Brothers debt

[clearancequeeny]

What is the name of your state? Ga

My brother who lives with us has not paid some of HIS bills. He put our number as a point of contact without our knowledge. We pay all our bills on time and never had a debt collector call us. They keep calling here. I tell them this is not his line and to quit calling but the calls kept coming. Same company. Same lady . Last week she wanted me to write information down for him. I told her I charge 50.00 to take messages. I am not a secretary Again I asked her to stop calling . She asked how to get in touch with him. I said you figure it out . I was rude because she was rude to me. NOT MY DEBT quit being rude you might go further . Again I told her not to call . Is there any legal action I can take on this company since this is our residence, our( dh and I) phone not my brothers. I been telling my brother about the phone calls but of course he has taken no action to remedy his debt.. I told the lady last week if she called again I was going to contact an attorney so far no phone call this week but its not over yet

[FlyingRon]

Your screwed.

I've got some deadbeat totally unrelated to me that listed my cell # as his work #. It's been four years and I still get idiot credit agencies calling me looking for him.

The worst was NCR of Kennesaw Georgia. I actually had their local police go pay a visit on them after numerous attempts to get them to stop illegally calling my number with automatic dialers.

[debtcollector`]

Originally Posted by clearancequeeny

What is the name of your state? Ga

My brother who lives with us has not paid some of HIS bills. He put our number as a point of contact without our knowledge. We pay all our bills on time and never had a debt collector call us. They keep calling here. I tell them this is not his line and to quit calling but the calls kept coming. Same company. Same lady . Last week she wanted me to write information down for him. I told her I charge 50.00 to take messages. I am not a secretary Again I asked her to stop calling . She asked how to get in touch with him. I said you figure it out . I was rude because she was rude to me. NOT MY DEBT quit being rude you might go further . Again I told her not to call . Is there any legal action I can take on this company since this is our residence, our( dh and I) phone not my brothers. I been telling my brother about the phone calls but of course he has taken no action to remedy his debt.. I told the lady last week if she called again I was going to contact an attorney so far no phone call this week but its not over yet

No there is nothing you can do: YOU cause your mess.
You charge $50 for messages -- huh? Well, sparky you just ran a foul of the FDCPA and lost any claim you had.

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

Since you offered to take messages for a fee, you know the debtor and how to get a hold of him. Therefore, the collector can reasonably believe that you have correct or complete location information and call you until you ear falls off.

DC

For Flying Ron:

The worst was NCR of Kennesaw Georgia. I actually had their local police go pay a visit on them ...

No you didn't.

[clearancequeeny]

Originally Posted by debtcollector`

No there is nothing you can do: YOU cause your mess.
You charge $50 for messages -- huh? Well, sparky you just ran a foul of the FDCPA and lost any claim you had.

Since you offered to take messages for a fee, you know the debtor and how to get a hold of him. Therefore, the collector can reasonably believe that you have correct or complete location information and call you until you ear falls off.

DC

For Flying Ron:

No you didn't.

You may be right, I dont care , I will simply hang up on her each and every time she calls. I will say not his number GOOD BYE .. Eventually she will get the hint because I will not take any calls that are unlisted or toll free for him .. If its someone he wants to talk to him they know how to get in touch with him ( friends , family , work) so the only person that calls for him is this one debt collector . Believe me I can hold out a long time and Believe me her ear is going to hurt after I hang up the phone Harder and harder .. I ams till going to contact a lawyer to see what i can do legally. I still think this should be illegal regardless if I know where he is located or not. If the woman was nice from day one I probably would have written her infomation down and tell her I will pass it on but plain in simple she was a b!tch from the get go and deserves all she gets... Expecially when she knows she is not talking to the debtor. Hell I will tell him he moved and I have no idea where he is at now. I kicked him out of my house because of her calls..

[TiredOfAbuse]

No you do not have to put up with the harassment. The law works in favor of both sides. Read up and do your homework.

Try to obtain the the mailing address of the abusive collection agency. Send them a letting telling them you do not have location information for your brother, and they are to cease all communication to your number. Tell them the phone number and voice mail/message system cannot be accessed by him. Tell them that future calls will be considered harassment.

Mail your letter Certified Mail Return Receipt Requested so that you get the green card back. Do not answer your phone if you know it's them calling (callerID).

Once you get the card back you will be assured that they now have firm information indicating your brother cannot be reached through your telephone number. If they call after the date listed on the green card you get back, they have violated. The FDCPA states you can get up to $1,000 per action.

Better yet, there are lots of ways a corrupt collection agency can violate in how they leave their messages on a 3rd party telephone. Use Google and look up FOTI for a clearer picture.

Check your state laws. If, as a consumer, your rights have been violated you may be able to include attorney's fees in a federal lawsuit against the abuser.

Fight back! Don't be afraid to use the law creatively to correct and punish the abusers. They use the law to their advantage just the same.

And honestly why as a consumer would you take advice from a debt collector?

This is my first post, so a little about msyelf: I've dealt with collectors harassing me for the last few years. I respond to all dunning letters, and find my letters get ignored. My relatives are constantly harassed by telephone calls (I do not have a telephone). I have found 95% of agencies break state and federal laws. (I did work with a collection agency that treated me with respect and worked with me through the US Postal Service. I paid in full one of my 2 outstanding debts with a respectable agency.)

Now I am finally fighting back. A few months ago, I was finally fed up with the abuse of my family and being ignored so I filed suit. I am a week away from a handsome settlement. Due to their blatent disregard for the law, I am getting well over what the FDCPA allows for. This agency is a collections law firm.

To end this post, please know that you have rights, you just need to do a bit of research. And be careful posting in the same places debt collectors do. It's in their best interest to see you don't fight back, because then they get paid. By reading quite a few posting on here, I'd also venture to say that some collectors enjoy telling people they don't have any options or choices.

(I may get blasted for my response to you, clearancequeeny. All I have written above is what I would do myself if I were in your shoes. Do the steps above, then when they violate talk to an attorney. Quite a few NACA attornies will give free consultations.)

TiredOfAbuse

[You Are Guilty]

Overall, decent advice, but for the conclusion here:

Originally Posted by TiredOfAbuse

Once you get the card back you will be assured that they now have firm information indicating your brother cannot be reached through your telephone number. If they call after the date listed on the green card you get back, they have violated. The FDCPA states you can get up to $1,000 per action.

is incorrect, for the reasons listed in debtcollector's post.

The law protects consumers, but not when they try to play games.

[TiredOfAbuse]

Elaborate please.

I agree there is not much to be done before the position is clarified, hence sending the letter clears the position up. I believe a judge would side with me, being the least sofisticated consumer.

It will then pass to the collector to prove there was still cause to call. What preponderance of evidence could be shown?

Thank you before hand for your elaboration. Both sides play games, the game is called law and it protects the one that plays the stronger hand.

TiredOfAbuse

[HomeGuru]

Originally Posted by TiredOfAbuse

Elaborate please.

I agree there is not much to be done before the position is clarified, hence sending the letter clears the position up. I believe a judge would side with me, being the least sofisticated consumer.

It will then pass to the collector to prove there was still cause to call. What preponderance of evidence could be shown?

Thank you before hand for your elaboration. Both sides play games, the game is called law and it protects the one that plays the stronger hand.

TiredOfAbuse

**A: hahaha, too funny.

[TiredOfAbuse]

But I did make a point, and I haven't seen anyone elaborate.

Can someone please post an intelligent response? I truly would like to see the error of my thinking.

I find it important because I am a debtor. I have stated before that I have worked with CA's that treat me with respect, and work with me within my means.

Being who I am, I will hold those that mess with me and mine (in violating the law) fully accountable.

So, it is unreasonable to argue the point a little? Am I incorrect in my thinking? If need be, please send a serious response to me in a PM. I want a civil discussion about this.

Thank you.

TiredOfAbuse

[JustAPal00]

If I were the OP I would force my brother to deal with it or get out. I wouldn't hesitate to give them the contact info if he refused. He brought this heat down on you, not the people trying to get their money back!

[You Are Guilty]

Originally Posted by TiredOfAbuse

Elaborate please.

Well, first of all, your foregone "conclusion" is not something anyone, much less a layperson, can state over the internet. Nothing in the law is absolute, even when the law is on your side. Which brings me to my second point, the law is not on the OPs side here. As DC already posted:

§ 804. Acquisition of location information [15 USC 1692b]

Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --

(1) identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;

(2) not state that such consumer owes any debt;

(3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

The "reasonably believes" standard is quite applicable in the facts presented by the OP. Ergo, there is a (relatively good chance) a court would not find a violation because of this exception to the general rule.

[TiredOfAbuse]

Thank you for your input on this.

TiredOfAbuse