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original creditor harrassment calls

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intodeep

Guest
What is the name of your state? PA

I am being hounded day and nignt at home and work by MBNA and DIscover care. I am strongly considering bankruptcy I am trying to tie up lose ends, save money and make my decision. They call all the time, and at first it was all hang ups when they called. Now they are leaving long detailed messages about my accounts. THey leave them at work and at home, MBNA left one on my in laws phone. How can I get the original creditor to stop. I asked MBNA to not call my in laws, she said that was my home number. I never gave them that number. They just keep calling. I would not mind the unavailable calls coming in and hanging up if I do not answer, but the message leaving in detail is embarrassing especially at work, where I share a phone line. Do they have to stop if I ask them to or are original creditors exempt from that? I thought by talking to them that it would help. I said I can't pay, they call later, or the next day, same thing all over again.
 
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Ladynred

Senior Member
Unfortunately, with OC's, you're at their mercy, there is nothing like the FDCPA to pull their chains and make their collection dogs heel. However, I would think that even though they do not come under the FDCPA, leaving detailed account info in a message may just come under the Privacy Act.

I'd try writing them a letter, certified RRR, and tell them that your employer does not allow personal calls at work and they may not call you there or you risk being fired. As for your in-laws number, you could add in that same letter that that information, as your home number, is incorrect and they are to cease using that number.

I'd tell your in-laws to keep an airhorn near the phone and if these morons call there, tell them they have the wrong number and blow that airhorn into the phone. I know its offensive, but the creditors are being just as offensive in their tactics. If I were your inlaws, I'd make them think twice about calling that number !!!
 

Souix

Senior Member
intodeep said:
What is the name of your state? PA

I am being hounded day and nignt at home and work by MBNA and DIscover care. I am strongly considering bankruptcy I am trying to tie up lose ends, save money and make my decision. They call all the time, and at first it was all hang ups when they called. Now they are leaving long detailed messages about my accounts. THey leave them at work and at home, MBNA left one on my in laws phone. How can I get the original creditor to stop. I asked MBNA to not call my in laws, she said that was my home number. I never gave them that number. They just keep calling. I would not mind the unavailable calls coming in and hanging up if I do not answer, but the message leaving in detail is embarrassing especially at work, where I share a phone line. Do they have to stop if I ask them to or are original creditors exempt from that? I thought by talking to them that it would help. I said I can't pay, they call later, or the next day, same thing all over again.


I was once in this very same position and I can tell you that they do have a right to call you at home, work, or anywhere else they think they can get a hold of you at, and make your life hell. However, if you file C7 they cannot contact you after discharge. I had this one guy calling me after the discharge and my attorney told me he could get in BIG trouble for that. So my advice is to just hang up on them until after your bk is discharged.
 

Ladynred

Senior Member
In addition to what Susie said.. once you file for bankruptcy, the automatic stay goes into effect and they MUST stop calling you or they are violating the bankruptcy laws - BIG trouble for them if they continue after you've told them once and given them your attorney's name and number.
 

Souix

Senior Member
Ladynred said:
In addition to what Susie said.. once you file for bankruptcy, the automatic stay goes into effect and they MUST stop calling you or they are violating the bankruptcy laws - BIG trouble for them if they continue after you've told them once and given them your attorney's name and number.


Ladynred - what kind of trouble are we talking about, my attorney never did say.
 

Ladynred

Senior Member
The BK court can impose some heavy fines as well as sanctions against them. In some cases I've read, the businesses have even been barred from collection activities at all. That, of course, will put a collection agency OUT of business.. which I sure as heck won't shed a tear for !
 

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