I can't believe it! I had 1 little unresolved debt, I've been communicating with the guy nicely to get it paid, I miss 1 scheduled phone call (stuck in a meeting at work) and the butthead calls my mom? I have'nt lived at home in 10 years. Has this kind of thing ever happened to any one else?
2006-08-08 15:58:10 · 10 answers · asked by odiboodi 2 in Business & Finance ➔ Credit
The guy at the collection agency may have violated your rights under the Fair Debt Collection Practices Act (FDCPA).
First, was your mom a co-signer on the loan? If so, contacts with her are considered the same as contacts with you under the FDCPA. In other words, collection agencies are free to call her if she co-signed your loan. If you haven't lived at home for ten years, however, I doubt that this would be the case.
Did the collector know your name and telephone number? In other words, could they have contacted you directly? From your description, it sounds like the collection agency knew perfectly well how to contact you directly. In that case, the collection agency should not have contacted your mom at all.
Even IF the collection agent didn't know how to locate you (which is not the case here), the FDCPA stipulates that they cannot tell others you owe a debt or discuss details of your account. They must take precautions to protect your privacy. Did the collection agency identify themselves as a debt collector or disclose details of the debt to your mom? If so, then they violated your rights under the FDCPA.
The FDCPA says discussions about the debt can only be held with you, your creditor, an attorney representing one of the parties or a credit bureau.
Public airing of your debt intended to shame you into paying it is not allowed.
If you feel your rights have been violated (from your description, they have), contact your state Attorney General' s office. Many states have their own debt collection laws and the Attorney General's office can help you determine your rights.
Also, you should file a complaint with the Federal Trade Commission.
For an excellent summary of your rights under the FDCPA, please visit the Privacy Rights Clearinghouse:
Debt Collection Practices: When Hardball Tactics Go Too Far
http://www.privacyrights.org/fs/fs27-debtcoll.htm
They also have sample Debt Collection letters:
http://www.privacyrights.org/Letters/letters.htm#Debt
Of particular interest to you would be this excellent letter to stop collection agencies from contacting employers, family and others:
http://www.privacyrights.org/Letters/debt4.htm
If you enjoy wading through legalese, the actual act can be found here:
Fair Debt Collection Practices Act (FDCPA)
http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm
Finally, if you would like to file a complaint:
Federal Trade Commission
http://www.ftc.gov/
(Click 'File a Complaint' in the top navigation bar.)
Good luck!
2006-08-08 18:28:19 · answer #1 · answered by Steve 2 · 1⤊ 1⤋
Phone numbers are pretty easy to get on line these days. For a debt collection agency, they may have obtained the number from the business that posted your parents debt and turned it over to collections. For example, if they applied for Sears credit to buy an appliance, they probably filled out an application somewhere down the line that asked for a home phone number. That may be the source of the collection bureau getting the number.
2006-08-08 16:03:58 · answer #2 · answered by nothing 6 · 0⤊ 0⤋
Get the agencies name, address telephone number. Write them a letter to tell them to stop calling and possibly give them the right information if you have it. By law they have to stop calling you after they recieve written notice from you that you do not want them to call you. Look up the Fair Debt Collection Practices Act. Sue the pants off of them if they continue to call you.
2016-03-27 04:38:41 · answer #3 · answered by ? 4 · 0⤊ 0⤋
They get it from Lexis-Nexis which has a huge database (and I mean HUGE) of all kinds of cross referenced information including all your former addresses (and all your parents former addresses) and the names and phone numbers of all your present and former neighbors.
You wouldn't believe who they'll call to keep tabs on you....parents, neighbors and if they can find out....friends.
It's all part of their effort to itimidate you into paying and unless you tell them to stop it, it is legal.
Once you tell them not to call parents or neighbors, they are not supposed to, but I believe most do it anyway.
Your best bet is to begin making way to pay off that late debt, even if you make very small payments at first....at least get some money in their hands quickly no matter how small just to show them how sincere you are in working it out right away.
2006-08-08 18:09:53 · answer #4 · answered by markmywordz 5 · 0⤊ 0⤋
It has never happened to me, but you can find out just about anything bout anybody by going to background information websites, and paying a small fee. If your debt has gone to a collection agency, the sooner you pay them the better.
good luck getting your credit rating back in order.
2006-08-08 16:04:34 · answer #5 · answered by hfmgr06 4 · 0⤊ 0⤋
I'll go you one better. The collection agency did violate the FDCPA and you need to send them a variation of this letter:
Name of collection agency
To whom it may concern.
After consulting with the Attorney General’s office and a private attorney, I have been advised to put you on notice.
In regards to CASE NUMBER: *******:
I contacted your office to resolve this matter and was treated to abusive language. As a direct result of my contact with your office, I was sent a letter by your office threatening legal action. I have also received numerous phone calls with intent to harass.
Under state collection agency laws (RCW 19.16) and The Fair Debt Collections Act (15 USC 1692) your office is in violation.
I do not wish any further contact from your office.
Sincerely,
Your name
Address
In this case, you need to mention phone calls and refer to section 806 of the FDCPA for clarification in your situation. In any case, they cannot contact you after recieving this letter. That would just be another violation of the law.
2006-08-08 22:43:10 · answer #6 · answered by David H 3 · 0⤊ 1⤋
It's unbelievably easy to get that information. I know of one particular website, http://www.zabasearch.com that is completely free and would give your collection agency enough information to find your parents' phone number.
Isn't cyberspace grand?
2006-08-08 16:03:32 · answer #7 · answered by SuzeY 5 · 0⤊ 0⤋
Call this collection guy that he is not allowed to call you or any of your family ever again. If he does, you can sue him for harassment. They are legally bound to not call you if you instruct them not to. Don't let these jerks bully you or your family.
2006-08-08 16:05:29 · answer #8 · answered by Mr. Knowitall 3 · 0⤊ 0⤋
It is called skip tracing....... .the collector can get access to you work number as well..... I suggest you tell this creditor his boundaries... if he continues to crosses them you can file a complaint or sue the company.
2006-08-08 20:13:19 · answer #9 · answered by Lady D 3 · 0⤊ 0⤋
tell the collector not to contact anyone but yourself. If they violate take them to court. If they contact anyone other that you they only can give a name and a contact #.
2006-08-08 20:35:31 · answer #10 · answered by sarah a 2 · 0⤊ 0⤋