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Receiving harrassing phone calls from a collection agencies @ ex's ex-husband's debt

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Receiving harrassing phone calls from a collection agencies @ ex's ex-husband's debt

Old 03-07-08, 06:33 PM
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Receiving harrassing phone calls from a collection agencies @ ex's ex-husband's debt

The long story short is that my name and number was given to a collection agency by the ex-husband of one of my ex's, and now they are calling me every day. I have requested 2-3 times to be taken off the list and affirmed I have no connection to this ass, yet they keep calling. They are pretty much the scum of the earth and have lied to me saying I'm out of the system, etc.

1. Do I have any legal recourse?
2. What can I do to stop them...as the calls are on my cell phone so it rings at work, home, etc.

http://www.receivablesperformance.com/

fuckers.
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Old 03-07-08, 06:36 PM
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I thought there was a new law where you could tell them directly to never call again and they couldn't. Mention that, and tell them you are keeping a log to see if they ever call again.
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Old 03-07-08, 06:37 PM
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put a silent ringtone to that number.
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Old 03-07-08, 06:38 PM
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Can you call the police on stuff like this?

I know this is how collection agencies operate, but it sounds like it has gone beyond anything reasonable.
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Old 03-07-08, 06:45 PM
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Originally Posted by kvrdave
I thought there was a new law where you could tell them directly to never call again and they couldn't. Mention that, and tell them you are keeping a log to see if they ever call again.
I've already done that, and they have called at least twice again.
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Old 03-07-08, 07:05 PM
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Originally Posted by Draven
Can you call the police on stuff like this?

I know this is how collection agencies operate, but it sounds like it has gone beyond anything reasonable.
You wouldn't call the police, but there is probably a state agency that regulates collection agencies. I'd register a written complaint with them. I'd also send a certified letter to the collection agency telling them to stop calling you, and explain why.
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Old 03-07-08, 07:11 PM
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FTC has some pretty good info on your rights. Phone numbers to report violation is at the bottom of the page. Good luck.

What must the debt collector tell you about the debt?

Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?

A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm
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Old 03-07-08, 07:15 PM
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MonkeyG to the rescue. Great info.
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Old 03-07-08, 07:17 PM
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Youíll need to send them a letter demanding that they cease communication. It doesnít have to be anything complicated. I would give them a brief explanation of the situation but itís not necessary. You can write it yourself but a quick internet search will give you some websites with templates. The important thing is that you send it certified mail with return receipt.

I have had to do this myself so I speak from experience.
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Old 03-07-08, 07:25 PM
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I was hoping to avoid the certified mail, etc....as that takes time, but I know that is a necessary step to be official.

I just spoke with the ex' husband, and he denied everything. He is a big douche bag, so I'm not surprised. My cell number is registered through a company account and NOT my name. Most likely he looked up my cell # through his ex' wifes cell phone account. He'll probably keel over from a heart attack (already had a one at 29 or 30 because he is a fat POS.), at least I hope so.

Yeah, I'm a little annoyed.
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Old 03-07-08, 07:32 PM
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You need to send him a diary of where and when you banged his ex in as much explicit detail as possible. Pics should also be included.

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Old 03-07-08, 07:38 PM
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send them a certified letter telling them (1) you are not the person they are looking for and that (2) pursuant to the fair debt collection practices act they are no longer to contact you. i had something similar - my phone number was previously held by a bad check writer. one collection company would call at all times, leave harassing messages, and would not take me off their list when they would speak to me. one letter later, no further phone calls.
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Old 03-07-08, 07:50 PM
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Originally Posted by pedagogue
I was hoping to avoid the certified mail, etc....as that takes time, but I know that is a necessary step to be official.

I just spoke with the ex' husband, and he denied everything. He is a big douche bag, so I'm not surprised. My cell number is registered through a company account and NOT my name. Most likely he looked up my cell # through his ex' wifes cell phone account. He'll probably keel over from a heart attack (already had a one at 29 or 30 because he is a fat POS.), at least I hope so.

Yeah, I'm a little annoyed.
Itís definitely a PITA. Youíll have to make it official for them to take you seriously. In their defense (I canít believe I just said that), Iím sure they hear excuses like ďthat person doesnít live here anymoreĒ or ďnever heard of ĎemĒ a thousand times a day.

In the last three years Iíve had to deal with two collection agencies looking for my ex-wife and four others looking for someone I donít even know because of a phone book misprint. I can relate to your frustration.
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Old 03-07-08, 07:57 PM
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Here is a lovely article about the company: http://seattlepi.nwsource.com/local/328406_debt21.html
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Old 03-07-08, 07:58 PM
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It seems like they are a third party collection agency. As such they are not SUPPOSED to contact you more than once without your permission if they contact you to get information for their borrower. Keep a log. Tell them you are keeping a log. Mention the FDCPA. Mention to them you are recording the calls. Let them know they are calling a CELL phone that you do not give them permission to call back.

If you send them a letter, certified or not, you probably won't have to deal with them any longer.

FDCPA violations will earn you $1000 per violation for those who go through the trouble of actually suing. Possibly more in punitive damages for gross misconduct.
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Old 03-07-08, 08:25 PM
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I've kept a log of everything. Here is the C&D I'm sending tomorrow.

This will serve as your legal notice under provisions of federal law, the Fair Debt Collection Practices Act (FDCPA), to cease all communication with me in regard to the debt of THE DEADBEAT, as I have no personal or professional relationship with this individual.

I have been contacted on 03/04/08, 03/05/08, 03/07/08, each time instructing your employee that: I have no connection to THE DEADBEAT, that they are calling me on my personal cell phone, and to cease and desist from any contact in regard to this matter.

Failure to comply with this notice will result in formal complaints being filed against Receivables Performance Management with the Federal Trade Commission, the States Attorney General office, and the American Collectors Association. In addition, I will pursue damages and legal costs pursuant with the FDCPA guidelines.

You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate legal action will be taken against Receivables Performance Management.
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Old 03-07-08, 08:47 PM
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Excellent letter. I enjoy being a smartass with these people though so I usually put this at the bottom of the page:

NOTE: This is an attempt to make a debt collector obey the law.
Any information obtained, will be used for that purpose.
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Old 03-07-08, 09:25 PM
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I'd add a "neener" at the bottom.
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Old 03-07-08, 11:17 PM
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Originally Posted by TomOpus
I'd add a "neener" at the bottom.
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Old 03-07-08, 11:32 PM
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Originally Posted by pedagogue
I was hoping to avoid the certified mail, etc....as that takes time, but I know that is a necessary step to be official.

I just spoke with the ex' husband, and he denied everything. He is a big douche bag, so I'm not surprised. My cell number is registered through a company account and NOT my name. Most likely he looked up my cell # through his ex' wifes cell phone account. He'll probably keel over from a heart attack (already had a one at 29 or 30 because he is a fat POS.), at least I hope so.

Yeah, I'm a little annoyed.
Time to sign him up for some gay porn mags (not that there's anything wrong with that) and be sure to click on bill me later.
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Old 03-07-08, 11:34 PM
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Nit pick: It's "pursuant to", not "pursuant with".
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Old 03-07-08, 11:35 PM
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thanks bando!
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Old 03-07-08, 11:47 PM
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I'm here to help.
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Old 03-07-08, 11:56 PM
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Can you poo in a box and mail it to them?'
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Old 03-07-08, 11:58 PM
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Done!


*goes to find box*
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