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CA called my brother! What now?


tigerlily
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My brother lives 800 miles away in another state and we don't even have the same last name; but he called to tell me he received a call today from someone looking for me. He gave me the number they left and I called it.

It's Creditor's Interchange. My Chase card literally just charged off last week and now these people are calling my brother? They have called me at home the past week, but I never talked to anyone. They leave a message on the answering machine and I googled the phone number to find who it was.

I have received nothing in writing from them yet.

How they got my brother's name and phone number is a mystery because I've been married 10 years and never lived at his address. Any ideas?

Meantime, how do I handle this? Wait for something in writing and then send a DV? Or send a DV pre-emptively? I don't like them calling family members.

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They got your brother's name and number from your original credit application, most likely. Creditors don't ask for personal references to check your creditworthiness. They ask so they have relative names and numbers to track you down with if you default.

The FDCPA allows them to call your relatives and friends in an effort to locate you. Once they know (and confirm) where you are and how to contact you they are no longer allowed to contact others.

Ignore the calls. Collectors are trained in methods to extract payments and agreements. If you talk to them on the phone you may inadvertantly waive some or all of your rights. So wait for the letter from them. Then, once you get it, send a validation letter within a few days asking them to prove it. It appears you know this debt is yours, and we don't condone fraud here, so what I'm replying with is just a procedure to stall for time while you figure out what you want to do about the debt.

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Thanks for the info, Methuss!

I had spoken to the OC right before the debt charged-off and asked to get on a hardship plan as I am not working at the moment; but was told that they couldn't do that for me. So I knew the debt was about to charge-off; I just didn't expect the CA to contact a family member immediately when I have lived in the same place 10 years...just talked to the OC...and haven't received anything in writing from the CA yet.

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They got your brother's name and number from your original credit application, most likely. Creditors don't ask for personal references to check your creditworthiness. They ask so they have relative names and numbers to track you down with if you default.

The FDCPA allows them to call your relatives and friends in an effort to locate you. Once they know (and confirm) where you are and how to contact you they are no longer allowed to contact others.

Ignore the calls. Collectors are trained in methods to extract payments and agreements. If you talk to them on the phone you may inadvertantly waive some or all of your rights. So wait for the letter from them. Then, once you get it, send a validation letter within a few days asking them to prove it. It appears you know this debt is yours, and we don't condone fraud here, so what I'm replying with is just a procedure to stall for time while you figure out what you want to do about the debt.

Can s/he send a C&D letter to them so they don't call anyone else any longer?

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Can s/he send a C&D letter to them so they don't call anyone else any longer?

I would never do that unless its out of SOL and she indicated it was not.. if you C&D them you can pretty much bet your next contact is a lawsuit. .. since its the only option open to them after that type of a letter.. a DV serves the same purpose in alot of ways.. not to say they wont respond with suit but its less likey

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I wouldn't send a C&D letter. The debt is so new that a C&D letter may push them into suing prematurely. Something that I did seem to work pretty well. I mailed a letter to the OC and the CA explaining that I could not recieve phone calls at my place of employment or it would cost me my job and to also cease phone calls to third parties. I closed the letter with the way to reach me by giving them my address and home phone number. I still get calls but I don't aswer them. At least my family and friends are not getting calls now.

Just a thought. It worked for me.

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I wouldn't send a C&D letter. The debt is so new that a C&D letter may push them into suing prematurely. Something that I did seem to work pretty well. I mailed a letter to the OC and the CA explaining that I could not recieve phone calls at my place of employment or it would cost me my job and to also cease phone calls to third parties. I closed the letter with the way to reach me by giving them my address and home phone number. I still get calls but I don't aswer them. At least my family and friends are not getting calls now.

Just a thought. It worked for me.

Yeah, this seems to be the best option. Puts them on noticed and at least you're the only one getting collection calls.

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