Jump to content

Attention tomigrl85


divemedic
 Share

Recommended Posts

In answering this note:

my husband worked for ford dealership and we had 2 loans through ford. we had filed chap 13 then cancelled it. in meantime we became very delinquent on loans. ford was talking to employer about delinquencies. hubby's mgr came to him and told him that they had caught up payments for him and would just make deductions from his check to catch up amt. he never signed anything. several payments were taken out of his check before he left to go to another ford dealership for more pay. prev emp never gave him his last check. we did not really have $$ at time to pay but told them we would attempt to pay them soon but would like last pay stub to show where they had applied check to debt and statement of all payments and amt owed. did not send us any info. sent letter addressed to new employer for bill showing more than orig amt. prev mgr called owner of new co and new mgr and talked to both of them about debt, that he had done a poor job for them and they were going to repossess his truck if they were not pd.

talked to a friend last wk that said she ran into the wife of employee of old employer at wal-mart and she was telling her how my husband was fired for stealing from the company, another friend told me she had been told we owed them money. this week another letter came addressed to employer. i am outraged, my husband was hired to take over as a manager of his new job but after 1st letter surfaced was mysteriously passed over for job and now feels like his reputation is ruined in car business. i sure i need to talk to an attorney, just want to make sure it will really be worth our while to pursue. any suggestions would be appreciated. did we mess up by not telling them to back off at 1st, my husband didn't know what they were doing wasn't legal and just took it.

There are 3 issues with your situation:

1 Was there a writeen agreement with the former boss to pay?

2: I don't believe you hava Federal Credit complaint. What I think you have here is a defamation complaint. Whether you told them to back off or not, you have grounds for a suit here. You just have to prove it. Are any of the witnesses involved willing to testify? If not, can you get a neutral 3rd party to call them, perhaps posing as an employer looking for a reference? Perhaps hiring a private investigator to call for you would work.

Link to comment
Share on other sites

just to clarify, and so i make sure i am understanding correctly. this really had nothing to do w/ empoyment. current employer did not request any info from prev emp. they sent letters and called in an attempt to collect a debt and i thought that was illegal to discuss that information with anyone else. are you saying because the alleged creditor is a previous employer they are not affected by the same laws. (conversation w/ mgr went something like this "hey your employee owes us money what r u going to do about it, how's he gonna get to work when we reposses his truck, oh and by the way he sucked as a mgr.) i am not trying to be difficult, but surely this can't be legal.

From what I can gather Ford Financing is calling DH's current employer (and not his ex-employer Ford Dealership X)? If that is the case, you should write Ford Financing a C&D letter immediately with express instructions to contact you at your home address by written notice only. I was a bit confused as to who was calling the current employer. An ex-employer *can* but a creditor cannot.

You should also have records as to how delinquent you were in both loans. Use the pay stubs you have and demand a last pay stub if ex-employer didn't give you one and figure out how much more you need to pay to get current. Then start sending in weekly or bi-weekly checks to get current.

Link to comment
Share on other sites

After reading all the posts again I am really confused. Just so we are clear, Ford Financing (although a subdivision of Ford) isn't DH's employer. Ford Financing is DH's creditor. Ford Dealership is his ex-employer.

1. Who is calling his current employer? Is it Ford Financing or Ford Dealership?

2. Who is spreading the rumors?

Link to comment
Share on other sites

Apparently, tomigrl85's DH worked for a Ford Dealership. They had a vehicle financed through Ford Financing and fell behind in pmts. The dealer (without being asked) paid the account current on behalf of the DH and took the money from his payroll. DH quits and gets another job, former boss calls new boss and poisons his job with claims. DH gets demoted, former coworkers are told he was stealing money, deadbeat, etc.

BTW- Issue 3 was that under some state laws, old Boss can be considered debt collector for Ford Fininacing. But I do maintain that there is a defamation claim here. Old bosses CANNOT call new bosses and talk trash. An old boss can only give the following information IF ASKED: Dates of employment, rate of pay, title, and whether or not the employer would hire them again.

Defamation requires 3 tests:

1 That the information was false

2 That it was told with the intent of harming one's charachter or reputation

3 That a financial loss was suffered as a result

Original thread: (see tomigrl85's posts)

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=25900

Link to comment
Share on other sites

exactly correct. ford credit says we are current, no problem w/ them whatsoever and old employer does not have any clain against vehicle even though they try to threaten that they do. let's call old emp smith ford and new emp jones ford. smith ford is sending past due notices addressed to jones ford and also calling jones fords owners and manager trying to collect this debt but also talking trash. mgr from smith ford is telling it's current employees that we owe them money, have stolen money etc. they are not contacting my husband at all anymore only communicating with jones ford. owner of jones ford is very strict about not even wanting to hire people bad credit. now he has passed husband over for mgr possition he was promised when hired and he thinks he may be about to get fired. he previously worked for smith ford for 5yrs, 3 as a mgr, received awards from ford, was never written up or disciplined in any way. now he feels he can not even get another job in this field because of this. husband is getting very depressed, he has never been fired in his life. contacted an attorney's office but cannot seem to get them to call me back. hope i have made this more clear. i am just very angry and frustrated about whole situation. it is causing alot of stress in our family. i would like to have someone call to see what kind of reference they give him. would a investigator be the best person to do this or is someone else a possibility? thank you all for your responses. by the way if it makes a difference we are in the state of missouri.

Link to comment
Share on other sites

The best person to call would be an impartial third party. I would be considering a suit against the original boss for defamation also, I would look into my state laws on debt collection. For example, here in Florida, one does not have to be a debt collector to violate the consumer collection laws.

I would go for lost wages and any othe rdamages I could think of. If you can't find a lawyer, do it pro se.

Link to comment
Share on other sites

Call your Department of Labor on this to get the ball rolling. As divemedic pointed out, those items are the only things anyone can legally say to another. Also ask if it is legal for FMC to discuss with your boss in the first place.

I would almost be tempted to call Ford Motor Company themselves and explain what is going on. I know for a fact that manufacturers do not appreciate their franchisees acting like this as it reflects on their company as a whole. Then, when you add Ford Credit doing this, it may add to the fire. Think about it.

Also, as was mentioned, if there was not a legal contract signed, then you should not be held liable. But, at the same time, it could be considered legitimate if he did not stop the deductions at the beginning. True, a good argument would be he was afraid of losing his job, but, how would it hold up. You definitely need to get this started before it gets more out of hand to where there is little chance of repairing his character.

Link to comment
Share on other sites

been working on this most of the day. here's what i've found. talked to ftc seems that they are not considered a creditor, so it does fall under a labor issue.

called us dept of labor talked to very nice lady that seemed to think this fell under bad referral and privacy issues, she sent me to their referral line who told me there is nothing they can do, sent me to mo dol, who transferred me to mo dol labor standards who told me to contact attorney. someone, i think on referral line for usdol told me to send cease & desist letter to employer and if they did not violate that was nothing we could do. getting very frustrated. seems they are fitting into every whole in law.

called & left message w/employment law attorney...no response yet. also lm w/ mo bar assoc for referral w/ no response.

calling ford may not be bad idea but i think i would like to talk to attorney before doing that. thanks for all help

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.