Collectors for other people...recourse?

[flyinbroke]

Just got my nightly recorded phone call from Wells Fargo. Apparently still trying to reach a woman who had this number years ago; don't know what the issue is because I Googled her and found her new number (so the skiptracers suck lol.) She is obviously not hiding. Also had calls hang up who turned out to be from our friends at Asset Acceptance.

Do any legal eagles know if the FDCPA or other rules apply to OCs and CAs calling the wrong person incessantly? I spoke with one atty who rushed me off the phone because there is no recourse for this. I find that hard to believe.

[Dst1]

There is legal recourse. It's harassment. However, I'm not aware the FDCPA applies. You might look at your states stalking laws, for example.

This is one case where I might actually answer the phone and explain to them simply that they have the wrong number. If that doesn't work send them a letter.

[flyinbroke]

Oh, I have told them, repeatedly. THey usually apologize, get off the phone and call again the next day. Wells fargo is using automateds that make you call them. Big PITA.

I know in TX the laws apply to OC as well as CA. May have to fire off a letter to them telling them that Mary doesn't live here. And if I can find her a la Google, so can they.

[dscurlock]

The number you found could also be an old number. did you call her?
They be doing the same thing..maybe they found the number also,
called it, wrong number...so they continue to call on their list just
hoping one day you will fess up...stop lying..you know you are mary

M-A-R-Y had a L-I-T-T-L-E lamb...

until

collections took the lamb away..

and ate it for lunch...

M-A-R-Y no longer had a L-I-T-T-L-E lamb...

M-A-R-Y had to settle for BK

cuz

that is all she could afford....

[sofarsogood2]

I believe they can only call you one more time after you inform them that they have the wrong number- read that somewhere in my travels.

I kind of believe that's true because a ceditor has been calling my minor child's phone EVERY day at 8:30 am. The child knows to ignore it , but it finally ticked me off enough to call them. It was Cap One (which I have never had an account with). I didn't even give them a chance to tell me who they were looking for before I gave them a piece of my mind. The woman agreed to remove the # from their list (we'll see) but said that the child may receive 1 more phone call to verify. I said fine, but I'll consider it stalking a minor child and as a concerned parent, would have to report that to local authorities and the AG.
I got a feeling it ain't over yet....*sigh*

[flyinbroke]

It isn't. WF mortgage has been hounding me about Mary. I live in an apartment and never qualified for a mortgage ever. Thus I don't owe on one. I had calls for Chase, who eventually gave up after I told them I had a Chase card on file and this number was tied to it. I have gotten a CA call a few times when I wasn't home. Finally answered, the man was nice and apparently removed me since they have not called back. Got a few from ASSet Acceptance but not home. They don't leave messages.

And I have her old number. I told most of them I have had this number for 18 months, when I moved to this city the phone co. gave it to me. I have no idea who she is. SO now people don't call, the robos do.

I live in TX so I am sure there are laws but one lawyer said I could not get them on harassment because I was not the debtor. This makes no sense to me.

[dscurlock]

I live in TX so I am sure there are laws but one lawyer said I could not get them on harassment because I was not the debtor. This makes no sense to me.

It does make sense..in a way they are not harrassing you, they are just
trying to get to the person that owes them money, you just happen
to be in their mary way

for a few bucks, you can always change your number, and have it not listed.

[flyinbroke]

Bah-dah, bum.

But it is harassment, even if I am not the person they are seeking the incessant calling is exactly that. I told one collector that I understood his skepticism (I think it was CHase) and he laughed. He admitted he hears about people saying they are not them all the time. While I assume anything out of a CA's mouth is a lie, I do believe him on this score.

I always admit who I am...and tell them I have no spare moolah. Nothing to sell on CL or FeeBay, no rich relatives, can't do most medical research, don't want to sell crack, and have a job where I MAY see a raise once a decade and the way this economy is going, never again...all the while rent went up 10 percent, insurance went up 40 percent (thanks for all those CLDs, BoA) and food and gas are heading up too.

[catleg]

I was going to suggest sending a C&D on the debtors behalf...but you probably wouldn't be able to get them to give you enough identifying info to make it stick. Or can you just send a letter to a creditor "stop calling me at xxx-xxx-xxxx signed concerned citizen"?

[frogger]

We can complain until we're blue in the face, but no one cares. Unless there are massive problems or violations, the gubmint is not even going to look at your complaint. The collection agencies are not going to stop calling because so many people lie to them.

If they won't stop calling, the best thing to do is to answer and talk to them. And talk, and talk, and talk. Tie them up for as long as you can and give them nothing. Waste their time just as they waste yours.

[flyinbroke]

I told one "if I can find her on Google, then YOU can find her on Google. You will find the numbers do NOT match. Thankskbye."

Not like the woman is hiding...they left her address on one recording and I looked her up in property records. She does pay her taxes and gets the over 65 homesteading which means no school taxes.

If I can find all this with no special authorization, or paying fees a skiptracer who is getting paid to do it can.