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    What would you DO???

    Here's the situation Allied Interstate collections have started calling
    the son of the Father whose debt it is. The father is disabled and in a nursing home so since that can't locate him they picked the son's name out of a phone
    book. Due to the fact they are Sr. and Jr. They are now calling about every day.
    By the way its old CC debt years ago.
    What would happen if they decide to take the debt to court. Altho son
    once talked to them and informed them its not his debt and they asked
    well isn't this your Social security number..They were told "No" it is not.
    that has not stopped them from calling.

    What can be done to stop their calling??? It's my understanding this is one of the nasty collectors and that they have been sued in different states.
    Thanks for any answers

    Alley

    #2
    Have son send them a very firm cease & desist letter, advising them who he's NOT. " The debt is NOT mine" - don't play games, don't speak on the phone, just tell them to go away and to immediately cease calling, mailing,, and any/all attempts to collect from him. Send the letter CMRR and keep a paper trail. Don't play games with them, don't answer their calls, and don't make deals.

    Comment


      #3
      Dittos to PoorMe's comments.

      Send them a Cease and Desist letter ASAP. Send it Certified, Registered Mail. Make them sign for it that they have received the letter. CYA yourself with a paper trail.

      Don't talk to them. The more you talk, the more likely you are to give info you don't even realize you're giving.

      There's a good sample C&D letter in Post #7 of this Thread:

      http://www.bankruptcyforum.com/showt...t=cease+desist
      Filed Ch 7 - 09/06
      Discharged - 12/2006
      Officially Declared No Asset - 03/2007
      Closed - 04/2007

      I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

      Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

      Comment


        #4
        The son has absolutely nothing to worry about. The debt is not under his social security number. It certainly is an aggravation. Simply send a letter to the appropriate agency telling them that they are contacting the wrong person for collection.

        Unfortunately, it's common for collectors to contact people with the same last name to try to collect a debt. Given that they have the exact same name increases this likelihood.

        Comment


          #5
          I agree with everyone, and even went through this same problem with my brothers long ago debt. Send them a C&D form immediately(keep a copy). They are in violation of the FDCPA. One thing by them reading that man's SS number to someone not him and discussing the debt with them....oh that's a big NO-NO. Should they call again after you do this, let them know they are in violation and you will be reporting them.

          Can Collectors contact my family, friends or work-place?
          "Try to save money. Someday it may be valuable again." - Anonymous

          Comment


            #6
            Originally posted by alley View Post
            Here's the situation Allied Interstate collections have started calling
            the son of the Father whose debt it is. The father is disabled and in a nursing home so since that can't locate him they picked the son's name out of a phone
            book. Due to the fact they are Sr. and Jr. They are now calling about every day.
            By the way its old CC debt years ago.
            What would happen if they decide to take the debt to court. Altho son
            once talked to them and informed them its not his debt and they asked
            well isn't this your Social security number..They were told "No" it is not.
            that has not stopped them from calling.

            What can be done to stop their calling??? It's my understanding this is one of the nasty collectors and that they have been sued in different states.
            Thanks for any answers

            Alley
            Good Luck..I had Allied on my BK, and they were the worse!!! They kept calling and I had my lawyer finally call them and tell them to stop cause they violated the discharge.
            Send them a letter, and note the date and see if they follow up. Since they don't have the correct ss# they really can't do anything to your credit. but make sure you do the letter, and if they keep calling call the police for harassment.

            Comment


              #7
              Don't call the police for harrassment, they will not and cannot help you on this. If after being told to not call you again, AND you send the C&D letter, should they contact you again, simply write down the day and time (you should be doing this everytime they call), give them one last verbal warning nicely then hang up. Immediately go here http://www.ftc.gov/ which is the Federal Trade Commission, at the top you will see "File a Complaint" click it and give the information. Always report collection agencies to the FTC for violation of the FDCPA.
              "Try to save money. Someday it may be valuable again." - Anonymous

              Comment

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