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Debt Collection - 30 Day to Dispute (again)

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FootySr

Junior Member
Hello,

I'm writing from Illinois.

In October of 2005 I was contacted by a debt collection agency in Illinois who said I owed a credit card company a particular amount of money. I was told that if I didn't believe that they had contacted the correct person that I should dispute the letter. I sent an initial letter disputing, they sent me a response wanting a copy of my drivers license and Social Security Card. I sent the information and they confirmed that I wasn't the person responsible as the SS# did not match the information of the person they were looking for. So only a same name issue but not the responsible party.

In May of 2007 this same collection sent me another letter which was some sort of Privacy Statement. I called and was told it was basically nothing to be concerned with.

Here is is November or 2008 and today I received another letter from a different Dept Collection agency in New York but for the same debt that I had been cleared of from the first dept collection agency in 2005. Same account number with a slightly lower amount. I'm going to assume I have to jump through the same hoops as before but wondered if anyone has any advise.

I do have my letters back and forth from the 2005 situation that I was going through today and in one of those letters I had written that I had been contacted 3 year prior to that (2002) in reference to the same debt and was cleared that time as well, though I don't have any paperwork in reference to that one (pre computer backups).

Should I go to an Lawyer about this issue this time around? Should I simply send in another letter trying to clear my name on my own.

If any more information is needed my appoligies and I'll get that to you as so as possible.

Thanks in advance.

Jake
 


cosine

Senior Member
Should I go to an Lawyer about this issue this time around? Should I simply send in another letter trying to clear my name on my own.
As previously suggested, that might be a good idea (about the lawyer).

I personally would handle it without the lawyer at this point (it's not a lawsuit, and this is only the 2nd incident). But that's me.

If you do choose to handle this on your own (or at least do so initially to get it rolling), I highly recommend that you DO NOT provide any ID or personal or confidential information to any party you do not trust. And I assume you have no reason to trust this new collection agency (CA). That means do not send them your SSN, or driver's license number (DLN), or any photocopies of any documents. You do not know what they do with the information. They may use it somehow. Or they may keep in their records insecurely (someone who shouldn't have access might be able to get it). Simply dispute the debt claiming that it belongs to another party and that you know this because the SSNs did not match with the 1st CA. Let them ask you for SSN info. They are likely not going to give you the debtor's SSN, other than maybe the last 4 digits. If they do that, you may consider making a photocopy of your social security card with all digits covered by something that cannot leak light (black electrical tape is what I use), except enough digits to show there is a mismatch (and showing your name). If your DL has this info and you copy that, cover ALL the other info on it (even the DLN, date of issue, etc), including your photo. But leave the state seal exposed. They don't need any more info.

The original creditor likely got the account returned to them from the 1st CA and placed it with the 2nd CA, who went through the same erroneous process to track down the debtor and it let them to you. Unfortunately, this process could repeat each time the debt is placed with another CA or if it is sold to a debt buyer (DB), with no malice intended by any of these parties. I had one of these go through 3 CAs before. Turns out the probably real debtor not only shared the same name, but at one time lived on the same street as I did, and worked in the same field as I did then (this was back in the early days of the internet when researching someone was free).
 

TigerD

Senior Member
The original creditor likely got the account returned to them from the 1st CA and placed it with the 2nd CA, who went through the same erroneous process to track down the debtor and it let them to you. Unfortunately, this process could repeat each time the debt is placed with another CA or if it is sold to a debt buyer (DB), with no malice intended by any of these parties. I had one of these go through 3 CAs before. Turns out the probably real debtor not only shared the same name, but at one time lived on the same street as I did, and worked in the same field as I did then (this was back in the early days of the internet when researching someone was free).
This is what happens in about 60% of the right name wrong person cases we have. Once the big databases make the connection, I'm not sure even an act of God can separate it.

DC

PS How you approach the CA will make a big difference in how it is handled. I fired a collector for marking phone numbers valid and reporting good contact with someone that wasn't the debtor. He did that after the person was rude to him. That non-debtor will get calls for the other guys debts for the rest of his life now.
 
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emach1

Member
You gave them more than they were entitled already (ID? Ss card?). Fight tooth and nail. Don't let them get away with harrassing you like this. Sue them for harrassment.
 

FootySr

Junior Member
You gave them more than they were entitled already (ID? Ss card?). Fight tooth and nail. Don't let them get away with harrassing you like this. Sue them for harrassment.
OK who do I sue! ;)

Actually thanks for all the advise. This is the 3rd time in 6 years someone has contacted me about this dept. The first time they just asked me if the last 4 of a SS# they rattled off was me, my response was that it was not and that was good enough for them. The second group did want SS# and DL info but I think I remember them telling me to black out certain information only giving them enough to prove it was not me. This third group was much like the first, they told me a last 4 SS# and asked if it was me. I assured them it wasn't and he was ready to get off the phone and consider it a done deal. He told me not to worry about it and that he would note it that my address was not the correct one for the person they were trying to contact.

I don't know, it baffles me! I asked him how to deal with this so the process isn't repeated in another 3 years and he told me this will be the end of it. I mentioned to him that based on the letter that was sent to me it appeared that they wanted me to pay or be taken to court if I didn't contact them to dispute, he said to disregard the letter all together.

I'm thinking that changing my name may be my only option here. ;)

All is right for another 3 years.

Thanks again to those that responded. I appreciate your time. :)
 

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