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Does this sound legit? Is this guy using scare tactics??

Date: Wed, 07/15/2009 - 14:45

Submitted by anonymous
on Wed, 07/15/2009 - 14:45

Posts: 202330 Credits: [Donate]

Total Replies: 4


2 days ago I had a message on my answering machine. The guy identified himself as Michael Landon. He was looking for me and also gave my father's name, asked me to return his call by 4:30 that day. He said it was in reference to a small business credit card. I was confused because my father owns a small business and had a line of credit with his bank, but I have nothing to do with it.

So... I call him back to find out what this is about. He tells me he works with collections and is collecting on behalf of the bank my Dad used to use. (long story but my dad fell behind on payments for a line of credit he had for his business. I think he defaulted on the loan but he had a verbal agreement over the phone to make payments by a certain date. When he went to make the payment, he discovered all of his accounts had been cleared out. Everything my parents had, was gone. The bank just took it all and left them with nothing. He got pissed because they violated the agreement he had, so he stopped paying on it.)

Anyways, I explain to the guy that I am aware of a line of credit my father had, but that I have nothing to do with that. He then says well your social security number was used to secure the line of credit. I was completely confused, so he then read the social security number to me, and it was my number. I then proceeded to tell him that isn't possible, I don't make a lot of money and I don't see how someone like myself could be a personal guarantor for a line of credit for someone's business. I told him I never signed anything and this doesn't make sense. He then said that if what I was telling him was true, then my Dad committed fraud by using my social security number to obtain this line of credit. I asked him for a date of when this line of credit was obtained and wrote that down along with everything else he told me. I called my dad and he said there is no way, that he's had the line of credit for his business since the 90s. He defaulted on the loan about a year ago, so I am wondering why I haven't heard from the bank or from this guy sooner if I supposedly signed for something or was in some way legally responsible for paying it back. My sister said this guy is using scare tactics to try to get someone to pay the money back. I did at one time have a joint checking account with my dad at the same bank, from when I went off to college. I closed this account a few years ago when I moved, but I'm sure the bank has records with our names together. I told the guy I was going to talk to my dad and I would get back with him. After speaking to both my Dad and my sister, I felt like he was lying to try to scare me into thinking I owed money. I did not call him back, but he did call me again today and left me another message. I called him back and first asked him what company he worked for. He said "Focus" and then I said "Focus... what...?" He said "Focus Receivable Services" - I googled this name but only came up with Focus Receivable Management, which is based out of Georgia. I find it odd that when you call him number it either goes directly to him or straight to his voicemail without ringing. My sister said if he was with a legitimate company that there would be some sort of automated service. The info. on the company I found when I googled the name is a million dollar company.

Anyways... today's conversation went like this: After he gave me the name of the company he asked me what happened when I talked to my Dad. I then told him I wanted him to mail me a copy of this loan application he referenced during our Monday conversation. He said "Can't do it." I asked why and he told me that when my Dad signed the paperwork he was given a copy and told it was for his records (basically he needed to keep it). I told him that is crap because he is trying to tell me my name is on this agreement that I NEVER signed and therefore I am entitled to see a copy of this supposed paperwork. I told him that I know when you take out a loan of any kind you have to sign the agreement in front of a bank representative or in front of notary. We then got into an argument and I basically told him that I had looked up information on collection agnecies and I thought he was using scare tactics to try freak me out so I thought I was responsible for paying back a debt that isn't even mine. He then said that it doesn't matter to him if I pay this money back or not, he gets nothing out of it. I said "Well good, then don't call me anymore" He said "I can guarantee you, I won't call you again." Then I hung up.

What do you think? I know my Dad would never secure a line of credit with my name without telling me, nor do I think he could do that without my knowledge knowing how picky banks are about stuff like that. I also know that I would have heard from the bank or this collection agency a long time ago if I was in any way involved in this debt. I checked my credit report yesterday and there is nothing on there related to this. If I didn't pay a debt that I was a guarantor for, wouldn't it show as a delinquency on my credit report by now, if it was from a year ago?

I am also wondering about this bank taking every penny my parents had without any notice after they had an agreement to pay the money back and get caught up on the payment. How can a bank have contact with a customer and agree to a payment plan and then just take what they have before the agreed upon due date?

Please help me if you know anything that could help me figure this out. I want peace of mind that I am not in any way responsible for this and if there is anything my parents can do related to what the bank did to them.


It sounds like a scam. Did the individual you spoke with have an accent? ALso, Michael Landon? C'mon, that's a bogus name for sure! lol You can check back for more replies but if this was a legit CA they would have notified you or you father in the mail with a dunning letter and all the information regarding this alleged loan.


lrhall41

Submitted by Shazzers on Wed, 07/15/2009 - 14:51

( Posts: 17344 | Credits: )


Well the thing is, my dad does owe the bank money... he stopped paying them after they emptyied all of his accounts and took everything he had. We don't have the same name and I have since been married, so my last name has changed (they called asking for my maiden name). My sister thinks maybe they saw we had a bank account together and thought maybe we were married or something and so they are coming after me with this bogus story about me securing his line of credit. The guy didn't have an accent. I could hear what sounded like people working in the background. He wasn't very nice to me when I started questioning him and requesting copies of things. I would like to turn him in for slandering my dad with the "fraud" thing and also for him violating my dad's rights by disclosing personal information about his debt to me. By law, he can't do that.


lrhall41

Submitted by on Wed, 07/15/2009 - 17:38

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hiya flagirl--

there are many things about this that stand out as BS. First, let's look at the violations thus far that this debt collector has committed:

1--misrepresenting the amount, character or status of a debt, when you were told that you are on the loan as the guarantor.

2--willful disclosure of private information to a third party, because you are not on the loan they are not allowed to discuss it with you.

3--refusal to validate when you asked for documentation--the law doesnt allow them to refuse to validate the debt within the first 30 days after initial contact. And, since you asked for documentation during that first 30 days, and he refused and claimed he couldnt send you anything, then he broke this one. Keep this in mind--the law states that you are to request validation in writing, and if you do within the first 30 days, they must stop all collection effort until they provide you with the proper proof. However, this same law(the FDCPA) also uses a standard of "least sophisticated consumer". That means, they look at what the debt collector has done and they ask themselves, "what would the least sophisticated person think if they were told this?"--and if I were in court on this one, I would make a damn convincing argument that when a debt collector tells a consumer that he cannot provide proof, that the consumer doesnt have any way of knowing the truth.

4--failure to send you initial dunning letter within 5 days of first contact--this one I assumed because you didnt mention a letter.

5--deceptive practices, when your personal information(your SSN) was obtained and fraudulently used to try to get money from you for a debt that you have no obligation at all to pay.

6--misrepresentation of the amount, character or status of a debt(again), when they lied to you about when this account originated. You see, the law doesnt allow them to lie about ANYTHING concerning a debt they are trying to collect.

If I knew absolutely everything that they said, I am confident that I could find more violations. At this point, thats what I see so far. If youre still within the first 30 days since they first called you, then DEFINITELY send them a certified letter demanding validation of this debt ASAP. Send it certified, return receipt requested--it will cost you 5 bucks and change but the evidence that they received it may be priceless.


lrhall41

Submitted by skydivr7673 on Wed, 07/15/2009 - 19:05

( Posts: 2036 | Credits: )