So what should I do with this guy? "A matter that requires you to contact me"

[gnarlywood]

Well, I opted back in recently and my phone has started to light up just in time for Christmas! (See my ERS thread.)

 

I don't have any debts that are within SOL (3 yrs)... in fact, I don't have any bad-standing debt that is young enough to appear on my CRs.

 

I got a call from a NY state number (716) that doesn't return on Google. The 877 number provided also does not return, so I have no way of contacting them without actually talking to them.

 

The guy said my name, said "This is Vance [something], I'm with Mr. Bauer's office. I've got a matter here that requires you to contact me..." He left an 877 number and a "file number" that I would "need" when I called. No mini-miranda, definitely no identification as a debt collector. Google has nothing when I search any combo of names, numbers, etc.

 

Should I call back, shoot the bull, get an address to "send a MO to", and full C&D them, too? I'm thinking with this and the ERS calls maybe a trip to file in small claims is worth my time.

[MadAsHell2]

Here is an alternative to calling them and going through the FOAD letter route:

I recently bought this Panasonic DECT 6.0 Expandable Cordless Telephone system and it includes a call screening, caller ID and a blocking feature built in.

http://www.amazon.co...T/dp/B001ZSGEMY I'm pretty sure you can buy these as a single handset also.

 

You can also set it to use different ring tones so you can tell when an incoming call is from a friend or an unknown caller, or a trouble maker like Vance from Mr. Bauer's office.

Edited December 16, 2010 by MadAsHell2

[gnarlywood]

I believe i found who this call is from. I got hit with a hard inq on TU in early November from "Merchantile Adj Bureau #1" out of Buffalo, NY (per TU). No number listed on my TU CR, but I searched the 716 area code this call came from and it is indeed from Buffalo, NY.

 

http://creditboards.com/forums/index.php?showtopic=452914&st=0&p=4333287&fromsearch=1entry4333287

 

I found a few entries about them via Google search and the method of messaging sounds very similar to my encounter. I never CMRR'd them regarding the non-PP pull, but I'm gonna along with a full C&D now that I have reason enough to believe these are originating from the same place.

 

Here is an alternative to calling them and going through the FOAD letter route:

I recently bought this Panasonic DECT 6.0 Expandable Cordless Telephone system and it includes a call screening, caller ID and a blocking feature built in.

http://www.amazon.co...T/dp/B001ZSGEMY I'm pretty sure you can buy these as a single handset also.

 

You can also set it to use different ring tones so you can tell when an incoming call is from a friend or an unknown caller, or a trouble maker like Vance from Mr. Bauer's office.

 

That would be useful for some, and perhaps me several years ago, but this is my mobile phone they are calling which has recently been reported on my CRs due to recent applications. I don't have a landline! I don't answer numbers that I don't know unless they are a SoCal area code, but I really rarely receive any calls from unknown numbers until very recently.

[Bobbydebt]

I believe i found who this call is from. I got hit with a hard inq on TU in early November from "Merchantile Adj Bureau #1" out of Buffalo, NY (per TU). No number listed on my TU CR, but I searched the 716 area code this call came from and it is indeed from Buffalo, NY.

 

http://creditboards.com/forums/index.php?showtopic=452914&st=0&p=4333287&fromsearch=1entry4333287

 

I found a few entries about them via Google search and the method of messaging sounds very similar to my encounter. I never CMRR'd them regarding the non-PP pull, but I'm gonna along with a full C&D now that I have reason enough to believe these are originating from the same place.

 

Here is an alternative to calling them and going through the FOAD letter route:

I recently bought this Panasonic DECT 6.0 Expandable Cordless Telephone system and it includes a call screening, caller ID and a blocking feature built in.

http://www.amazon.co...T/dp/B001ZSGEMY I'm pretty sure you can buy these as a single handset also.

 

You can also set it to use different ring tones so you can tell when an incoming call is from a friend or an unknown caller, or a trouble maker like Vance from Mr. Bauer's office.

 

That would be useful for some, and perhaps me several years ago, but this is my mobile phone they are calling which has recently been reported on my CRs due to recent applications. I don't have a landline! I don't answer numbers that I don't know unless they are a SoCal area code, but I really rarely receive any calls from unknown numbers until very recently.

 

 

Make sure to add in their TCPA violations since they called your cell with only implied consent, not your express consent. (unless the OC that the debt was incurred with had your express consent to call your cell and it transferred to the debt collector).

Edited December 16, 2010 by Bobbydebt

[gnarlywood]

I believe i found who this call is from. I got hit with a hard inq on TU in early November from "Merchantile Adj Bureau #1" out of Buffalo, NY (per TU). No number listed on my TU CR, but I searched the 716 area code this call came from and it is indeed from Buffalo, NY.

 

http://creditboards.com/forums/index.php?showtopic=452914&st=0&p=4333287&fromsearch=1entry4333287

 

I found a few entries about them via Google search and the method of messaging sounds very similar to my encounter. I never CMRR'd them regarding the non-PP pull, but I'm gonna along with a full C&D now that I have reason enough to believe these are originating from the same place.

 

Here is an alternative to calling them and going through the FOAD letter route:

I recently bought this Panasonic DECT 6.0 Expandable Cordless Telephone system and it includes a call screening, caller ID and a blocking feature built in.

http://www.amazon.co...T/dp/B001ZSGEMY I'm pretty sure you can buy these as a single handset also.

 

You can also set it to use different ring tones so you can tell when an incoming call is from a friend or an unknown caller, or a trouble maker like Vance from Mr. Bauer's office.

 

That would be useful for some, and perhaps me several years ago, but this is my mobile phone they are calling which has recently been reported on my CRs due to recent applications. I don't have a landline! I don't answer numbers that I don't know unless they are a SoCal area code, but I really rarely receive any calls from unknown numbers until very recently.

 

 

Make sure to add in their TCPA violations since they called your cell with only implied consent, not your express consent. (unless the OC that the debt was incurred with had your express consent to call your cell and it transferred to the debt collector).

 

Hmmm interesting. The OC definitely did not have consent to call my cell phone number because I didn't even have a cell phone when whatever debt this JDB holds was incurred. Thanks for your help! YGPM.

[gnarlywood]

I just got another call from the same guy. I can understand his first name but not last name. No worries, he identified himself as "with Merchantile" (Adjustment Bureau) this time, which is perfect because these clowns hard pulled my TU in early November and it did not include a contact number. (I suspected this mentioned above since the area code and the address for the hard are Buffalo, NY.) They've never sent a dunning letter, either. Of course, no mini-miranda this time, no reference to a debt at all, and still calling my cell phone.

 

I'll just hit them hard with a laundry list of violations "subject to lawsuit" CMRR. What all do I have here?

 

FCRA -- Non-PP pull, demand removal

FDCPA -- no mini-miranda

FDCPA -- no written communication following "first contact" (hard pull or 1st phone call?)

TCPA -- Calling cell phone w/o consent

FOAD

 

More?

 

I figure I'll CC it to the NY Attorney General and let them know I'm doing so.

Edited January 7, 2011 by dkfd3s

[gnarlywood]

also...

 

FDCRA -- did not identify as debt collector

Edited January 7, 2011 by dkfd3s

[MadAsHell2]

Can't hurt to call them back, record the conversation, refuse to discuss anything other then clearly identifying who they are and why they are calling you. Then you can proceed to take actions against them.

[gnarlywood]

Can't hurt to call them back, record the conversation, refuse to discuss anything other then clearly identifying who they are and why they are calling you. Then you can proceed to take actions against them.

 

Do I need to disclose that I am recording the conversation? I live in California and I would be calling NY if that makes any difference.

 

LOL I found the guy on multiple "social network" sites who has made the two calls after listening to the two voicemails closely and figuring out what his last name is...

Edited January 7, 2011 by dkfd3s

[MadAsHell2]

Can't hurt to call them back, record the conversation, refuse to discuss anything other then clearly identifying who they are and why they are calling you. Then you can proceed to take actions against them.

 

Do I need to disclose that I am recording the conversation? I live in California and I would be calling NY if that makes any difference.

 

LOL I found the guy on multiple "social network" sites who has made the two calls after listening to the two voicemails closely and figuring out what his last name is...

 

Looks like it might be illegal in California unless both parties give consent. http://www.rcfp.org/taping/

 

Tell him if he wants to talk to you he must give consent. That does not mean you have to answer any questions he asks. Remember you are asking the questions and be firm about it.

Edited January 7, 2011 by MadAsHell2

[Gronnie]

Can't hurt to call them back, record the conversation, refuse to discuss anything other then clearly identifying who they are and why they are calling you. Then you can proceed to take actions against them.

 

Do I need to disclose that I am recording the conversation? I live in California and I would be calling NY if that makes any difference.

 

LOL I found the guy on multiple "social network" sites who has made the two calls after listening to the two voicemails closely and figuring out what his last name is...

 

Looks like it might be illegal in California unless both parties give consent. http://www.rcfp.org/taping/

 

Tell him if he wants to talk to you he must give consent. That does not mean you have to answer any questions he asks. Remember you are asking the questions and be firm about it.

 

Stay off the phone, you aren't going to out talk him if he is any good.

[gnarlywood]

Can't hurt to call them back, record the conversation, refuse to discuss anything other then clearly identifying who they are and why they are calling you. Then you can proceed to take actions against them.

 

Do I need to disclose that I am recording the conversation? I live in California and I would be calling NY if that makes any difference.

 

LOL I found the guy on multiple "social network" sites who has made the two calls after listening to the two voicemails closely and figuring out what his last name is...

 

Looks like it might be illegal in California unless both parties give consent. http://www.rcfp.org/taping/

 

Tell him if he wants to talk to you he must give consent. That does not mean you have to answer any questions he asks. Remember you are asking the questions and be firm about it.

 

Stay off the phone, you aren't going to out talk him if he is any good.

 

Thanks peeps. I could actually take him on phone, but I'm not going to do it if I have to ask for consent to record. (Thanks for the reference link, MadAsHell2.) At least on the voicemails where he's trying to get me to call him back, he seems quite casual & nice... like a nice 49 year old family man with a wife around the same age & a son in his early 20s. (LOL internet.)