I received a phone call Monday (1/19) from a CA and I'm not sure what to do about this situation so I'm hoping if I go over the phone call I'll get some help about what I need to do first. A woman named Christen said she was calling from Portfolio Recovery Associates about an AT & T card with a balance of 4k plus (I didn't note the exact amount--I don't have that kind of cash so it's all a big number to me!). I told her I don't have that kind of cash, I don't know what she's talking about and I would never pay something like that over the phone anyway so they'd need to send me a letter. She then rattled off an address and I let her know that wasn't my address. She provided a second address and I let her know that also wasn't my address. She then said she was looking at my credit report so she knew that was my address. I told her that wasn't my address but I'd be happy to provide her my current address so they could send me a letter. She says they won't send me a letter and I tell her I know that they have to send me something in writing if I request it. She then says they will a letter to the address they have on file (not mine) and will call me every day till I pay them. I again say it's not my address so anything they send I won't get--she says that the address they have on file was given to them by me in Dec. I let her know that's not possible and that I have detailed cell phone records and can prove they didn't speak to me in December. She says the address is on my credit report so if it's wrong I'm lying to people. I tell her that isn't my address and that I just recently had someone else calling about a debt that wasn't mine so I know it happens. She's yelling at this point and I'm yelling right back that I want her to note my new address in their files. She says she won't update my info but she'll put her manager on. The manager comes on the phone and we have a similar conversation (minus the yelling). She does tell me that the card was obtained 10/6/95 and the last payment was 2/00. She also asks for my social security number which I refuse to provide. She keeps asking why I won't verify who I am (by giving my ssn) and I told her that they obviously think they have the right person so they can have the right address to go with it. (I have no idea if it's a valid concern or not, but I have no recollection of this debt and can't imagine how I could have possibly run up a 4k plus phone bill! I wasn't comfy giving them anything they could add to their files that would further identify me). She then says if the debt isn't mine, why do I want a letter. I tell her I don't know anything about this debt but there's no way in hell I'd pay anything without knowing for certain so they can send me a letter with details and I'll determine if it's accurate or not. She responds by saying, "so this is your debt and you just want a letter?" I again try to explain that I know nothing about this and I'm not going to provide them any info except my address so they can send me a letter regarding the matter. At this point, she says that she is ending the call. I ask for her name and she refuses to tell me. I again tell her that I want my address updated in their files and she refuses. She says that she's ending the call and I again say I want her name and I want her to note in their file my new address. The line is silent but I don't hang up as I'm writing down all that just happened before I forget. I then hear someone clear their throat and I say hello. I recognize the returned greeting as Christen and ask for the manager's name and to have my address updated--she says she isn't speaking to me further and I can look it up if I want to know. She then hangs up on me (for real this time lol). At this point, I'm really ticked off. I honestly can't say with certainty that this is or is not my debt--it was 14 years ago when the card was opened and 9 years since a payment was made according to them. I did have phone cards in college so opening a card in '95 is certainly possible. But there is simply no way I could have racked up a $4000 bill--no way. I had long-distance in my dorm and later at my apt so I very very rarely used calling cards (this was before everyone had cell phones though so I know I had a calling card just in case). I am in West Virginia and I believe the SOL is 5 years which means this is definitely well past that. However, I really don't want harrassing phone calls and while I don't know if this is on my credit report I certainly don't want it on there! Please advise! Any help would be greatly appreciated.
First of all, it may not be a phone bill. AT&T has a credit card called the AT&T Universal Card. It's a MasterCard, so you can use it for anything. But you are past the statute of limitations. I'd be worried about them filing suit against you and getting a default judgment. Are the addresses they had for you in the area where you live? Keep an eye on the courts for any actions against you.
I just assumed it was a phone card when they said AT & T, they didn't specify and I didn't ask. I don't recall having an AT & T credit card either though so either way it's not a debt I recognize. To be fair though, I did have a number of credit cards in college so it's possible. The addresses they listed are for my area--is there any way I can force them to acknowledge my address? I assume I can find their address online (they did provide their telephone number). Should I bother asking them to validate the debt knowing that it's out of SOL? Or just wait to see if they do anything? I admit I'm a little worried about not knowing I'm being sued and them winning when it shouldn't ever get that far! They haven't called me since Monday so at least they aren't making good on their daily phone call threat!
Send them a letter asking for info on the account,so you can check your files,as you want this matter resolved,never say pay or hint at a settlement. 1.pull your credit reports and delete any old address's 2.in your letter tell tnem it is inconventen to call at any time on any phone 3.everything should be done by mail. 4.keep checking your local courts for any filings 5.don't talk to them!!!!!!!!!!!!!!!!!!
I will have to get my credit reports to see if this is on there, I currently don't have them. I'm a little ashamed to say this here, but I haven't looked at my credit in years. I don't know the last time I used a credit card but I know it was prior to 2001. This is definitely something I need to correct!
Well, if they don't want to break the law, they have to send you a letter that outlines your rights under the FDCPA within 5-days of initial contact. If not, there's one violation. Yelling and berating is another, but unless you recorded it, that wouldn't stand up under much scrutiny. So wait until next week to see if they send anything (of course it'll go to the wrong address, but that's not your problem). Then see if they are reporting this on your credit report. If so, that will have their address. Send them a letter (CMRRR) that says: a) that you dispute this debt in its entirety b) you would like verification pursuant to the FDCPA. c) that it is inconvenient for you to take telephone calls about this debt at any time at any number. d) to please communicate in writing by US Mail and include your address. (note for (c), you must use the words "it is inconvenient"). That should give you your rights under the FDCPA, at least. The next time they call and you don't feel like talking to them, just ask them if this call is being recorded. Then ask them if they would mind if you also recorded it. (chances are, they'll hang up right there). Don't let them bully you over an out-of-statute debt.
jj and cc give good advice. But I would change one element. Just don't let them bully for anything. Also, remember that the clock for timely validation as per the FDCPA starts to tick when YOU receive their letter, not when they send it.
