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They have the wrong person

Date: Tue, 03/17/2009 - 09:56

Submitted by anonymous
on Tue, 03/17/2009 - 09:56

Posts: 202330 Credits: [Donate]

Total Replies: 9


If both the CA and I agree they have the wrong person i.e. wrong SS#, do they have to stop calling and remove our phone# from the data base if I verbally ask them to over the phone or do I HAVE to send a RR CL to them? They do not have my address and I do not want them to get it from the letter.
Any help is appreciated.

Thanks in advance


You have to send them a letter in writing. You can get a PO for 6 mos for $21, send the letter certified, with a return receipt to the PO box. It is a good idea to make them validate the debt and if you can get a letter from CA stating that they have the wrong person, send them a copy of that letter too. Citing the FDCPA is important too. It is a Federal law but it varies from state to state. Find out what is applicable for your state.


lrhall41

Submitted by on Thu, 03/19/2009 - 17:19

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I think going out of your way to hide your address is unnecisary. If you send them a letter you reference the phone number and if you can, the name they were calling for (if different from yours). If it is the same you can always send a photocopy of your SSI number with all but the last 4 numbers redacted....so it proves your name and different last 4 to them. Not having the rest of your social won't help them over much..if you suddenly start getting letters from them and they keep calling, well heck...then this little bit of annoyance just got you a $1000, take them to small claims....boy would they look stupid with your certified letters proving you are not who they want plus whatever else they did after they got this letter.

It would be worth it to walk away with $1000 + your court costs.


lrhall41

Submitted by goldenbast on Thu, 03/19/2009 - 20:32

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better yet, what state do you live in? If youre in a one-party state, I would record the calls. Get it on tape where the debt collector on the phone is admitting that your SSN isnt the one they are trying to collect on, and be sure to announce on that recording the date and time of the call. Then, keep a record of every new phone call, letter, etc etc etc. THEN, you have an ironclad case. Letters are one thing, but nowadays a company can make a case that a letter got lost in the shuffle from one internal department to another. Remember this folks---if a CA can convince the court that the violation was purely unintentional, then you lose your case! Which one presents a better case to the judge?

1--showing that you sent a letter, and then having them say that it was a purely unintentional oversight, that they promise to correct immediately?? In that case, the judge may just dismiss it like that.

OR--

2--getting them in front of a judge and proving on tape that their COLLECTIONS department knew of their mistake, still didnt fix it in their computers, still didnt flag the account for the change, and still continued to harass you.....

I know which one I would rather have...


lrhall41

Submitted by skydivr7673 on Fri, 03/20/2009 - 09:50

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