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Creditor called and mailed third parties and harrassed them.


UphillBattle
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This may be long, but please bear with me.

I have been looking into cleaning up my credit for the last few months because my husband and I want to sell our house and buy another one. I have managed to get a few removals of old stuff with the normal dispute process, but there are some anomalies that I only began to understand after a call from my ex-husband the other night.

Basically, a few creditors have been harrassing him and his wife about my old debts. Most of these are in the 2 years old range. I have never lived at his address or phone number, but somehow, his house is listed as my current address on EX and TU. EQ has my correct address, where I have lived for 4 years.

They asked for me by using all of my maiden and married names and said "or whichever alias she is using right now." This rude CA on the phone said this was about my Capital One account. I believe this individual has attempted to call me at work, but I told her not to call there and hung up.

My ex threw out most of the letters, but he still has one of them. He is going to forward to me so I can try to figure out where these are coming from. So far there is nothing on my report for collections, just the original TL. They are incorrectly reporting CO every month on Experian instead of charged off 2 years ago.

Question is, is this any violation of the FDCPA, and can I credibly threaten a suit for deletion of my Cap One TL? Is it a violation of any law to randomly change my current address and harass the residents of that address for multiple collections?

Funny thing is, I'd pay for a deletion of any of my old debt, but the law just doesn't encourage it. You have to seek "backdoor" methods to get it fixed.

Separate question. If a creditor can't reach you by phone, are they obligated to communicate information by mail? I have another issue with MBNA that I may need that answer for.

Thanks for your help ...

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15 USC 1692c states in part:

B) COMMUNICATION WITH THIRD PARTIES. Except as provided in section 804, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than a consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.

© CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --

(1) to advise the consumer that the debt collector's further efforts are being terminated;

(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or

(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.

If such notice from the consumer is made by mail, notification shall be complete upon receipt.

(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

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Separate question. If a creditor can't reach you by phone, are they obligated to communicate information by mail? I have another issue with MBNA that I may need that answer for.

First off why would you communicate with a creditor by other other method than CMRRR?

You're asking for trouble by talking on the phone...

(check out the fifth post in this thread by DocDon...

http://debt-consolidation-credit-repair-service.com/phpBB2/viewtopic.php?t=14811

I have never lived at his address or phone number, but somehow, his house is listed as my current address on EX and TU. EQ has my correct address, where I have lived for 4 years.

One of the stickys here states that the first step to credit repair is to remove all old addresses and ensure that your current address is accurate on all three bureau reports.

Probably, some JDB has found your Ex's name in Criss-Cross and posted the account under this new address.

(The second step is to opt out of all offers and get off the mailing lists.)

They asked for me by using all of my maiden and married names and said "or whichever alias she is using right now." This rude CA on the phone said this was about my Capital One account. I believe this individual has attempted to call me at work, but I told her not to call there and hung up.

My ex threw out most of the letters, but he still has one of them. He is going to forward to me so I can try to figure out where these are coming from. So far there is nothing on my report for collections, just the original TL. They are incorrectly reporting CO every month on Experian instead of charged off 2 years ago.

Yes there are violations here. I believe the key is to prove willful violations. So you need to get 2 documented violations before you file suit.

(One of the other more experienced forum members here can confirm or correct this...)

You have an additional problem... It sounds like these debts are within SOL so if you start messing with the accounts then they might go for judgements. If you have the money to pay then no problem but the next step you make must be thought out carefully before you act.

You need to fix you addresses at the Bureaus, get this letter from your Ex and start from there...

Good Luck,

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The title says creditor, but the body of the post says CA. Which is it really? It does make a difference.

The original creditor is not subject tot he FDCPA unless they use a false name that would lead an unsophisticated person to the belief that a 3rd party debt collector is involved. Outside of that happening, an original creditor can harass you and your family until the sun explodes. It's not ethical, but it isn't illegal either.

A debt collector not employed by the original creditor (meaning paid by someone other than the OC) is subject to the FDCPA and much of what you describe would be violations.

Now the issue about his old addresses showing up on your credit report has nothing to do with the FDCPA. If an original creditor or a debt collector added it to your file, then that is an FCRA violation which is a whole nother ball o wax.

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To add to Methuss is saying, it would help if you let us know what state you are in. Some states, such as California, hold the OC liable under the FDCPA, while others don't. You will need to check your state's laws to be sure where they stand. If not, then you would have to determine if they are, or are not, a 3rd party.

As mentioned, the address problem is a FCRA matter. You need to get those addresses removed. Send a dispute to the CRA's clearly stating you never resided at those addresses, along with any other incorrect personal info, such as how they report your name. We only use our First, Middle Initial, and Last when delaing with any potential creditor. This way, we keep only one name on our file. And, yes, you must assure that, if applying by phone, that the CSR who takes your info is entering it as you tell them to. Sometimes you have to really stress the issue by explaining your reason for this.

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To be honest, I don't think my ex-husband knows if it was Cap One or a CA. The one that called my work was a CA, so I assumed it was CA that called him. Thing is, I can't do anything about this until I can figure out who is calling and writing who.

Thanks for the replies. I will wait on the letter he is forwarding and see what it is, and I will dispute the names and addresses. I am in Georgia.

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You have an additional problem... It sounds like these debts are within SOL so if you start messing with the accounts then they might go for judgements. If you have the money to pay then no problem but the next step you make must be thought out carefully before you act.

Yes, these are in SOL, and I would settle for a deletion of all negs with no problem. The credit limit on this card was $500, and I would happily fork over that much, as I actually got something for it. I suppose my biggest concern is what leverage I have to get that deletion.

The other concern is that my address changed on two CRAs without my applying for credit or any other legit reason. Some idiot just changed it, and I can't believe that there isn't some kind of violation there. I didn't even know my ex's new address or phone number. To say the least, this a smidge embarrassing, and that is what some of these laws were designed to prevent.

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Yes, these are in SOL, and I would settle for a deletion of all negs with no problem. The credit limit on this card was $500, and I would happily fork over that much, as I actually got something for it. I suppose my biggest concern is what leverage I have to get that deletion.

in a word - Violations.

Document them, but don't let them know you are knowledgable until your ready to pounce.

The other concern is that my address changed on two CRAs without my applying for credit or any other legit reason. Some idiot just changed it, and I can't believe that there isn't some kind of violation there. I didn't even know my ex's new address or phone number. To say the least, this a smidge embarrassing, and that is what some of these laws were designed to prevent.

These are two seperate issues.

1. CA Collection violations by calling your EX.

2. Credit Bureau Violations -

IMHO -These are tougher and may not be worth pursuing because they won't delete the items in question just because they messed up your address. Others here may have better info on this than me...

The CRAs are terrible at what they do, what else can you say. Just fix the addresses as fast as you can, and focus on those CA violations to get the results you want.

Good luck,

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Two seperate issues.

1 Issue with Cap one- they are incorrectly reporting the DOLA. That is an FCRA violation and that is the key to getting deletion

2 Issue with CA contacting 3rd parties. That is and FDCPA violation.

Check your state laws, you may be able to get Cap 1 on other violations as well.

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These companies never learn do they? The tactics they use are applied accrossed the board without reserve. I am suprissed that there hasn't been a class action lawsuite filed by now against these JDB and CA's over their harrassment tactics.

This just goes to show you that this tactic works more often than not. Hense they keep using it.

I wish to GOD I knew the law before I ever delt with the SOB's I delt with.. I would own those Mother****ers if I had.

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Loser, I am sure there is a formula applied that allows for X number of suits per successul collection. The difference is their profit.

Update, of sorts. A collector from OSI called here yesterday and refused to tell my husband who she was until he browbeat her. She finally said "Barbara" and later "OSI". At one point she said "we're gonna get this money". Whatever money she is referring to. She was being both cagey and stupid at the same time. When he said he was recording the conversation, she hung up. He wasn't recording.

I know it is best not to talk to them, but to my husband it is a blood sport and pretty funny. I hope she didn't hear me giggling in the background when he said "don't be coy, Barbara, who do you work for?" She never did say who the debt is for and I have nothing from OSI but a hard inq. on my credit report. Is there anything to be done at this time or wait for a letter? This very well may not be the same one that called my ex.

One disturbing thing about all this is that with all the plain envelopes they use, we probably throw away most of their notices. There are four adults living here, and unidentified mail is often considered junk mail and pitched. I am starting to sort through it better now,but much is lost to the garbage.

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120-1-14-.25 Use of Debt Collectors; Agreement.

Every creditor shall be presumed to know that any debt collector engaged by the creditor will be an agent of the creditor and will be acting for and in behalf of the creditor in connection with the collection of any debt allegedly owed the creditor. Every creditor shall be absolutely responsible for observance of these rules and regulations by the debt collector in connection with all activities of the debt collector so far as they are taken in collecting or attempting to collect any debt allegedly owed to the creditor, and it shall be no defense to the creditor that any violation complained of was not an activity of the creditor himself or itself. Before engaging any debt collector, a creditor shall require the debt collector (or a responsible officer of the debt collector) to execute a sworn certificate under the penalty of perjury, that he has read and understands each and all of these rules and regulations pertaining to debt collection and that each and all of them will be carefully observed in the activities of the debt collector.

The above is a GA code that seems to imply that the OC is responsible for what the collector does. Should I include the OC in my ITS once it gets to that? Of course, I would like the TL deleted along with the collection.

I got the letter from my ex. It is from United Recovery Systems regarding a Citibank account. So, basically Citibank has not given the collector valid information about me, they found the erroneous address on the CR. Hopefully this means that they can't validate. I am still well within the 30-day window.

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