Debt Validation/improper billing

Date: Fri, 08/19/2011 - 16:25

Submitted by Lisa M. Bobo
on Fri, 08/19/2011 - 16:25

Posts: 4 Credits: [Donate]

Total Replies: 2

I'm having trouble with a collection agency in town that refuses to verify a debt that we owe. To start she called the house with the automatic prerecorded message saying that she needed my son to call back asap. I called back because my son is only 18 he has no debts. Asked her who she needed to speak to she asked for my son again, i said why he has no debts and he's under age. She told me is he 18 i said yes, then she said he's old enough to speak to me by law. I said i don't think you understand he has no debt, then she asked to speak to my other son. I said no he has no debt either what do you want? Then she asked if my other son was my husband. I informed her that I think you have your billing statement filed improperly you can't keep asking for different people. She got really rude on the phone after I asked her to fix the billing mistake. I filed a complaint with the BBB she's calling me names on the BBB forum, the complaint is recorded. What do I do the company wont validate the bill they keep calling here asking for different people and don't know who the bill belongs too? Do I file with attorney general or ftc? or both? Need help this company is really pushing my buttons over a mistake they won't own up to? I asked numerous times to validate the bill if she's actually looking for my husband but keeps insisting my the person she called for was my hubby, he's not he's my 20 year old kid. I am clueless as to what to do they are being very nasty on the BBB forums, with me as well.

Your son is an adult by law and as such, you need to stay out of

Your son is an adult by law and as such, you need to stay out of it. He needs to call them and if the debt is not his, dispute the debt IN WRITING!!! The BBB forums are a waste of time...they have no legal power.

lrhall41

Submitted by SOAPLADY on Sat, 08/20/2011 - 08:59

( Posts: 17315 | Credits: )

I agree that this is a matter that you should try to stay out of

I agree that this is a matter that you should try to stay out of.
The debt collector is barred, under FDCPA 805(b), from any communication with you that in any way notifies you of a debt owed by another, unless that other is your spouse. They can ONLY tell you that they are calling to attempt to locate the party. FDCPA 804(b).
If they have violated FDCPA 805(b) by discussing his debt with you, then he should be the party addressing it by way of complaint to the FTC, or possibly legal action. I would recommend that you simply tell them that YOU are not the party they are asserting owes a debt, and thus have no business communicating with you.
Requests for locator information on another party extend, under FDCPA 804 and 803(7) only to obtain the consumer's place of abode, telephone number, or his place of business. They apparently have that. They are limited, under FDCPA 804(3) to only one such call, unless they have reason to believe your earlier provision of locator information was inaccurate or incomplete. That also does not appear to be the case, so when they call and know that he is not on the phone, they are most likely in violation of FDCPA 804(3) by continuing any further communication with you. And certainly in violation of FDCPA 805(b) if the issue of debt is even brought up.

You may be a witness in support of their practices, but legally he is the aggreaved party, not you. He needs to address their practices.

lrhall41

Submitted by Lian on Mon, 08/22/2011 - 20:29

( Posts: 234 | Credits: )