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Old 04-27-2011, 12:02 PM
 
5,696 posts, read 19,144,742 times
Reputation: 8699

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For the past week there has been a number coming up on my caller id. The caller would leave a message but it was voice recorded which was cut off leaving the end of the message. Usually the last two digits of a phone number. I figured it was some sales crap as we have recently been bombarded with calls from lawn care companies. So whatever.

Well today they called, I was home so I answered. The woman informed me the call was regarding a past debt. I was a bit miffed and asked what it was for. She said back in 2003 I ordered plants from a online nursery. I told her I had no idea what she was talking about. She then told me it was a branch of another nursery. This nursery I did recognize because I had bought tulip bulbs from them. This woman claims that I never paid. Now what I don't understand is, to order from this company, you have to pay for the items right there and then before shipping. I explained this to the woman and she was completely rude and hostile. She kept cutting me off and speaking over me. I couldn't get a word in. In all these years I have never got a letter or phone call regarding this nursery until now. I recently pulled my credit report (something I do every year) and nothing in on my report. Nor have I seen this company on it in the past.

I told the woman this. She said it wouldn't be because it is not a trade line account. I asked for the phone number of the nursery so I could look into this further and again she was rude and said the company would have no record of me. She refused to give me the phone number. I looked them up myself and called. The company said nothing is showing up in their records and even asked if I would like to place an order. The collector told me amount is over a 150 dollars. I know that the bulbs I ordered were in the 50 dollar range and not a 150 bucks. In fact, they still sell the variety pack for 46 dollars, exactly what I ordered. She asked for my current address and I wouldn't give it to her. She really became hostile then and said she would find out where I live anyway. So I told her to go for it. I did look up the collection agency and they are real.

I am highly suspicious because two weeks ago my husband and I were victims of debt card fraud. Our bank saw some odd charges on our account and called us. Someone out of state spent over 200 dollars at two gas stations. We had to go through the process of claiming fraud and we just got our money back (thank goodness). Now I have some woman calling me saying I owe a debt from 2003? Maybe totally unrelated but the timing is just strange. She told me that she will continue to call me. My husband hates this kind of stuff and said we should just pay it since he doesn't want the phone ringing off the hook. I'm pissed because I know I paid for those damn bulbs and now all of a sudden out of the blue, I am told I have owed this debt for years and its triple what I actually bought?

The woman then told me all of this will hurt my credit. I asked her how since it is not on my credit report where she even admitted it wouldn't be. Then she says well, creditors will see it not me. WTH? We bought a car last year and our credit union didn't mention it. I don't know how to proceed with this.
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Old 04-27-2011, 12:54 PM
 
Location: Lansing, MI
2,947 posts, read 7,020,434 times
Reputation: 3271
First, and foremost, you need to find out what the Statute of Limitations are for your state. A debt from 2003 would be beyond SOL in many states.

Second, they can't collect from you for a debt they can't prove you owe. Ask for proof the debt.

Sure, this could be legitimately owed if, at one time in 2003 or earlier, you had made a purchase and your bank did not honor the transaction. So, cost of purchase + bank fees + collection fees could equal $150. But, you would have surely seen something about that in 2003-2004?

Smack your husband upside the head if the thought crosses his mind to pay for something you all don't owe.
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Old 04-27-2011, 01:18 PM
 
Location: Wisconsin
25,580 posts, read 56,482,264 times
Reputation: 23386
Sounds like a scam. Or, somehow, your 'account' was mistakenly sold to a collection agency to see what they could get. Most of these very old sold accounts are uncollectible and someone is gambling they will make a few bucks. These agents are paid on commission. Get caller id and don't answer the phone when they call you, or hang up when they do. I have NO fear of hanging up on anyone, ever. I also tell them never to call me again - and they don't.

If something ultimately turns up on your credit report, you can clear it up by contacting the nursery and have them remove it, since they tell you there is no uncollected account on their books.

These people are crooks and trying to find money where there isn't any legitimate claim. Furthermore, after eight years, I don't think they have any legal standing. Statute of limitations. They are just throwing mud against the wall, hoping some of it sticks. In other words, a certain percentage of people will fall for this and pay, whether they owe it or not. Don't be one of them.

Forget about it. This is total BS.
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Old 04-27-2011, 01:26 PM
 
Location: colorado
2,788 posts, read 5,092,366 times
Reputation: 3345
Quote:
Originally Posted by fallingwater View Post
For the past week there has been a number coming up on my caller id. The caller would leave a message but it was voice recorded which was cut off leaving the end of the message. Usually the last two digits of a phone number. I figured it was some sales crap as we have recently been bombarded with calls from lawn care companies. So whatever.

Well today they called, I was home so I answered. The woman informed me the call was regarding a past debt. I was a bit miffed and asked what it was for. She said back in 2003 I ordered plants from a online nursery. I told her I had no idea what she was talking about. She then told me it was a branch of another nursery. This nursery I did recognize because I had bought tulip bulbs from them. This woman claims that I never paid. Now what I don't understand is, to order from this company, you have to pay for the items right there and then before shipping. I explained this to the woman and she was completely rude and hostile. She kept cutting me off and speaking over me. I couldn't get a word in. In all these years I have never got a letter or phone call regarding this nursery until now. I recently pulled my credit report (something I do every year) and nothing in on my report. Nor have I seen this company on it in the past.

I told the woman this. She said it wouldn't be because it is not a trade line account. I asked for the phone number of the nursery so I could look into this further and again she was rude and said the company would have no record of me. She refused to give me the phone number. I looked them up myself and called. The company said nothing is showing up in their records and even asked if I would like to place an order. The collector told me amount is over a 150 dollars. I know that the bulbs I ordered were in the 50 dollar range and not a 150 bucks. In fact, they still sell the variety pack for 46 dollars, exactly what I ordered. She asked for my current address and I wouldn't give it to her. She really became hostile then and said she would find out where I live anyway. So I told her to go for it. I did look up the collection agency and they are real.

I am highly suspicious because two weeks ago my husband and I were victims of debt card fraud. Our bank saw some odd charges on our account and called us. Someone out of state spent over 200 dollars at two gas stations. We had to go through the process of claiming fraud and we just got our money back (thank goodness). Now I have some woman calling me saying I owe a debt from 2003? Maybe totally unrelated but the timing is just strange. She told me that she will continue to call me. My husband hates this kind of stuff and said we should just pay it since he doesn't want the phone ringing off the hook. I'm pissed because I know I paid for those damn bulbs and now all of a sudden out of the blue, I am told I have owed this debt for years and its triple what I actually bought?

The woman then told me all of this will hurt my credit. I asked her how since it is not on my credit report where she even admitted it wouldn't be. Then she says well, creditors will see it not me. WTH? We bought a car last year and our credit union didn't mention it. I don't know how to proceed with this.

They are past the statue of limititions on collecting on a debt..Its 7 years
They must be a company who bought old debts and are trying to collect on them
I had a collector call me once on a debt that was over 11 years old..They were so rude..At the time I also worked in a collection law firm and we made sure we did everything by the Debt Collection Practice Act. So I had one of the lawyers in the firm call them up..Dont know what was said, but they never harrassed me again.
Go on the internet and look up debts and educate yourself.
Also if you dont want them to call you anymore you have to send it in writing to cease all telephone calls..


http://www.ftc.gov/bcp/edu/pubs/cons...edit/cre27.pdf

Debt Collection FAQs: A Guide for Consumers

http://www.dca.ca.gov/publications/legal_guides/dc_2.pdf (broken link)


Hope these help..
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Old 04-27-2011, 01:29 PM
 
Location: Apple Valley Calif
7,474 posts, read 22,882,304 times
Reputation: 5683
Call your phone company and have that number blocked..!
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Old 04-27-2011, 01:52 PM
 
5,696 posts, read 19,144,742 times
Reputation: 8699
Thank you everyone for the replies. This kind of stressed me out. Then I realized the damn proof is right on my wall! I bought those tulips in 96. The reason I know this is, when my son was a toddler I took a photo of him in front of the garden. My husband and I joked it was our mini holland. So I made that purchase in 96, not 2003. Have no idea what this woman is referring to now.

I looked up SOL. Now I am confused since I live out of state now. Does the SOL apply to where I lived or where I live now? Where I lived it is 6 yrs for credit, 10 yrs for a written commitment. In my new state it is 10 yrs for credit and 10 yrs for written commitments.

One thing that is bothering me is while the woman was reaming me a new one, she said that I agreed to make payments and stopped. Like she was implying this was a recent thing. I did some research and there are companies that take on very old debits with hopes of collecting them. One of their tactics is to somehow get the person to admit that they might owe the debt or know of it. Then the SOL starts all over again. I stayed firm that I did not owe the debt. I normally do not answer my phone with strange numbers but my curiosity got the best of me.
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Old 04-27-2011, 01:56 PM
 
Location: Boise, ID
8,046 posts, read 28,478,357 times
Reputation: 9470
I agree. Demand that they provide proof of not only the debt, but also their right to collect on it. Demand that until they provide that proof, that they cease and desist calling you. This could definitely be a scam of some kind.

If they keep calling you and won't provide proof, turn them in. Sorry, I don't know who the right organization to report them to is though.

Keep a piece of paper by the phone and write down who you told this to and when, and then write down every time they call you after that without proof.
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Old 04-27-2011, 02:18 PM
 
Location: Denver
4,564 posts, read 10,954,864 times
Reputation: 3947
Boy they are stretching, aren't they? It does sound like a scam. I would ignore. If at some point it shows up on your credit report, then file a dispute. They will have to produce proof at that point, and I guarantee they have none.

I would not give it another thought, other than blocking the number. I know with our phone provider (Comcast), I can log into our account online and enter a number to be blocked. Super easy. There are a few overseas telemarketers that wouldn't stop calling and don't seem to care about a no call list.....
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Old 04-27-2011, 06:40 PM
 
Location: Lansing, MI
2,947 posts, read 7,020,434 times
Reputation: 3271
What everyone has said is right on the money. Don't EVER admit to possibly owing the money because that opens up can of worms where the debt really could be on your credit.

If this ever comes up again, dispute it. If they can't provide proof that you agreed to the debt, they can't collect. Going this far back most "proof" would be a signed document as online transactions were not as big at that time.

Otherwise... stop stressing about it.
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Old 04-28-2011, 06:08 AM
 
Location: colorado
2,788 posts, read 5,092,366 times
Reputation: 3345
Quote:
Originally Posted by fallingwater View Post
Thank you everyone for the replies. This kind of stressed me out. Then I realized the damn proof is right on my wall! I bought those tulips in 96. The reason I know this is, when my son was a toddler I took a photo of him in front of the garden. My husband and I joked it was our mini holland. So I made that purchase in 96, not 2003. Have no idea what this woman is referring to now.

I looked up SOL. Now I am confused since I live out of state now. Does the SOL apply to where I lived or where I live now? Where I lived it is 6 yrs for credit, 10 yrs for a written commitment. In my new state it is 10 yrs for credit and 10 yrs for written commitments.

One thing that is bothering me is while the woman was reaming me a new one, she said that I agreed to make payments and stopped. Like she was implying this was a recent thing. I did some research and there are companies that take on very old debits with hopes of collecting them. One of their tactics is to somehow get the person to admit that they might owe the debt or know of it. Then the SOL starts all over again. I stayed firm that I did not owe the debt. I normally do not answer my phone with strange numbers but my curiosity got the best of me.



You would report it to your attorney general..
I left you some sites to go too.
Like I said ask for the address to send a statement to cease all telephone calls.
Educate yourself.

Go back and look up the sites I posted for you
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