Attempting to scam people on former accounts.
Complaint
Ann O
Country: United States
I just received a call from this company, claiming that I owe them $1200.00 for a credit card I had in 2000. They called on my cell phone, who knows where they got the #. They had the address of one of the places that I have lived over the pass 11 years. And when I insisted that I didn't owe this debt, the woman was very rude and tried to be intimidating until I had to put her in check. She will not talk down to me and be that rude. She told me that I'll have a very hard time proving identy theft or fraud and she is willing to work with me to resolve this debt and If I don't they will make sure I'm charge the full $1200.00. She can kiss my round rear. I don't owe this debt and I will not fall for it. If it continues i will file a complaint with the government authorities. And I hope that anyone else they try pull this on will also. They count on people being afraid of their credi being ruined. Don't give in to these thieves!!!!!!!
Comments
You suspect they are attempting to collect on an unowed debt. You have told her you are disputing it.
"She told me that I'll have a very hard time proving identy theft or fraud"
"she is willing to work with me to resolve this debt and If I don't they will make sure I'm charge the full $1200.00. "
Your instincts are correct. You recognize that this is a set-up, a little "con", attempting to steer you toward paying an unowed debt as the "safest path".
They have already made a number of deceptive statements, attempting to convince you that you can't dispute the debt, that you might only dispute it as "identity theft" but would be unlikely to be able to prove it, that you have to prove the debt is not owed (rather than that they have to prove it is owed), and that they can make you pay it (at 11 years, it is likely past SOL in your state).
Debts can only be legally reported to credit reports for 7.5 years after they first go delinquent. Implying they can damage your credit on an 11 year old debt is also deceptive and illegal.
Deceptive collection, or making threats they do not intend to do, or cannot do, is in violation of FDCPA.
In addition, they have called you on your cell phone, probably using an autodialer, which is a violation of TCPA. A class action lawsuit was just filed against them for unauthorized calls to cell phones.
They are also required to send you a letter within 5 days notifying you they are attempting to collect this alleged debt, and that you can dispute and request validation of it. It doen't sound like you have received such a letter. If you don't get that letter within, say, 10 days of theier first call, then that is another violation of FDCPA.
Contact FTC and your state Attorney General to file complaints for their illegal attempts to deceive you into paying an unowed "debt".
In addition, send PRA a letter, certified return receipt requested, disputing the alleged debt, and demanding that they send your proof. They are required to cease all collection until they obtain proof from the original creditor and send it to you, if you send them a dispute letter within 30 days of receiving their first dunning letter.
Contact a consumer protection attorney, as their initial contact indicates they are engaging in numerous illegal deceptive practices. You might try www.naca.net
Just got a call from these idiots saying I owed a Kays Jeweler account from 1991. Grasping at straws a little as I wouldn't shop there, own 3 houses and have over an 800 Score. I turned them into everybody from the FTC to Consumer Affairs. These people are scammers buying bad debt then threatening. Well today they called the wrong guy, They told me I was being recorded so, I recorded them on my Droid, uploaded the conversation to the on the DO Not Call and the Do not mail from the credit bureau. I opted out years ago.
I suggest anyone contacted by these losers use any language with them, do not pay [***], not 1 cent and turn them in. In this economy, this is as bad as a Nigerian scam that our government allows..
The 2nd time, a lady called, same story. Then 3rd time, till the 4th time, I told the person again, my son doesn't live with us, I cannot give his # unless he tells me what the reason he was calling him. He then started an unpleasant tone to me and somewhat threatened me to have my son call him back ASAP. While I talked to him, I studied this company on line and realized that this company is dealing with debts and this call must be related with collection issue. Suddenly I realized that they must look for the wrong person since my my son just enters into college, he has never applied any credit card and I know it for a fact. He sounded impatiently and swept me off when I told him this statement and furthermore, he demanded me to have my son to call him immediately. I repeated my words, sir, my son is only 18, he has no credit card, are you sure you are looking for the same person ??? My words seemed to wake him up and I repeated again my son is ONLY 18, are you sure your database showing the person you shall look for is 18 ??? He must realize he look for the wrong person at that moment.Gosh ! How can such a company threatens people without properly verifying who they are looking for ?