Collection agency says I owe a debt...
Complaint
Althea Molette
Country: United States
I got a phone call yesterday, Jan. 26, 2010, from Portfolio Recovery Associates claiming that I owe South Western Bell an outstanding bill. Well, I’ve never had South Western Bell service. In fact I haven’t had a phone service in my name in a better part of 12 years and that wasn’t even South Western Bell. This person was rude and very unprofessional. When I tried to tell her that I’ve never had SWB service before, she immediately started yelling at me and conveying threats. After I ended the call by hanging up on her, I went on the internet to find a number for SWB but I kept getting directed to AT&T, so I called them remembering that AT&T had acquired SWB a while back. They said I didn’t show up in their data base and their records go back only five years. The lady I talked to at AT&T suggested that I was being scammed. After I spoke with AT&T I called the police and made a report. I also tried to call back the number that showed on my caller id and I got a recording saying this number wasn’t in service. It seems to me as though if a collection agency wants to resolve an outstanding debt they should make their number call back available. What can I do if they call again? This is clearly a scam.
Comments
No I'm not sure what steps to take to make them stop. The last letter I received from them even said "Due to the age of this debt we will not sue you." THEN LEAVE ME ALONE!!
Debt collectors who are attempting to collect on suspect "debt" often combine both deception and harassment in their attempts to do so. Their very statement that "they didn't care if it was the presidents funeral they would keep calling" crosses the line into illegal threats in violation of FDCPA, as well as deception in that it implies that you have no legal right to stop them, which is false. Both the threats and the deception are illegal, even more so in attempting to collect an unowed debt. They are implying your only choice is to pay them, rather than exercise your legal rights to dispute the debt, demand proof you owe it, or demand that they cease communications entirely.
Since you do not believe this "debt" is even owed by you (consistent with having an existing Walmart card), you would be wise to discuss this with a consumer attorney, as you might be wise to take an aggressive approach here before they screw up your credit at an inopportune time (like when you're buying or refinancing a house), or attempt to slip through a default judgement while you're not looking. You may be able to sue for violations of FDCPA, which is probably the most direct way to drive them away from harassing you permanently.
You can find a consumer attorney in your state through www.naca.net
http://www.ftc.gov/news-events/press-releases ... tle-ftc-charges
http://www.ftc.gov/news-events/press-releases ... tc-charges-will
Send them a cease communications letter, mailed certified return receipt requested, so you have proof of their receipt for use in court. If they continue to harass you and demand payment, you can sue them for violations of FDCPA.
Many attorneys take this type of case on contingency, since FDCPA provides for courts to award statutory and actual damages, and your attorney fees, if you win. You can find a consumer attorney in your state through www.naca.net.
If you have further problems, contact CFPB.
www.consumerfinance.gov