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Hello Writers;
I've been having a problem with being confused with a dead beat with the same name as I (except the middle initial).

I sent this letter as a reply to the latest misguided dun correspondence that I received from an attorney (with Esq. after his name).

I would appreciate any comments and suggestions.

Here's my reply:


Dear Counselor;

Enclosed is a copy of the dun letter titled “FIRST DEMAND LETTER” that I received from your office on November 5th, 2007. Earlier, on November 2nd, 2007, I received a phone call from you or your associate concerning the same subject.

During the phone call, and after the usual “pay us or else” rude threats, I thought I had satisfied you or your caller that I was not the XXXX X XXXX for whom you’re looking and I owe nothing to your clients, Account Portfolio Mgmt LLC (XXXXX) and Chase Manhattan Bank USA NA (XXXXXXX). Rightfully, I assumed that no further action on my part would be necessary.

Unfortunately, I received the attached dun letter. Now, and hopefully once and for all, I am not XXXX X XXXX. My date of birth is XXXXX 1st, and the last four numbers of my Social Security Number are XXXX.

Please do not contact me again unless it is to inform me of my exoneration. Please advise your clients to purge my name and SSN from their suspected debtor list and records.

I have been mistakenly harassed many times concerning this XXXXX X. character. Any further duns will certainly be considered excessive harassment and will be reported to Greg Abbott, the Texas Attorney General (I’m not sure if he is also an “Esq.).


Very Sincerely Yours;

XXXXXXXXXX

P.S. In this age of rampant identify theft; be assured that I will do everything possible to protect my good name and credit.
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Did you get a reply from them? Did you contact Greg Abbott? I would probably have sent a letter to them upon the first call making sure that there was no question that they had the wrong guy. Something along the lines of:

Dear Mr. Smith,

I just recieved a call from Joe Blow regarding John P. Jones. I explained to Mr. Blow that I am, in fact, John X. Jones and am no relation whatsoever to Mr. John P. Jones.

It is my understanding that John P. Jones apparently has issues with paying his bills. As such, you might want to try looking in the local county jail to see if he's been picked up on theft by check charges. One thing I can assure you is that he has never lived at this address, has never had my phone number, and I am not responsible for any of his financial obligations.

I pay all of my obligations on time and welcome this opportunity to advise you that I am giving you notice that should you continue to contact me in what I view as a threatening and harassing manner, you will most certainly be hearing from my attorney.


I hope they get it all straightened out for you. BTW: don't give them your birth date or any part of your SSN. All it would take it them "updating" their records to reflect your birth date and SSN and you'd have an even worse mess on your hands.

LWW
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legalwordwarrior wrote:

Did you get a reply from them?
Did you contact Greg Abbott?

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No, I received no reply. This is not the first time I've sent a version of this letter to various bill collectors and I've never received a reply, but the contacts from them have ceased. The DOB and last four SSN seems to be the key to convince them that I'm not the person they're looking for. Once they have this info, the profit motive of chasing after me is eliminated and they don't bother me again. I suspect that this last phone call and the letter were initiated on the same day and the correction learned during the phone call was not made to the letter before it was mailed.

Additionally, the DOB and last four seem to satisfy phone duns once I get through their rude behavior.

And no, I haven't contacted the Attorney General. I will difinitely do so if I recieve another mis-directed dun. This guy owes a lot of people but I'm hoping it's over for me!
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Sounds like it would almost be worth it to change your name!

LWW
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It's funny, but when I applied for my home mortgage, I was asked if I had ever lived and been arrested in Michigan on bad check passing charges and something else I don't recall. I said no, and they said it was the same name and social security number as mine. I was worried about it for a little while, but it never came up again after that, and my mortgage was approved without a hitch. That's the only time something like that has ever happened to me.....

Mike in NJ
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