Anonymous Posted April 17, 2003 Report Share Posted April 17, 2003 I am in PA, if I ask an OC to stop calling my work place they must oblige. I have 2 creditors First USA and Universal Card who continue to call. Hopefully yesterday I got a "nice" collector and she will get the calls to stop. I told them I was prohibited from calls at my job. My question is MBNA is leaving messages on my inlaws machine that I have told them, my mother in law has told them, that I do not not live there. When I changed numbers I called MBNA and told them. In March I told them on numerous occasions. Still every 3 days they call. If my inlaws are not there, they leave messages my message yesterday said that my account was pasted on to "Gerry" because I refused to talk to the other collectors who called me. It gave my last payment date and that my account was seriously delinquent. I was mortified when I got the message from my mother in law, she even kept the message. I called directly to MBNA and was told that since I do not answer my own phone that is why they are calling there. He said "you got the message didn't you". I told him again not to call there, he said he would take care of it, but they continue to call. He then asked for my father in laws name. Like a dummy I gave it. Why would they need that? Is there anything I can do to stop this? I am nearing charge off, I will probably be forced to file bankruptcy. MBNA did ask me what my intentions were since I am at charge off status, then he said are you planning to file? I said I am weighing my options. He said he would make a note in my file contemplating bankruptcy. I am terrified now that they will still call my inlaws.Why does he need his name? Will they call to clarify this info, my inlaws do not need this. Do I have any grounds? I found a lawyer who I can retain for 300 dollars, he said he would file for me when I paid the whole bill, which is 900 dollars. In the mean time he will handle to calls from creditors once he is retained. The lawyer I really want needs 500 to be retained, and 400 in 30 days. I have no money to pay if I get sued, or to retain the lawyer or pay the creditors, but they call everyday. I must not be interpreting PA laws correctly, because I thought they could not contact me everyday if they discussed the debt with me, yet MBNA calls every 3 days. Link to comment Share on other sites More sharing options...
kb9tbq Posted April 17, 2003 Report Share Posted April 17, 2003 Get the tape they left for the in-laws. Contact your local states attorney on the matter. And see if he can do something to help you in this matter.Have you check with other bankruptcy attorneys to see if you could find one that charges less?I would think the reason they wanted the name; was to persue a more personal approach to harrassing your in-law. Hopefully not; just a possiblility.Call the states attorney today for sure though. Link to comment Share on other sites More sharing options...
Anonymous Posted April 27, 2003 Author Report Share Posted April 27, 2003 hey hey...you are being harrassed!!!let me tell you...first if you told them to stop calling you at your work number, they should oblige and take note of that. if not, that is harrassment. second, they are calling your inlaws house and your mom inlaw told them to stop calling, thats harrassment!!! anyway, is that number listed under your parents in laws name? if thats the case they have all the rights to claim harrassment. third they left a msg in their answering machine about the debt, wow, keep that tape friend bec that is totally harrassment. look, all of us are protected by FDCPA law which states the right of every debtor from harassments of creditors and other agents. now, dont waste time. call the creditor and tell them that you are going to sue them the next time they call you at work or your work #. if you dont like to leave your new # where they can reach you, its ok. its not your obligation by the way, it is their responsibility to find you. another thing, everytime these collectors call you, they have to recite the mini miranda. it goes like this "this is an attempt to collect a debt and any info obtained will be used for that purpose", if they fail to recite that to you, thats another MAJOR VIOLATION. let them know that you know your rights. so they will stop bugging you. Link to comment Share on other sites More sharing options...
cookiemnster Posted April 28, 2003 Report Share Posted April 28, 2003 <blockquote>Originally posted by emerald014hey hey...you are being harrassed!!!let me tell you...first if you told them to stop calling you at your work number, they should oblige and take note of that. if not, that is harrassment. second, they are calling your inlaws house and your mom inlaw told them to stop calling, thats harrassment!!! anyway, is that number listed under your parents in laws name? if thats the case they have all the rights to claim harrassment. third they left a msg in their answering machine about the debt, wow, keep that tape friend bec that is totally harrassment. look, all of us are protected by FDCPA law which states the right of every debtor from harassments of creditors and other agents. now, dont waste time. call the creditor and tell them that you are going to sue them the next time they call you at work or your work #. if you dont like to leave your new # where they can reach you, its ok. its not your obligation by the way, it is their responsibility to find you. another thing, everytime these collectors call you, they have to recite the mini miranda. it goes like this "this is an attempt to collect a debt and any info obtained will be used for that purpose", if they fail to recite that to you, thats another MAJOR VIOLATION. let them know that you know your rights. so they will stop bugging you. </blockquote>In most instances the OC is not bound by the FDCPA. Link to comment Share on other sites More sharing options...
cha0sman Posted April 29, 2003 Report Share Posted April 29, 2003 <blockquote>Originally posted by cookiemnster<blockquote>Originally posted by emerald014hey hey...you are being harrassed!!!let me tell you...first if you told them to stop calling you at your work number, they should oblige and take note of that. if not, that is harrassment. second, they are calling your inlaws house and your mom inlaw told them to stop calling, thats harrassment!!! anyway, is that number listed under your parents in laws name? if thats the case they have all the rights to claim harrassment. third they left a msg in their answering machine about the debt, wow, keep that tape friend bec that is totally harrassment. look, all of us are protected by FDCPA law which states the right of every debtor from harassments of creditors and other agents. now, dont waste time. call the creditor and tell them that you are going to sue them the next time they call you at work or your work #. if you dont like to leave your new # where they can reach you, its ok. its not your obligation by the way, it is their responsibility to find you. another thing, everytime these collectors call you, they have to recite the mini miranda. it goes like this "this is an attempt to collect a debt and any info obtained will be used for that purpose", if they fail to recite that to you, thats another MAJOR VIOLATION. let them know that you know your rights. so they will stop bugging you. </blockquote>In most instances the OC is not bound by the FDCPA. </blockquote>They really should be...i remember Discover Card telling my parents about my debts and stuff...that really wasnt too great....i wish there were laws that OC's had to abide by Link to comment Share on other sites More sharing options...
LadynRed Posted April 29, 2003 Report Share Posted April 29, 2003 There are in some states. In CA an OC is held to just about the same restrictions and a 3rd party collector ! If the states would all pass that kind of consumer protection law, we'd ALL be better off for it ! Link to comment Share on other sites More sharing options...
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