Question:
Out of a clear blue sky, I was contacted today by a
collection agency who allegedly purchased an account from
some bank. This account is not mine, and when I first
saw it on my credit report over 5 (FIVE) years ago, I worked
with a lawyer and determined that it was not a bank error but
an account that had been opened fraudulently, using my name,
my social security number, even my date of birth, but never
my phone number or address. That would explain why I had
*never* heard from this bank, either my mail or by phone,
even after the account had gone into charge-off status.
I filed the appropriate Affidavit of Fraud paperwork over
FOUR years ago. The account disappeared from my credit
report, and I never heard squat about it again. Until now.
This agency claims to have purchased the account from this
bank and are responsible for collecting on it. They claim
that the bank provided them no Affidavit of Fraud paperwork
when the account was purchased. I talked with the rep and
calmly explained where things stood (above). He put me on
hold for about 15 minutes, then the "manager" of this collection
agency came on. He was the rudest person I have ever talked
to. He wouldn't even let me finish a complete sentence. He
used foul language, and basically said that he didn't care
where things stand, he was "either gonna collect or sue my
ass, take your choice. It's your name, it's your identification,
so of course it's you". (quote). I finally hung up on him.
Do I have any recourse? Despite the fact that this account
doesn't even belong to me, don't these people at least have
to be civil? About a year ago, after the Affidavit of Fraud
paperwork had been in place for over 3 years and I hadn't
heard a thing, I threw it out -- I thought it was over and
done with. Also (if it makes a difference), the "date of
last activity" on this account is well over EIGHT YEARS ago.
(Presumably from whoever opened the account, because I never
made any payment on it -- I wasn't even *aware* of it until
it was already in charge-off status). Isn't there some kind
of "statute of limitations" on this?
Answer:
To answer your questions (and post on point) yes, there are several
things you can do.
Let me first say that I speak with some experience as I used to work
in collections (alas!) some time ago.
You have two possible options: 1) just get the idiots off your back,
2) sue the shit out of the idiots and drive the nails into the coffin.
Your possible options are as follows (number marks what is most likely
to be achieved):
1) I suggest that you write a letter to the agency in your state that
regulates collections. In most instances, that agency is either a
Commerce agency or an insurance and banking agency. Write them a
letter basically re-articulating everything you have said here. That
should provoke some sort of response from the state agency and they
will send a letter to the collections people. In most instances, as
soon as they get the state letter they will close your account out and
file a pro-forma response with the state.
1) You write a letter to the bank and call the bank and tell them how
upset you are about the whole matter. They will usually tell the
agency to cool it as they don't like getting calls and letters telling
them how screwed up they are.
2) Get a lawyer - tell him what happened. From what you describe,
there are undoubtledly some violations of the law. I won't go into
which laws (to avoid giving legal advice) but your rights seem to have
been violated. Collectors are not allowed to call and use foul
language, or threaten you with actions they cannot take. Both sound
like they happened to you. Your lawyer can help you get the requisite
action and perhaps your lawyer can just "shake'm down" and get a
little money from the tree. Who knows.
