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:
Since trying to carry out an intelligent telephone conversation
clearly isn't going to work, write them a letter. Briefly explain the
circumstances, and enclose a copy of the affidavit of fraud. Tell them
that, in accordance with the Fair Debt Collection Practices Act, you are
telling them to stop all contact with you.
Also send a letter to the bank that the problem account originally
came from. Include a copy of everything you sent to the collection agency.
You may want to revisit the manager's conduct in a bit more detail in your
letter to the bank.
If you do this, the collection agency can only legally contact you to
notify you of a suit or other action, or to tell you that you will no longer
be contacted.
(Disclaimer: Not legal advice. If the amount in question is large,
an attorney might be an excellent choice right about now.)
