[Seaside]

Well... I got a call from a collection agency.
The guy said he is calling in behalf of "Fifth Third bank" collection dept, because I have to pay something. I asked their # and stuff, and get on the internet to see if its legitimate bank or not.
It turned out to be the #is legitimate # of that bank, and the bank itself is legitimate to according to BBB. The thing is... I never heard of that bank before, and they never had any branch in where I lived. I only used two banks for last 10 years, and it is not one of them.
So, I called to the bank, told the lady what happened, asked her verify some stuffs. She asked my last 4 digits of SSN, and she said "There is about 100 people who has the same name, but none of them has the same SSN you gave me." and suggested that I call the collection again, and explain what she said.
So, I called collection, gave her my last 4 digits, asked the lady what is it that happened. She took some search, and said it looks like wrong person, and she will make my phone number erased within a few days.

I do not think this means things are under control. Erase my phone# in their system does not necessarily means that my info will be corrected. It's just a phone number, isn't it?

What should I do at this moment?

- report this to those 3 major credit rating companies, make them know?
- write to the fifth third bank, ask them remove the record since its wrong?
- what else?

Funny thing is...

I used to get calls and mails that are looking for the guy whos name is similar with mine. For example, if my name is "Robert Smith" with no middle name, they are calling for "Robert K. Smith" or "Rob Smith" or "Abe J Smith". When I got these calls, I said, there is no such a person in this house, you got wrong info, please make it corrected. This happened from time to time.

Luckily, I do not find any suspicious activity in my bank accounts or credit card accounts yet. But I am kinda uneasy about that, since it could be a possible identity theft or... messed up.

Any suggestion or help?

 

[003]

5th 3rd bank is real, there is one right by where I live, I can tell you that.

 

[Squeek]

Without your SSN it won't be reporting to your bureaus.

I've worked extensively in collections, my best guess is that they were fishing for someone with the same name. Kind of the "Hail Mary" play of the collections world. I think you have nothing to worry about.

If you really want to feel better, pull your own credit bureau and make sure everything is tip top.

 

[Seaside]

003, Squeek, Thanks for the help.

And Squeek, what you mean is that they try to find out the bad guy by calling all those people with the same name, me as one of them?

But I think the bad guy will play game again with agency, as if he is innocent. so, how they can figure who's innocent and whos not?
Darn... this is irritating.

 

[inthused]

Good point, if they are fishing why would the bad guy admit he is the one thier looking for?
Next time you recieve a call from them, if you do, tell them to hold on for just a minute while you get your recorder. Suggest you are recording the conversation and if they call you again, you will be contacting your attorney for harassment.
Just a thought

 

[Squeek]

Quote:

Originally Posted by Seaside /img/forum/go_quote.gif 003, Squeek, Thanks for the help. And Squeek, what you mean is that they try to find out the bad guy by calling all those people with the same name, me as one of them? But I think the bad guy will play game again with agency, as if he is innocent. so, how they can figure who's innocent and whos not? Darn... this is irritating.

I'll give you a quick rundown on how collections work...

You owe Visa $10,000 and just stop paying. Visa has a set amount of time in which to collect at least some of the debt before they are forced to write it off as bad debt (usually 10 months). When this happens, to recoup some of the costs, Visa sells your outstanding debt to a collections agency for cents on the dollar. eg, they may buy your $10,000 debt for $600, and then they continue the collection attempts and would own whatever amount they manage to collect up to the entire $10,000.

In terms of fishing, the collections group may have gotten a lead that stated the person they are looking for has moved to your city. They would access a directory to find name matches, and place a call to each residence if there were not many.

As I said, it is the Hail Mary play. It is not often successful, but since you provided them with your SSN, they can now scratch you off the list of possibilities and continue down the list.

Collecting an account does not happen over night. It is many people, mining a lot of information over a long period of time from a lot of different sources. This is particularly true when the person has skipped town.

 

[Squeek]

Quote:

Originally Posted by inthused /img/forum/go_quote.gif Next time you recieve a call from them, if you do, tell them to hold on for just a minute while you get your recorder. Suggest you are recording the conversation and if they call you again, you will be contacting your attorney for harassment. Just a thought

If I had a dollar for every time I heard the exact same thing...DO NOT TAKE THIS APPROACH! All it will do is give them a reason to believe you are the one they are looking for and the calls will only increase. Trust me.

In order for you to be able to use the tape in any legal situation, they would need to give their explicit permission for you to record the conversation, which of course, will not be given. They will just continue to call from blocked numbers and drive you insane.

If you have nothing to hide, give them the info they need to scratch you off the list and move on with your life.

 

[mrarroyo]

OP, I have had the same thing happen to me. Basically I did what you did and I have not been bothered since. Good luck.

 

[lmilhan]

Quote:

Originally Posted by Seaside /img/forum/go_quote.gif And Squeek, what you mean is that they try to find out the bad guy by calling all those people with the same name, me as one of them?

Yes, kind of like "Are you Sarah Connor?".

 

[inthused]

Quote:

If I had a dollar for every time I heard the exact same thing...DO NOT TAKE THIS APPROACH! All it will do is give them a reason to believe you are the one they are looking for and the calls will only increase. Trust me. In order for you to be able to use the tape in any legal situation, they would need to give their explicit permission for you to record the conversation, which of course, will not be given. They will just continue to call from blocked numbers and drive you insane. If you have nothing to hide, give them the info they need to scratch you off the list and move on with your life.

Squeek: while I will agree with you about providing all the information they need to scratch you off their list, My suggestion is "if they call again". One of the great things about living in Minnesota is you don't even have to tell the other party they are being recorded. As long as one person in any conversation knows it is being recorded it is 100% legal, and very useful when needed. Things probably play out a little different depending on where you live, and I don't know how Virginia takes care of their citizens with recorders but businesses do view an individual differently if they have been co-operated with and then continue to call them, which is viewed as harrassment here. The curtiousy of telling the collection agency you will be recording thier 2nd call to you goes a long, long way in how they view you legally and preventing future hassels.
Seaside, its of course your call, I know you are only looking for suggestions on how to deal with a collection agency that may possibly have an overzealous employee overstepping thier legal boundries. Check to see if your state protects you like they do here in Minnesota and if so, be polite and direct. They will comply if they are a legit and ethical business out to do the right thing.
Its also possible the business is legit but the rep isn't and a polite conversation with the office supervisor will produce the desired results.

But, do not take any **** from any company. Not here in America, not for awhile anyway, I hope LOL

 

[whistler]

had a similar incident this week. A call concerning my father's estate. One of the credit card accounts had to be defaulted/declared unpayable on due to lack of funds in the estate. The others had credit card life insurance, so where settled, or so I thought. Talking to the person I thought the account that was being called about was the one I had tell the credit card company couldn't be paid but after the phone callI checked my 1 year and half old records and found that they where calling about one maybe two accounts that where settled with insurance, same credit card company different accounts.

One of the last questions the person asked was whether there was anyone in the family that would pay on the account. A very clear, at least I thought so, and emphatic "no" was the answer. Looking back on the call once I realized it was one or two of the three accounts covered by insurance makes it even weirder. I guess I will wait and see what if anything they try.

 

[Uncle Erik]

Quote:

Originally Posted by Squeek /img/forum/go_quote.gif I'll give you a quick rundown on how collections work... You owe Visa $10,000 and just stop paying. Visa has a set amount of time in which to collect at least some of the debt before they are forced to write it off as bad debt (usually 10 months). When this happens, to recoup some of the costs, Visa sells your outstanding debt to a collections agency for cents on the dollar. eg, they may buy your $10,000 debt for $600, and then they continue the collection attempts and would own whatever amount they manage to collect up to the entire $10,000. In terms of fishing, the collections group may have gotten a lead that stated the person they are looking for has moved to your city. They would access a directory to find name matches, and place a call to each residence if there were not many. As I said, it is the Hail Mary play. It is not often successful, but since you provided them with your SSN, they can now scratch you off the list of possibilities and continue down the list. Collecting an account does not happen over night. It is many people, mining a lot of information over a long period of time from a lot of different sources. This is particularly true when the person has skipped town.

Yup. One little difference, in the US, you have 180 days (six months) before you have to take the bad debt off your books. Now, don't get that confused with the statute of limitations. Those vary according to your state as well as to what kind of debt it is. Secured debt (where the debt is secured by real estate, a car, etc.) is often treated differently than unsecured consumer debt, like a credit card. Creditors, collection agencies, etc. can sue you for repayment until the statute of limitations runs out.

As for getting harassed by collectors, the US has a good law: The Fair Debt Collection Practices Act. Here's a link to the FTC site:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.shtm

If any of them harass you, use the FDCPA to beat their brains in. Hey, it's legal. Very legal. Also, the state you live in may or may not have laws addressing the operations/practices of collection agencies in your state. A good place to check is with your state's Attorney General's (or equivalent) Office website.

And yes, it's true that bad debt gets traded around just like stock or bond portfolios. You can even buy your *own* bad debt and then discharge it. Seriously.

As for the OP, there's nothing to worry about. If the collector calls again, tell him that they have the wrong person and refuse to pay. That's it. Don't be rude and don't threaten. Just refuse to pay. If they keep calling, hit them with the FDCPA.

And it never hurts to check your credit report for accuracy, either.

 

[Seaside]

Squeek, thanks for your kind explanation.
I never knew how it works, and is kind of amazing when I think about the way they do. It sounds like someone in Alaska can get a call from the agency in Florida, only because he has similiar name with the bad guy, if they think the guy has moved to Alaska. But it also could mean catching the guy is that difficult, isn't it?

It looks like I am out of the list now and I feel relieved after I read the explanation from the horse's mouth, you. Really appreciated.
I believe, according to the federal law, they must send me a letter within 5 days of first call, if they find anything suspicious or if they believe I am the one who is responsible. I do not think this is gonna happen to me, after I read your explanation though... I will see.

inthused, I appreciated your opinion.
I do not think private recording is working in Virginia. What I heard is, I can record whatever I want, but it is not gonna be accepted as an evidence if that happened without permission. In case of permission, I think that also is not working in VA unless I have proper authority or warrant. So, any private recording is almost useless. They can deny anything if there's no written legal document. At least, that is what court did when one of my relative was involved with a weird bankruptcy case about 4 years ago as a victim.

And thanks Uncle Erik for your opinion. I will check my credit report as you said it never hurts. It is a pity that people have to worry about something they didn't do because of someone else's negligent.

 

[kin0kin]

with regards to ftc, here's a letter you can use to shut them up:

Quote:

Send the letter via certified mail with a return receipt request. Obtain PS Forms #PS3800 & PS3811 from your local Post Office. Keep a copy of the letter for your files. Send out the letter within thirty days of the first contact by the collection agency/ collection attorney. The law applies to both the agency and to attorneys who collect two or more debts per year. They are allowed (under law) to contact you one time, after receipt of the letter, to notify you or their intent. Debt buyers (scavengers) are subject to the law in spite of their assertions that since they bought the debt, they are not the collector. WRONG!!! They ARE a debt collector, subject to the law. Send the letter, it's legal and it works! Your Name Your Address City, State, Zip (Sent via CERTIFIED RETURN MAIL #123 456 789 with RETURN RECEIPT) Date: XYZ Collection Agency/Law Firm 1234 Main Street, #100 Any town, USA 10021 Re: File #0000000 - ABC Bank - #4445566778899000 -For: $5555.55 Dear Debt Collector /Debt Collector Attorney: 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 referenced above. If you fail to heed this notice, I will file a formal complaint against you with the Federal Trade Commission who is responsible for enforcement, the States Attorney General office and/or the American Collectors Association or local State Bar Association. I/We have decided that we do not desire to work with a collection agency under any circumstances. I/We will contact the original creditor to resolve this matter directly, as circumstances warrant. You are also notified that should any adverse information be placed against my/our credit reports as a result of this notice that appropriate actions will be taken. Give this very important matter the attention it deserves. Sincerely, John J. Consumer NOTE: This is an attempt to make a debt collector obey the law. Any information obtained, will be used for that purpose.

source: budhibbs.com

 

[inthused]

this is excellent information to have on hand. I'll have to print it out an put it with my important papers. Nowadays this type of problem is becoming more and more common with all the identity theft going on and they say it's going to get worse before it (hopefully) gets better.