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I have never had debt, yet I keep getting called...

Date: Sat, 02/10/2007 - 03:29

Submitted by DRoseDARs
on Sat, 02/10/2007 - 03:29

Posts: 8 Credits: [Donate]

Total Replies: 17


This is my first post on this (or any other debt collection) forum. I have never held any debt of note because A) I have a Wells Fargo student credit card with a limit of $1800 and B) I always pay the balance by simply transferring it from my checking account as soon as a balance appears for my Visa online (God bless online banking). I follow the philosophy of "If I can't pay for it in cash, I don't buy it with a card" and as such have never yet been at risk of having the type of debt for which this forum exists.

That all said, here's my problem:
A little over a year ago I started receiving calls from Capital Management Services for a Gingberly Barboo (sp?). I have never in my life known a Gingerly or a Barboo, much less a Gingerly Barboo. It took me calling them 3 or 4 times over the course of 2 months to get them to stop calling my private cellphone. I thought that was the end of it...

The week before the midterm elections back in November I started again getting calls looking for a Gingerly Barboo. This time, I didn't call back, I just ignored the calls. The calls came every weekday, sometimes twice a day, for the past three months. Almost all of them were robo-calls, but a few were actually live Humans calling. One of the Human callers mentioned they were with ASG (Account Solutions Group), which led me to this forum. All the calls went straight to my voicemail box, so there's no way on God's green Earth the Human callers could miss the fact that my name sounds nothing like Gingerly Barboo, who judging by the name is female. I'm male and my name cannot be confused for female.

The past few days have been completely devoid of calls. I think after 3 months the calls from them may have finally stopped. However, now that two separate debt collectors have called my private cellphone number, I'm worried others will call. I'm pretty much convinced that this Gingerly Barboo character chose a phone number at random to give as her contact number and I'm just the unlucky schmuck who the number belongs to. There probably isn't much I can do to prevent this from happening again, but perhaps y'all might have more ideas.


Welcome to the forums!

If they call again, I would suggest getting addresses for both companies, and send a Cease and Desist letter to both. Send it via certified mail so they have to sign for it, and you have proof they received it. In the letter, advise them you are not the person they are seeking at the listed phone number and request they stop calling.

Good luck to you! Keep us posted and feel free to ask any other questions you may have.


lrhall41

Submitted by SUEBEEHONEY70 on Sat, 02/10/2007 - 04:19

( Posts: 4583 | Credits: )


:D Aah,the fun of skiptracing.They obviously got you confused with another persons number.Sue gives good advice above. The only thing I might add is if you are sure this is not for you,it may be appropiate to answer phone and tell them to hit the road.

I would still send that letter mentioned for legal proof. Next I would place home and cell phone on do not call list and do promotional opt out with credit bureaus.

I know I am getting complicated.Here is what I am trying to accomplish. Once you are on that do not call list,there are nice legal remedies you can use to make them stop the unwanted calls. Note this works only if you do not have an account with the party in question.


lrhall41

Submitted by cajunbulldog on Sat, 02/10/2007 - 05:25

( Posts: 4850 | Credits: )


Sounds like this starts back with Capital Management Services. I hit them for this type of thing last year. They called my client demanding that she pay them money on a debt that is not hers. In that case they were close on the name, but obviously had the wrong person. After a few recorded phone calls with the debt collector yelling at this poor lady we put a stop to it. She had a very nice Christmas thanks to Capital Management's collection clowns.

If you don't want to mess with them, just send a cease and desist all communications letter, cmrrr, then they can't even write to you. If they ignore your letter, pursue your legal remedies.


lrhall41

Submitted by texaslawyer on Sat, 02/10/2007 - 09:15

( Posts: 258 | Credits: )


Keep a log of all the phone calls done to you, with date and time. You might need this letter if you are pursuing legal actions. You have to speak with the supervisor of the company and get your name removed from their auto dialers / caller's list. If this doesn't work, verify your state laws on recording phone calls. Attach a recording device when they call you next time and consult an attorney.


lrhall41

Submitted by weeswie on Sat, 02/10/2007 - 12:36

( Posts: 382 | Credits: )


Thank you all for the input. Couple of things:

1) I won't be changing my cell number; I see no reason to. If I get calls again, I can just as easily screen them and ignore the ones I don't want to answer. I did it for three months, I can do it again. Not a problem, just a minor annoyance.

2) Every robo-caller and every Human caller pronounced Gingerly Barboo's (sp?) name differently, so your guess is as good as mine or the debt collectors'.

3) My real name is very white bread Anglo. It looks and sounds NOTHING like Ginergly Barboo. So yeah, it strikes me as fairly incompetent that the Human callers (4 maybe in three months?) never made the connection that perhaps they had the wrong information. Then again, I had to call CMS several times to get them to stop, so ASG not connecting the dots on their own isn't such a stretch.

4) As for logging calls, unfortunately I never did that other than to write down the call-back numbers and the reference number, as well as the calling number (different from the one I was supposed to call). If the calls start back up, I'll try to remember to start logging times/dates in addition to the other stuff.

5) If in the future I have to call a collector more than once to get them to stop calling for Gingerly Barboo at my cell number, I will certainly consider the C&D letter option.

6) I placed my cell number on the do not call list some time ago and I believe it should be good until 2011 if I recall the on-screen message correctly. I'll look into it again and see if I missed something...

7) As for finding ASG, one of the Human callers slipped up and gave the initials of their company (ASG) where none of the robo-calls nor the Human callers had given it before. Through Google I found this forum and through both I found Account Solutions Group and their website, as well as their physical location complete with map and driving instructions. I could drive there if I were so inclined to go cross-country to Buffalo, NY, but don't worry, I have zero interest in doing so ... especially not when they're dealing with 10 feet of snow right now!



Thank you all again. Hopefully I won't need to do any of this in the future or worse, require debt assistance advice of my own. Take care and God/dess bless.


lrhall41

Submitted by DRoseDARs on Sun, 02/11/2007 - 00:10

( Posts: 8 | Credits: )


DRoseDARS, I encourage you to send these people a letter ordering them to cease all communication with you about the debt. You should also inform them further that, by calling you on your cell phone, they are causing you to incur charges for their communications, which is a violation of the FDCPA32. Send the letter certified mail, return receipt requested, so you have proof that you sent it and that they received it. In virtually all cases, this makes the problem vanish. There are a very small number of exceptions, but under these circumstances -- the debt isn't yours -- it is highly unlikely that you will be one of them.

If they respond to your "cease-comm" by threatening you with legal action (which is theoretically possible, but highly unlikely), send them another letter -- again, certified mail, return receipt requested -- telling them to send you all the documentation they have pertaining to your alleged debt. Inform them that they are not permitted to take any further collection activity until they have sent you that documentation (again, this is per the fdcpa).

And if they're still coming after you after all that, call a lawyer and take them to the cleaners.


lrhall41

Submitted by Debt Padawan on Sun, 02/11/2007 - 04:23

( Posts: 89 | Credits: )


Well, ASG stopped calling all on their own ... it only took them 4 months...

...

...and now a THIRD debt collection agency is calling for this mystery woman Gingerly. Started yesterday (March 6th) and all I have on them so far is A) the number Gingerly is supposed to call back 1-800-925-6140 B) at ext 1053 C) or at ext 1312 and D) "regarding file (or did she say account?) ending in 8560." Three calls, the first two by the same woman (but she sounded a little more stern the second time) and the third by a different woman (more relaxed). This time, I'm logging when this new agency calls and I'm not responding until I know exactly who and where they are so they can receive a C&D letter.


lrhall41

Submitted by DRoseDARs on Wed, 03/07/2007 - 01:33

( Posts: 8 | Credits: )


Thank you, however I saw that thread someone started earlier about that number, but the person who responded wasn't entirely sure they had heard correctly the name of the agency:

"When I called the number, it sound like they said they were National Enterprise System. If that is who they were then this is info I got from the Better Business Bureau about them:"
Edit: Won't let me post the link to the thread elsewhere in the forum.

I'd like to be absolutely certain before making any contact.


lrhall41

Submitted by on Wed, 03/07/2007 - 09:18

( Posts: | Credits: )


Ok, here's my C&D letter. Personal info has been removed. Anything I should add, adjust, or remove?

*********

[quote]*Name and personal info goes here*

Re: Notice to Cease Contact Regarding Debt for [my mystery woman] (actual spelling and pronunciation unknown; best guess given)*

National Enterprise Systems
29125 Solon Rd.
Solon, Ohio, 44139-3442

I am notifying you in writing that your agency has contacted me on my private cell phone regarding a debt for [my mystery woman] (actual spelling and pronunciation unknown; best guess given)*. No one by that name lives at my address or cell phone number nor have I ever known anyone by that name.

Therefore, I am requesting that you cease all communication to my cell phone number regarding this person's debt. If you persist in believing that [my mystery woman] (actual spelling and pronunciation unknown; best guess given)* is somehow connected with my address and/or cell phone number, please provide proof of your claim.

You should direct all future correspondence in writing as outlined in the Fair Debt Collection Practices Act (fdcpa) and to cease all communication with me by telephone.

Lastly, I would like to receive from you confirmation in writing that you have received this letter and will no longer be contacting me about this other person's debt. If I do not receive from you a confirmation in writing of reception of this letter and your agreement to no longer contact me regarding this other person????????s debt within two weeks of the certified mail delivery date and you instead continue to contact me seeking this other person, I may be forced to seek further legal action.

I await your confirmation in writing within two weeks from the certified mail delivery date.



Sincerely,

*Name and signature go here*[/quote]

*********

*Note: I will be leaving in the line about the "best guess." I have no idea what the correct spelling or pronunciation of her name are and I don't want NES thinking I do and therefore thinking I'm lying about knowing this woman. I don't know her and frankly don't want to. I feel for her, but her problems are none of my business.


lrhall41

Submitted by DRoseDARs on Wed, 03/07/2007 - 21:04

( Posts: 8 | Credits: )