Quote:
Originally posted by jj3home I live in Md. my neighbor just informed me that my mortgage called her and told her to tell me to call them. is this a violation of the FDCPA? I am past due on my mortgage (2 months) and they are harrassing me with phone calls and I have stoped answering the phone unless I know who is calling.(caller Id) I am afraid to write a letter telling them not to contact me or my neighbors because I am afraid they will call in the whole debt? Do I have any recourse or protection or do I have to put up with this harrassement because I am delinquent on the debt? any help? thank you |
Needless to say, your options are very limited with the restriction that you have put in place ("I am afraid to write a letter telling them not to contact me or my neighbors because I am afraid they will call in the whole debt?"). How do you propose trying to resolve this without ANY contact with the creditor???
In any case, lets look at your concerns:
1) Mortgage company called neighbor to contact you. As long as the lender didn't discuss any financial issues (late payments, non payment, etc.), they are not in violation of any statute. After all, they do have the right to contact you.... in any reasonable method.
2) If this contact is really the creditor (and not a collection agent), they are not required to comply with the FDCPA (which only applies to 3rd party agents).
Summary, calling your neighbor to try to contact you and trying to call you is not harassment on their part. They have the right to contact you (within reasonable hours). The fact that you are refusing to contact them is forcing them to go to extreme measures. If you want them to stop, you need to allow them contact.