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Harrassment by ONYX Acceptance Corp.rep.

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J

jwmckims

Guest
What is the name of your state? California

I was in the hospital for a month. I went in just before my car payment was due in August and was released after my second payment was due in September. ONYX Acceptance Rep. named Chuck called my wife in August to ask when I was going to send a payment. She told them I was in the hospital and she did not know when I was going to be released. He asked if she could send the payment. She responded she could not without me there. I had purchesed the car before we were married. Her name is not on the loan contract. In September Chuck called again and asked when I was able to send the payment in for August and September. My wife said I was still in the hospital and would be released soon after my surgery. Then Chuck asked for the number to the hospital. My wife told him she did not have the number because I was moved to different parts of the hospital and was not in one room more than a few days. I always called her. He asked her to make the payment again and replied she could not without me authorizing her to it. He then accused her of driving my car which she can not. She does not have a license and it is a stick. Her name is not on the loan contract. He then asked what Hospital and she replied Kaiser. There are only 2 Kaiser hospitals in the area I live in. The day I went into surgery the Nurses front desk had a message for me that someone named Chuck called and left his call back number. The next day after surgery at 3pm I received a phone call to my room and it was chuck from ONYX wanting the payment for the car. I asked him how he got the number and he said my wife, which is untrue and she said he could call me at the hospital which was also untrue. I told him how do you expect me to pay ONYX lying here in the hopspital. Use some common sense and hung up. I asked the nurses at the front desk on how this person got the number and they told me that this person asked if you where a patient here and asked to be directed to you. He had called twice once while I was in surgery and then the next day. I called ONYX 4 days later to arrange a payment and talk to a supervisor. This rep. named David would not let me speak to a supervisor, but put me through to a voice mail and did not want to accept my check by phone. I have mailed it since then. Is there some kind of law against them discussing your account with my wife who was accussed of driving it and is not on the loan and I bought this before we were married. Is there any action that can be taken for calling me at the hospital.
 


JETX

Senior Member
Q1) "Is there some kind of law against them discussing your account with my wife who was accussed of driving it and is not on the loan and I bought this before we were married."
A1) What you are trying to apply is the FDCPA (Fair Debt Collection Practices Act) which limits information that can be released to a 3rd party. However, whether this will apply would depend largely on the type of information released and whether Onyx is the creditor or a third party collector. If the creditor, the FDCPA doesn't apply to them. Also, this issue is further affected by the fact that California is a community property state and you would have to show that the collector knew that this was not a community debt.

Q2) "Is there any action that can be taken for calling me at the hospital"
A2) No.
 

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