Monica852 Posted April 6, 2005 Report Share Posted April 6, 2005 My Boyfriend gave check into cash my name as a personal reference and now since he is a week past due can he fax them a cease & desist letter to have them stop contacting me and him at work. Link to comment Share on other sites More sharing options...
miracle Posted April 6, 2005 Report Share Posted April 6, 2005 Well, if he only listed you as a reference, you aren't responisble for the debt... So you can tell them to stop calling you. I would tell them this the next time they call. If they do it again send a C&D letter. There is no reason you should be harrassed over another's debt. Link to comment Share on other sites More sharing options...
Monica852 Posted April 6, 2005 Author Report Share Posted April 6, 2005 Well, if he only listed you as a reference, you aren't responisble for the debt... So you can tell them to stop calling you. I would tell them this the next time they call. If they do it again send a C&D letter. There is no reason you should be harrassed over another's debt.Can he send them a C&D letter and keep them from calling him at work. They told him that they will come by his job if he doesn't pay. Link to comment Share on other sites More sharing options...
Methuss Posted April 6, 2005 Report Share Posted April 6, 2005 Until it gets handed off to a 3rd party collector a C&D isn't going to do much good.However, in most States those wonderful little wage assignment contracts aren't enforcable or even legal...check on your State rules on this to see how it best applies to you. A lack of a severability clause in the contract would render the entire contract null if any one part is deemed illegal. Link to comment Share on other sites More sharing options...
miracle Posted April 6, 2005 Report Share Posted April 6, 2005 Until it gets handed off to a 3rd party collector a C&D isn't going to do much good..Yes... But they shouldn't be contacting HER at work should they?There isn't alot you can do as far as them calling your BF, but I really don't think they have grounds to call you at work. Link to comment Share on other sites More sharing options...
Monica852 Posted April 6, 2005 Author Report Share Posted April 6, 2005 Until it gets handed off to a 3rd party collector a C&D isn't going to do much good..Yes... But they shouldn't be contacting HER at work should they?There isn't alot you can do as far as them calling your BF, but I really don't think they have grounds to call you at work. We found something called the Community Financial Services Association of America that says Appropriate collection practices. A member must collect past due accounts in a professional, fair and lawful manner. A member will not use unlawful threats, intimidation, or harassment to collect accounts. CFSA believes that the collection limitations contained in the Fair Debt Collection Practices Act (FDCPA) should guide a member's practice in this area. And Check into Cash is a member.Thanks for getting back with me. I'm just upset because they called me at work about 7 times Link to comment Share on other sites More sharing options...
Methuss Posted April 6, 2005 Report Share Posted April 6, 2005 The reason why I said the C&D won't do much good is that there is no collection law being broken that I'm aware of if it is the original creditor calling. The only thing that comes close is the Federal Telecommunication Act which prohibits phone harrassment...but the employer who "owns" the line has to make a complaint under this law. Link to comment Share on other sites More sharing options...
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