Question:
I have been getting several phone calls from Capital One in relation to
the collection of an delinquent unsecured credit card debt. The only
problem is... it's not even my account nor is it on my credit bureau .
Collectors ask for the name of "Chris" when I answer. That is not my
name. Over the course of 2 months, I have been called 2-3 times daily.
I have asked the representatives to document the account they are
calling on behalf of that the phone number is not valid. I have even
requested to speak to a manager, which the representatives are
blatantly reluctant to do. The "managers" tell me that they are
removing the number from the dialer but the phone calls continue!! One
even went as far as to tell me, "well, you know our number by now, just
don't answer when we call so you don't use up your cell phone minutes."
WOW, now that's an insightful solution. I am also advised that the
removal of my phone number will take 2-3 days. A month has passed
since the conversation regarding the "removal" of my phone number and
since I have started receiving phone calls from NCO, which is a method
Capital One uses to outsource their collection efforts.
In looking at the time frames and frequency of the calls, and since I
do not have any clue about the account Capital One keeps calling me
about, I assume the person "Chris" is about 30-60 days delinquent. I
know that creditors typically keep calling up until the account is
charged off (about 180 days delinquent). I DO NOT WANT TO KEEP GETTING
THESE CALLS FOR MONTHS!
Does anyone have any suggestions regarding a course of action to take
or a phone number to call Capital One at (like an advocate office)
where I can speak to a real person who can expedite a resolution to my
problem?
Answer:
You have tried talking to real people. Here's a better plan:
1. Write a businesslike letter to Capital One and to the collection agency
(two addressees in the same letter) setting out your facts as you presented
them here. Keep it simple, don't try to persuade them of the truth of what
you are telling them. The purpose of this letter is to set out the facts,
not prove them. Keep it courteous. The last paragraph of the letter should
say: "Do not contact me again in any way." One page should be plenty.
2. Send the letter to both addressees. Use Certified Mail, Return Receipt
Requested. Keep a copy of the letter. Keep the return receipt and the
mailing receipt. Don't send the original of any documentary evidence.
3. After that, if they ever contact you again in writing, you have two
options. One plan is to send them a copy of the original letter, with a
nice cover letter. One sentence is enough - don't reiterate. Keep track of
each occasion. Keep a copy of your new letter. Certified Mail, Return
Receipt. Obviously, save every letter they send to you. The second plan is
to skip to step 5, below.
4. Every time the collection agency contacts you by phone, tell them you
won't discuss it by phone and hang up, with no discussion. Do not invite
them to send you a letter. Don't tell them to quit harassing you, other
than in your first letter. Keep track of every instance.
5. If the harassment doesn't stop, take all of the correspondence to an
attorney experienced in actions under the Fair Debt Collection Practices
act. Contacting you after you have told them not to (except by suing you)
is a violation of the FDCPA. An action against them under that act could
result in (a) a payment by the defendant to you, (b) payment by the
defendant of your legal fees, and (c) an end of any further calls to you.
6. If they ever sue you on the original alleged debt, you will win if the
facts are provable as you stated them. Hire and attorney at that time to
defend. The attorney will evaluate whether you have, at that time, any
claim against the collection agency under the FDCPA. Even the complaint
itself could contain violations of the FDCPA.
7. If anybody reports this debt to a credit reporting agency, lets us know.
It's too early to advise on what to do about it, because there are many
possible ways the future may turn out.
This answer must not be relied on as legal advice for the reasons posted
here: http://mcgyverdisclaimer.blogspot.com . And I am not your attorney.
