tysonbodavis

CA bullying elder

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There has been a ca calling my parents who are elderly regarding a co cell phone bill. My parents are nervous and scared. I have previously advised my parents not to speak with any bill collectors for any reason but they still do. well to make a long story short, the bill is for a sibling and my parents initially agreed to pay in small pmts they could afford, the ca advised its all or nothing, if parents cant pay all then they will list as refusal to pay which scared parents. the ca then advise parents to charge pmt. parents said they have no charge card. ca then advised "yes you do you have abc acct and you make mo pmts of $1.00. Can ca relay info from cr to consumer in trying to collect? and since parents confirmed bill is there any other option other than to fight w/ ca?

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depending on where you live confirming it over the phone doesnt matter.. in some states that has to be in writing...but it this case it doesnt' matter since the bill was not theirs to confirm.

That CA is only trying to get money, he can NOT sue your parents for your siblings bill. WHATEVER they do tell them NOT to send payments of any kind.. an account number in a CA's hands could be a bad thing.

Your parents need to HANG UP and not do anything that is not in writing. It is a hassle but they do go away. So tell them from this point on to not have any contact with them via phone. They are looking for a quick payday and now that your parents have spoken to them and tried to negotiate something they are going to try to get what they can but in short they have no case.

Your sibling is responsible for the bill.. your parents are in the clear.. Also you need to send a certied C&D letter to them to have them stop calling your mom and dad. This should end the problem with them.

Now if its sold to another CA this of course can start over again. Also they can not LIST anything on a CR for them.. in short they are NOT on the bill they are not liable.. this collector is harrasing and using illegal tactics to try to get $$.. they are banking on the fact that your mom and dad are uninformed regarding the laws and are taking advantage of this fact.

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parents said they have no charge card. ca then advised "yes you do you have abc acct and you make mo pmts of $1.00. Can ca relay info from cr to consumer in trying to collect? and since parents confirmed bill is there any other option other than to fight w/ ca?

They've committed a criminal offense by pulling your parents credit report.

Obtaining information under false pretenses [15 U.S.C. ยง 1681q]

Any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined under title 18, United States Code, imprisoned for not more than 2 years, or both.

I'd suggest you contact your state attorney general.

Additionally, every time they call your parents and allege they owe a debt which isn't theirs, they violate the FDCPA.

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You didn't mention whether or not the parents agreed to assume liability for the cell phone account originally. If they co-signed then they may be liable for a default. If they had nothing to do with it, then they should simply inform the collector they will not be held accountable and that should end the matter. Is it possible they would rather assume the debt in order to protect the real debtor?

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Thanks to everyone for prompt responses. I'm sorry, yes, i did forget to mention one small factor is that they are cosigners.

that ONE small fact is vital.. that does change things.. then they are indeed liable for the debt. however like lady in red says make sure its not within the SOL and it still stands do NOT talk to them via phone.. not now not ever... everything needs to be done in writing

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