My mother apparently took out a credit card using my social security number.
But I can't prove it.
This collection agency bought the debt.
Called me.
Insist they sent me a 30 day letter.
Told me they aren't 3rd party collections and aren't bound by the FDCPA.
They sent a letter to a wrong address but somehow have the correct phone number.
Told me I have 24 hours to re-contact them or will have legal action.
...yet didn't give me a call back number.
WTF is going on?
Posted by Scott R (Member # 567) on :
Document everything.
Posted by mackillian (Member # 586) on :
They told me to get an attorney.
Posted by katharina (Member # 827) on :
Then why are you asking?
Posted by mackillian (Member # 586) on :
Because this doesn't sound right, that's why. It's a common tactic but sounds off. And I'm supposed to be able to get it in writing before any action.
Posted by Space Opera (Member # 6504) on :
You can at least call an attorney and explain the situation. They can then tell you if you need them or not.
space opera
Posted by fugu13 (Member # 2859) on :
Sounds like pretty typical strong-arm actions. As was said, document everything, notify the credit agencies you dispute the debt, and I'd suggest making complaints with the AG's office and BBB in your state and if you can find the state they do business in.
Posted by rubble (Member # 6454) on :
Could be legit but it sure sounds like a scam to me. The "Get an attorney" sounds like extra pressure.
Every time I've been collected on I've been notified by mail with sufficient time to clear up any misunderstanding and debt prior to it coming close to "Get a lawyer".
Please don't take this as legal advice. It is just my personal experience.
Posted by Scott R (Member # 567) on :
It's been a while-- I was a skip tracer for a year and a half-- but I think everyone is bound to FDCPA (fair debt collection practices act).
What's the name of the company? Request that they send the letter again, and send them a letter explaining the circumstances. Make copies of everything.
The bad thing is that this could be tied to your credit report through your SSN, I think. Can you prove ID theft?
Posted by Scott R (Member # 567) on :
The more I look at the circumstances the more I think this is shady, Mack.
Anyway, it's not like you CAN contact them-- they didn't leave a number. Just make sure that you document every thing you've done.
Posted by Shigosei (Member # 3831) on :
You might also think about calling one of the major credit reporting companies (Experian, Equifax, or Trans Union) and having a security flag put on your file. Apparently, they'll ask for additional information when you apply for credit cards and will also send you a free credit report so you can check for fraudulent activity.
Posted by Mrs.M (Member # 2943) on :
There's a lot of good advice already on this thread. I agree that this sounds shady and that you need to document everything. The best way to do that is to type up an account of the entire situation and have it notarized.
Here's what the FTC (Federal Trade Commission) recommends that you do in the case of identity theft:
quote:If you think your identity has been stolen, here's what to do now:
Contact the fraud departments of any one of the three major credit bureaus ( www.consumer.gov/idtheft/recovering_idt.html#9 )to place a fraud alert on your credit file. The fraud alert requests creditors to contact you before opening any new accounts or making any changes to your existing accounts. As soon as the credit bureau confirms your fraud alert, the other two credit bureaus will be automatically notified to place fraud alerts, and all three credit reports will be sent to you free of charge.
Close the accounts that you know or believe have been tampered with or opened fraudulently. Use the ID Theft Affidavit ( www.ftc.gov/bcp/conline/pubs/credit/affidavit.pdf ) when disputing new unauthorized accounts.
File a police report. Get a copy of the report to submit to your creditors and others that may require proof of the crime.
File your complaint with the FTC ( https://rn.ftc.gov/pls/dod/widtpubl$.startup?Z_ORG_CODE=PU03 ). The FTC maintains a database of identity theft cases used by law enforcement agencies for investigations. Filing a complaint also helps us learn more about identity theft and the problems victims are having so that we can better assist you.
Have them send you stuff in writing only! Conduct NO business over the phone. Then, when you get it in the mail, go to the USPS and turn them in for mail fraud.
Chances are, you'll never get anything in writing. But if you do, you'll have the documentation you need to see if this is real or not.
Also, the idea of contacting the three major credit reporting bureaus is a good one. Put a FRAUD ALERT on your credit report. It will stop these people from actually using your personal information to get credit cards, if that's what they're really trying to do. And that's what it does sound like!
If you are getting harrassed, call an attorney, but also contact the Better Business Bureau (probably useless) and maybe your State Attorney's Office (probably NOT useless).
Posted by mackillian (Member # 586) on :
Okay. Good. I'm also thinking of getting an unlisted phone number and caller ID. Or at least caller ID.
*sigh*
And I'm sure it's my mother who did this. The address they stated was from when I was in school.
![[Frown]](frown.gif)