Author Topic: What Can a Skip Tracer Accompish?  (Read 17115 times)

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brokeinaz

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Re: What Can a Skip Tracer Accompish?
« Reply #30 on: August 05, 2011 06:43:20 PM »
A CA is claiming they did a skip trace and got a relative's # listed as mine.  I never lived at that address, he has not lived at my address, nor have we purchased anything together.  Is this possible or is it to justify their violation of the FDCPA?

CleaningUp

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Re: What Can a Skip Tracer Accompish?
« Reply #31 on: August 05, 2011 06:52:45 PM »

If they did not mention the debt but merely asked for location information, it is perfectly legal.

CAs have the right to 3rd party contact for such purposes.


brokeinaz

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Re: What Can a Skip Tracer Accompish?
« Reply #32 on: August 05, 2011 10:34:18 PM »
She left a message stating they needed to speak with me and the name of their collection agency they are with, which has 'creditors' in the title.  Family member knew it was a collection agency.  They wrote down the message and passed it on to me.  I confronted the CA on this, they flat out denied it.  They said they log every call they ever make and they never called that number looking for me.  The caller ID picked it up, no way to hide that. 

CleaningUp

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Re: What Can a Skip Tracer Accompish?
« Reply #33 on: August 05, 2011 11:22:30 PM »
"Amalgamated Hardware and Creditor Information Technologies" might pass muster as a name; the mere presence of the word "Creditor" in the name does not guarantee an FDCPA violation if it is used by a collector.

If their name is not a de jure violation, and your family member deduced that it was a collector, can they be held responsible for your family member's correct deduction?  That is going to be a stretch to get it to qualify as the collector being guilty of prohibited 3rd party disclosure.

Re:  Caller ID.  No way to hide it, true.  But there is very little chance that you can get that turned into evidence admissible to the court.

A third-party disclosure claim against this outfit is likely a stretch too far.


coltfan1972

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Re: What Can a Skip Tracer Accompish?
« Reply #34 on: August 05, 2011 11:44:59 PM »
Re:  Caller ID.  No way to hide it, true.  But there is very little chance that you can get that turned into evidence admissible to the court.

That's the big problem.  It would probably take detailed discovery to obtain any call records. 
LexisNexis® Legal Newsroom- 05-17-2013 | 10:11 AM --

JONESBORO, Ark. - A federal judge in Arkansas on May 15 ruled that dismissal of a consumer's lawsuit against a debt collector is not proper because although the consumer posted messages on a website "in an odious manner," valid First Amendment concerns exist (Brandon Scroggin v. Credit Bureau of Jonesboro Inc., No. 12-0128, E.D. Ark.; 2013 U.S. Dist. Lexis 69070).

flacorps

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Re: What Can a Skip Tracer Accompish?
« Reply #35 on: August 06, 2011 12:38:04 AM »
The caller ID should be admissible if a line owner takes a pic and swears the call came in. Affidavits to begin with, live testimony if needed.
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CleaningUp

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Re: What Can a Skip Tracer Accompish?
« Reply #36 on: August 06, 2011 01:51:30 AM »
Time...and phone calls...scroll the caller ID off the phone.  Mine stores the last 20.

Don't think the OP would really want the family member on the stand being cross-examined about her deduction/assumption. Might not help much.

I think OP should look...and wait...for other violations.  They will likely come in due course.


brokeinaz

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Re: What Can a Skip Tracer Accompish?
« Reply #37 on: August 06, 2011 02:20:48 AM »
The message was left 3 minutes after they left one on my cel phone that has my outgoing message with my name.  They knew they reached me at that point.  The last sentence in her message, 'this is an attempt to collect debt' I think that pretty much states what the purpose of the call was.  I confronted the person that left it, she denied it and said that they document all calls made and no one in their office ever called that number.  A flat out lie.  I spoke to another collector, who again flat out lied that no one in their office ever called that number.  I have both of their lies on tape.  They claimed they only called and left the voice message on my cel phone.  They know they up and are trying to cover it up. 


CleaningUp

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Re: What Can a Skip Tracer Accompish?
« Reply #38 on: August 06, 2011 02:46:12 AM »
If the statement "This is an attempt to collect a debt" was made to your family member, this  statement of yours:


...Family member knew it was a collection agency....


...is a material understatement...disingenuous one, actually, deliberate or otherwise.

Only you can tell us which.






« Last Edit: August 06, 2011 02:52:06 AM by CleaningUp »

innocentme

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Re: What Can a Skip Tracer Accompish?
« Reply #39 on: August 06, 2011 04:14:07 AM »
It is always fun trying to reconstruct what happened.  Sometimes it turns out as clear as mud. :whackacow2:
I am not an attorney.  I just love to know my rights, and to defend them at all costs.  Even if that means going on the offensive.  I'm always nice, until I'm not.

brokeinaz

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Re: What Can a Skip Tracer Accompish?
« Reply #40 on: August 06, 2011 04:46:19 AM »
Not a deliberate understatement.  Just didn't think to elaborate why.  The entire call was obvious but that statement made it easier to prove in court.  Even before that statement, leaving the name of the CA, she knew it was a CA.  It is my understanding they can't leave a message and identify who they are with and that it is regarding debt.  They can try to get information, but not disclose who they are or what they want.  She did both and put a cherry on top with the last statement.  CA claims they have a log of all incoming and outgoing calls, this one is not in their system.  2 CA denied that the number was ever dialed and their system wouldn't allow it to be dialed without logging it in their database. 


Admin0248

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Re: What Can a Skip Tracer Accompish?
« Reply #41 on: August 06, 2011 01:27:09 PM »
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