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  #1  
Old 08-23-2009, 11:00 PM
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Question

Credit card co. has called relatives about my debt...

What is the name of your state (only U.S. law)? Florida

I got behind on one of my credit cards and tried to work out a hardship program with them but they wanted $170 right then and there and I told them I didn't have it, so they rudely told me that I couldn't enroll. I had told them I was unemployed and my husband hadn't recieved a paycheck in 3 months.
My husband is not on my account and they called and he answered and they discussed my account with him and then our home phone was shut off and they proceeded to call my mother (different last name) and my mother-in-law about my account. Is this something that I can use against them? What can I do about them doing this? Also they call my cell phone (which my ex-employer still pays for) daily and leave voice mails that don't identify who they are (I know from previous messages left before my phone was shut off who it is) I never gave them the number nor did I ever call them from it, is any of what they are doing legal? I need to know before we get a loan to pay off credit cards, to see if I can get them to settle for less or nothing at all if what they are doing/done is illegal.
  #2  
Old 08-23-2009, 11:14 PM
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everything sounds okay to me.
  #3  
Old 08-23-2009, 11:55 PM
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Quote:
Originally Posted by Rameyw View Post
What is the name of your state (only U.S. law)? Florida

I got behind on one of my credit cards and tried to work out a hardship program with them but they wanted $170 right then and there and I told them I didn't have it, so they rudely told me that I couldn't enroll. I had told them I was unemployed and my husband hadn't recieved a paycheck in 3 months.
My husband is not on my account and they called and he answered and they discussed my account with him and then our home phone was shut off and they proceeded to call my mother (different last name) and my mother-in-law about my account. Is this something that I can use against them? What can I do about them doing this? Also they call my cell phone (which my ex-employer still pays for) daily and leave voice mails that don't identify who they are (I know from previous messages left before my phone was shut off who it is) I never gave them the number nor did I ever call them from it, is any of what they are doing legal? I need to know before we get a loan to pay off credit cards, to see if I can get them to settle for less or nothing at all if what they are doing/done is illegal.


A debt collector can call your friends, neighbors and relatives to try and locate you if you are dodging them or they can't find you; however, if your friend, neighbor or relative asks them to stop calling, they must do so. And they generally only resort to calling these people if they believe you're trying to dodge the debt...and in all fairness, your post does suggest you're looking for a way to dodge them and avoid paying. They're not obliged to agree to your proposed terms of repayment, and they're not obliged to be polite in refusing to do so (though it would make more sense to be polite, for obvious reasons). You do owe the debt - they have the right to try and collect the debt, and on their own terms.

More to the point though, even if they do something wrong, it does not wipe the debt or your obligation to pay the debt.

Pay 'em and I guarantee they'll stop calling you.
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  #4  
Old 08-24-2009, 12:09 AM
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Location: I don't know. The guys with the keys won't say. I think it's top secret info.
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one thing the OP needs to understand:

the FDCPA applies to 3rd party collectors which are companies that are hired to collect a debt, debt buyers, and the like. If an entity is making collections on it's own debts, then they are not controlled by the FDCPA and the limitations of those people are very few.
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  #5  
Old 08-26-2009, 01:58 PM
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they care NOT allowed to tell them how much you owe them, that is ILLEGAL and against the FDCPA rules!!!!
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  #6  
Old 08-26-2009, 02:46 PM
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Originally Posted by longsally111 View Post
they care NOT allowed to tell them how much you owe them, that is ILLEGAL and against the FDCPA rules!!!!
If (big IF) the FDCPA applies to them. State law sometimes makes similar rules applicable to original creditors, but I do not know whether Florida is one of them offhand.
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  #7  
Old 08-26-2009, 03:05 PM
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Quote:
Originally Posted by longsally111 View Post
they care NOT allowed to tell them how much you owe them, that is ILLEGAL and against the FDCPA rules!!!!
Sorry to disappoint you -- hubby is not a third party in Florida.

They can talk to him all day. The OP didn't say what was discussed with Mom and M-I-L. Location information is not a violation.

DC
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  #8  
Old 08-26-2009, 03:20 PM
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you are correct, location info is not illegal. Telling them how much you owe and trying to get them to pay it is!!!
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  #9  
Old 08-26-2009, 09:46 PM
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Quote:
Originally Posted by longsally111 View Post
you are correct, location info is not illegal. Telling them how much you owe and trying to get them to pay it is!!!
you are presuming the FDCPA is applicable.

It still sounds like this is first party collections and as such, the FDCPA would not apply.
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