About ten years ago I first received a statement from a collection agency about unpaid student loans.?
The person owing the debt has a name very, very similar to mine. But I am not that person and I do not owe the debt. This person has been able apparently to skip paying perhaps because the collection agencies do not ever actually contact the person. In cycles I get phone calls from nasty debt collectors. I give them the information I have about the person they need to contact. I’ve written letters to collection agencies. I’ve contacted my state’s attorney general. Now tonight I have gotten another call from a past collection agency trying again. After at least ten years, wouldn’t you think they would get the message that they have the wrong information? I don’t think this can be called identity theft because they have the debtor’s name and social security number. They do not have mine. What can I do to stop these people from calling me?
Send them the following letter. Hope it helps.
Today’s Date
Your Name
Your Address
Collector’s Name
Collector’s Address
Mr./Ms. Collector,
I am writing in response to your constant phone calls that are in violation of the Fair Debt Collection Practices Act, specifically:
804(3) – Acquisition of Location Information (15 USC 1692b): Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information.
806(5) – Harassment or Abuse (15 USC 1692d): A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. The following conduct is a violation of this section; “Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number.”
I have informed you on several occasions that the consumer you are trying to contact does not live at my address, is not associated with my phone number and that I have no additional location information to provide you. Therefore, in accordance with section 804(3), I demand that you stop calling me at home, at work, on my cell phone or at any other location!
Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me, I will consider your actions in violation of section 806(5) and pursue all available legal actions to stop you from harassing my family and me.
Signature
Your Printed Name
