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Duchess Jack

I need a hand...

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I just rec'd a call from someone pretending to be a collections company.

 

They said that I owe homedepot $400+

 

They wanted to know how I intend to pay for it.

 

I told them - that I have no idea what they are talking about - that I need to talk to the Wench and they can call back at another time.

 

Spoke to the Wench and sure enough - no homedepot credit card. Further - we make it a point not to carry a balance on any of our cards.

 

So - I called Homedepot - they did not have me under my social, name, new address old address, new telephone number, old telephone number or the Wenches name.

 

I have this places no. on my caller ID - and I want to give them hell - but I know it would mean telling them info so they can pull me up in their 'records'

 

They said that they would call back Thursday evening.

 

Home Depot said that even if it was a really old charge that they would have me on the PC which they do not They suggested that I check my credit rating...

 

blah. Any thoughts.

 

I fokking hate people. I really do. You know...I'm just sitting hear minding my own business and some predator comes and tries to pull this shat. Grrrr :D

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I just rec'd a call from someone pretending to be a collections company. 

 

They said that I owe homedepot $400+

 

They wanted to know how I intend to pay for it. 

 

I told them - that I have no idea what they are talking about - that I need to talk to the Wench and they can call back at another time.

 

Spoke to the Wench and sure enough - no homedepot credit card.  Further - we make it a point not to carry a balance on any of our cards.

 

So - I called Homedepot - they did not have me under my social, name, new address old address, new telephone number, old telephone number or the Wenches name. 

 

I have this places no. on my caller ID - and I want to give them hell - but I know it would mean telling them info so they can pull me up in their 'records'

 

They said that they would call back Thursday evening.

 

Home Depot said that even if it was a really old charge that they would have me on the PC which they do not  They suggested that I check my credit rating...

 

blah.  Any thoughts. 

 

I fokking hate people.  I really do.  You know...I'm just sitting hear minding my own business and some predator comes and tries to pull this shat.  Grrrr  :D

 

1285773[/snapback]

 

 

 

It could be possible that someone with the same name has an outstanding balance and this collection agency happened to find your name in a listing. I had a similar issue a few years back with a collection agency that said I owed them over 2K for ambulance fees. It turned out that they had the wrong person but the right name. As long as they don't have your SS# and other personal info then you should be OK as far as fraud issues.

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Check your credit report immediately just to make sure it is correct.

Edited by spain

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Fraud :D

 

Contact the "Big 3" credit reporting agencies and ask to be put on "Fraud Alert" explaining what happened. This will help prevent crooks from obtaining credit under your name (they would need additional verification from you before accepting any credit application) and help you along the way if they pulled anything else pretending to be you.

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Wait for the phone call Thursday night and tape record every word of the conversation. Keep them on the phone as long as possible and ask them as many questions as you can that might lead to their identity/location. At the end of the phone call, make it sound as if someone is taking a huge crap in a bathroom stall next to you, then pretend to flush your phone down the toilet.

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Check your credit report immediately just to make sure it is correct.

 

1285783[/snapback]

 

 

 

Yeah... I might as well.

 

I will have to find some respectable place to do so.

 

All the credit report places seem like scams to me as well.

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i use equifax after someone stole some blank cc checks out of my mailbox....

 

you get an email everytime someone checks your credit or a new account is opened under your name and ss#

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i use equifax after someone stole some blank cc checks out of my mailbox....

 

you get an email everytime someone checks your credit or a new account is opened under your name and ss#

 

1285796[/snapback]

 

 

 

hmmm, that sounds like a plan.

 

Cost much?

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From the Fair Debt Collection Practices Act:

 

§ 805. Communication in connection with debt collection [15 USC 1692c]

 

 

. . .

 

 

 

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

 

(1) to advise the consumer that the debt collector's further efforts are being terminated;

 

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

 

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

 

 

 

. . .

 

 

 

 

 

809. Validation of debts [15 USC 1692g]

 

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

 

(1) the amount of the debt;

 

(2) the name of the creditor to whom the debt is owed;

 

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

 

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

 

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

 

b:) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

 

c) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

 

__________

 

You should google the Act. Its pretty short.

 

Do not under any circumstance do anything that could be construed as an admission of the debt.

Edited by Furd

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Yeah... I might as well. 

 

I will have to find some respectable place to do so. 

 

All the credit report places seem like scams to me as well.

 

1285790[/snapback]

 

 

 

You are entitled by law to receive one free credit report from each of the big 3 companies (Equifax, Experian, and Trans-Union) once a year. You should be able to just e-mail them or send them a quick letter requesting it, and they have to send you one.

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hmmm, that sounds like a plan. 

 

Cost much?

 

1285799[/snapback]

 

 

 

 

like 10 bucks a month

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From the Fair Debt Collection Practices Act:

 

§ 805.  Communication in connection with debt collection  [15 USC 1692c]

 

 

. . .

 

 

 

© CEASING COMMUNICATION.  If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

 

(1) to advise the consumer that the debt collector's further efforts are being terminated;

 

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

 

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

 

. . .

 

 

809.  Validation of debts  [15 USC 1692g]

 

(a) Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing --

 

(1) the amount of the debt;

 

(2) the name of the creditor to whom the debt is owed;

 

(3) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

 

(4) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

 

(5) a statement that, upon the consumer's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.

 

(:D If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

 

C) The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer.

 

__________

 

You should google the Act.  Its pretty short.

 

Do not under any circumstance do anythin that could be construed as an admission of the debt.

 

1285806[/snapback]

 

 

 

I will read this to them....

 

Thanks everyone.

 

Sucks having to worry about something when you haven't done something wrong. Like there isn't enough BS in life without it.

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You are entitled by law to receive one free credit report from each of the big 3 companies (Equifax, Experian, and Trans-Union) once a year. You should be able to just e-mail them or send them a quick letter requesting it, and they have to send you one.

 

1285808[/snapback]

 

 

 

Here, check this link:

http://www.ftc.gov/bcp/conline/pubs/credit/freereports.htm

 

It's from the Federal Trade Commission, check the section right towards the top of the page, it contains embedded hotlinks to the info. you need.

Q: How do I order my free report?

 

A: The three nationwide consumer reporting companies have set up a central website, a toll-free telephone number, and a mailing address through which you can order your free annual report. To order, click on annualcreditreport.com, call 1-877-322-8228, or complete the Annual Credit Report Request Form and mail it to: Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. The form is on the back of this brochure; or you can print it from ftc.gov/credit. Do not contact the three nationwide consumer reporting companies individually. They are providing free annual credit reports only through annualcreditreport.com, 1-877-322-8228, and Annual Credit Report Request Service, P.O. Box 105281, Atlanta, GA 30348-5281. You may order your reports from each of the three nationwide consumer reporting companies at the same time, or you can order your report from each of the companies one at a time. The law allows you to order one free copy of your report from each of the nationwide consumer reporting companies every 12 months.

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If they call back:

 

1) Ask them for the name and address of the company on behalf of which they are calling;

 

2) Deny the debt;

 

3) Demand that they send you a written notice.

 

I can e-mail a form of a letter to use if you like. Even the crooked debt collection agencies follow the Act when faced with someone who knows it.

 

In the event that they are just mistaken about the debt, you need to treat it as the real thing. You don't want to have to clean up your credit report.

Edited by Furd

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Keep us informed, that sucks!

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Might not be fraud. Could be "identity confusion," which is where someone owes a debt and debt collectors go after anyone and everyone with a similar name hoping to smoke the dead beat out.

 

I went through this on behalf of the Mrs. a while ago and help Polk out with some serious tips. You might want to see if that thread is archived.

 

First, you don't have to do squat until your receive a written demand letter. You don't have to talk to them, give them any info, pay money (even if you did owe the debt), etc.

 

Second, the FDCPA proscribes strict rules for how and when you can be contacted. Knowing those rules are key, because if the debt collector violates them you can report them to the Federal Trade Commissioner via the FTC's website. Depending on the number and seriousness of the infraction, you can actually sue the debt collector for damages.

 

Third, you can protect yourself by writing a "cease and desist letter" in response to the written demand letter (once you get it). Basically, it puts the ball back into their court. If THEY can't prove you owe the money, they've got to leave you alone. (Nail them with the paragraph above if they step out of line).

 

Fourth, if you want to be proactive in convincing the debt collector they are barking up the wrong tree, get enough info from the debt collector about who, how much, when, etc., so that you can call Home Depot's debt collection branch (or whatever it is called) and ask them to confirm that you aren't the person they are looking for. If Home Depot agrees you aren't the person they are after, do two things: (1) ask them to write you a letter saying so, which is your bullet proof vest when dealing with the scum bag debt collectors; and (2) get them to agree to contact the debt collector and get them off your back.

 

PM me if you need more info, or a sample cease and desist letter. I've ripped these clowns a new one in the past and would be happy to help anyone do the same. If you're really lucky, the azz-holes are a "captive" law firm working within a larger debt collection agency. If that's the case, you can get them in trouble with their state bar associations for violations of federal law (eg, FDCPA). It's easy to file those kids of complaints.

 

If you want to take these clowns to task, it will probably be time-consuming. However, there is nothing more satisfying than nailing one of these scum bag's greasy hides to the wall.

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i doubt it's fraud if they're hanging up and calling you back in a few days. it sounds like a serious debt, just probably not yours. explain that to them when they call back, say you called the store, never owed them any money, etc. etc. oh and check your credit report. it's free to sign up with experian, and they only charge you like 10 bucks a month after the first free month (if you just want a free one-time report, sign up then call in a few days to cancel). if nothing shows up, that's just more indication that he's got the wrong guy and you can tell him that.

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This thread should be pinned. Its great info from Furd and Skrappy1.

I should have consulted you about a year ago when some fly-by-night collection was trying to collect on a card my wife paid off in 1987! They claimed we owed it and it took 9 months to get it cleared up, then another 6 to get it off all our credit reports. It absolutly killed her credit and turns out it was bogus the whole time, not to mention the statute of limitations thing. My mistake was "admission" since at the time of the alleged charges, we didnt even now each other and i said to the person on the phone, "ok, i guess it could be true" DING DING DING, they had me at "i guess"

:D

 

good luck DJ :D

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:D

 

1285777[/snapback]

 

 

 

This is actually the first thing that came to my mind when I read the title before I opened and saw what it was about ... :D

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I just rec'd a call from someone pretending to be a collections company. 

 

They said that I owe homedepot $400+

 

They wanted to know how I intend to pay for it. 

 

I told them - that I have no idea what they are talking about - that I need to talk to the Wench and they can call back at another time.

 

Spoke to the Wench and sure enough - no homedepot credit card.  Further - we make it a point not to carry a balance on any of our cards.

 

So - I called Homedepot - they did not have me under my social, name, new address old address, new telephone number, old telephone number or the Wenches name. 

 

I have this places no. on my caller ID - and I want to give them hell - but I know it would mean telling them info so they can pull me up in their 'records'

 

They said that they would call back Thursday evening.

 

Home Depot said that even if it was a really old charge that they would have me on the PC which they do not  They suggested that I check my credit rating...

 

blah.  Any thoughts. 

 

I fokking hate people.  I really do.  You know...I'm just sitting hear minding my own business and some predator comes and tries to pull this shat.  Grrrr  :D

 

1285773[/snapback]

 

 

 

 

Here’s an update: There’s no record of a Home Depot credit card in our credit history and all of our accounts are in good standing. There are also no collections on file.

 

I’m curious as to whether they’ll call back on Thursday. If they do we’ll be armed with the questions you all suggested.

 

Thanks guys, you’ve helped us gain peace of mind.

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