Employment Verification and other ?s

[meghand]

Hi all! New to the forum!

Long story short, my ex and I had several cards together, one was $8000 and was charged off. The other was $13000 owed. The 30 days past due was March 2003. I asked in the beginning for a statement showing what I owed, because I wasn't about to pay all the bills without him paying any. They refused and so I didn't pay anything.

Of course, on my credit report, LHR made it into their account that I owe and the date on that is March 2005. Is the SOL from when the credit card went "bad" or is it from when they say it is??

LHR had it for awhile, now Peak Financial in Colorado has it. They started calling me yesterday and told my boyfriend they have sent certified letters, which they haven't. Which he told them they hadn't.

They then called my work and faxed over an employment verification to my employer asking for my position, title, date of hire, date of separation and my monthly salary or commission. They also asked for the name and address of the person for payroll.

Also on this fax, which was not addressed to anyone in particular, they put my name and SSN...which is really disturbing. Is this legal??

My boss is great and doesn't want to do anything, she feels that they shouldn't be putting my social out there for everyone to see! '

Is this one of their scare tactics and what do you guys think I should do?

Also, do I have to worry about being sued? This account I was the main cardholder on, but my ex was the co-signer.

Thanks for any help!

[Fizzle1979]

I know my employer (I live in TX) does not give out any information but employment date(s) and pay rate. And I *THINK* my employer makes the person or company requesting the information provide proof that that employee authorized that person or company to request the employment verification. I can't answer any of your other questions.

Actually I'd tell my emploer to not respond to that request. I'm pretty sure legally the employer does not have to provide them with ANY information. Epseically if you request they not respond. Just my two cents.

[meghand]

Thanks Fizzle for your input! She's really great, already contacted the labor board about it. I'm just amazed they sent my social over via fax...who knows who could have got it!

[meghand]

Update---They called my boss's mother in law in reference to me! Is that legal??

[Fizzle1979]

Well first off it sounds like these people want to talk to you. Send a letter to them CMRRR telling them to stop calling you at work, or any other place looking for you. Tell them you will can only conduct business with them via written document. Tell include a mailing address that they can contact you at.

Again unsure about the calling?

Who is LHR?

[mdk003]

Update---They called my boss's mother in law in reference to me! Is that legal??

Are you kidding??

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm#805

( 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.

That's totally a violation. They sometimes can claim that they are "locating the debtor" when they call your family. But since they know where you are they can't even make that defense. Not to mention how would calling your boss at home be relevant? This is pure harassment.

I hope you are documenting everything. Keep a log of all events, and get notarized statements from each person they contact.

[mdk003]

Long story short, my ex and I had several cards together, one was $8000 and was charged off. The other was $13000 owed. The 30 days past due was March 2003. I asked in the beginning for a statement showing what I owed, because I wasn't about to pay all the bills without him paying any. They refused and so I didn't pay anything.

OK, first off, if you are both on the account...they can hold either or both of you responsible for the debts. They just can't collect it twice. Did your divorce settlement say who was responsible for this debt?

Please note that even if the divorce decree says that ex is responsible for it all...the collectors can still come after you. The decree isn't binding on them. However, if you pay it, and the ex was supposed to...you can now sue the ex for the amount paid. Lawsuits all around!

Of course, on my credit report, LHR made it into their account that I owe and the date on that is March 2005. Is the SOL from when the credit card went "bad" or is it from when they say it is??

SOL starts from the first missed payment (well, give or take). When was the last time you were paying this account as agreed? That's the date that matters for SOL.

Please note that making any payment, or agreeing that the debt is yours can sometimes restart the state SOL.

LHR had it for awhile, now Peak Financial in Colorado has it. They started calling me yesterday and told my boyfriend they have sent certified letters, which they haven't. Which he told them they hadn't.

Technically a violation. They shouldn't be talking to anyone but you.

They then called my work and faxed over an employment verification to my employer asking for my position, title, date of hire, date of separation and my monthly salary or commission. They also asked for the name and address of the person for payroll.

This seems like harassment to me. Since they don't have a judgment, they have no legal authority to garnish your wages.

Also on this fax, which was not addressed to anyone in particular, they put my name and SSN...which is really disturbing. Is this legal??

I believe this would be an additional disclosure of your debt to third parties. SAVE THAT FAX!!

Also, do I have to worry about being sued? This account I was the main cardholder on, but my ex was the co-signer.

Possibly. I don't know what the SOL is for your state. This is definitely enough money to sue over. However, if you are past the SOL, you have a defense to the suit: it's time barred.

Your ex doesn't really affect this situation, as I said above.

[meghand]

Thanks guys. LHR is another collector who bought the debt the first time and tried all sorts of tactics to make me pay. Now Peak has it (they ran a credit check on me Monday from what my report says.) This is the first time I've been contacted at work and other places!!!

They called work today and my co-worker told them that we are not allowed personal phone calls and that this is a business number. They asked if I worked there and she told them that she was not allowed to give out that information. She then repeated that we are not allowed to receive personal calls and then the person hung up on her.

They left a message on my boss's mother in law's machine...thank goodness she wasn't there, as she is elderly and tries to be helpful! I was totally floored. My boss told her if they call again to tell them they have the wrong number, since my boss doesn't live there. It's insane!!!

I'm documenting everything, have the faxes to work, my boss and her family are like family to me. I'll have to get a notraized statement next.

Do you think it is time to file a complaint?

[meghand]

Thanks md, it's a boyfriend ex, so there is no divorce...don't know if that is good or bad, lol. He filed for bankrupcy, since his parents are very wealthy and he owned a lot of property, he moved everything into their names...from what I heard.

I haven't made a payment since March 2003. I kept paying after we split up in November 2002, until I could resolve splitting up who owed what. Well, he didn't want to do that, told me I could pay it all myself or get back together with him...fun. So of course the credit cards wanted to be paid, they didn't care about splitting it up...and I wasn't going to pay it all myself.

The only thing is, when the LHR debt collection place took over my debt, they made a new starting date...is that right? I thought they can't do that and the SOL is last payment made, even if it is bought by a new company? I have never paid a dime to anyone from any debt collection place or the credit card company since March 2003.

[meghand]

I just want to say thanks again to everyone for their help, it means a lot to me, as this is a really daunting and kind of scary thing.

[mdk003]

Well, that's bad about the ex. If he did file for bankruptcy, then I suspect both you and the creditor have no claim. Maybe someone who knows BK law a little better could advise? However, what you describe sounds a lot like bankruptcy fraud to me. If you have evidence of it, you might let the bankruptcy courts or trustee know, because it could invalidate his BK.

It doesn't matter when a debt collector gets the account. The only date that applies to the SOL and the credit reporting agencies is that last payment in March 2003.

I would suggest that you begin following the procedure outlined at this site. First, write to LHR and demand DV (debt validation; see the link at the top). In your letter, I would summarize the things that they have already done that are illegal. I like to do this because it begins a paper trail in which you document what they did.

Example (you obviously would clean this up considerably):

Dear scumbags at LHR,

On July 24, 2007 you called my home, my work and my boss's home. You talked to the following individuals: Mr XXX, Mrs XXX, Ms XXX. You sent a fax containing my personal information. As you are well aware, it is a violation of the FDCPA to communicate with third parties regarding my alleged debts. In addition, you have not provided the initial communication required by the FDCPA.

I am writing to request that you provide proper validation for this alleged debt. Specifically, [bla bla bla]

I am also requesting that you do not contact me at work, as such calls are prohibited. In addition, do not communicate with any other person regarding this matter.

The DV letter requires that they stop collecting and prove you owe the debt. In this case, it provides yet another opportunity for them to violate the FDCPA, and further your case against them. These guys are incredibly stupid, and are racking up violations like crazy.

[meghand]

I haven't received anything in the mail yet...yet they called 9 times yesterday and my job twice. The first time I told them we're not allowed to accept personal calls, the second time they asked for my boss.

Should I send the letter (even though the bad part of me wants to leave the "Dear Scumbags at LHR") and file a complaint?

[Sky Warner]

Call the police or go visit your local prosecutor.. this is harrassment and they WILL put a stop to it.

They prosecuting attorney locally will help you..trust me... I did it before and never got a call again.

That is harrassment.. that is beyond the scope of debt collecting. 9 times a day... 2 at work... calling boss mother in law....

those are big time problems

[mdk003]

I would suggest that you write the DV letter, and get that sent off (certified mail, return receipt requested, of course).

Next, file a formal complaint with your state Attorney General's office. Detail exactly what happened here. The AGO will investigate, and probably do nothing, but it usually scares the collectors enough to back off.

Filing an AGO complaint will not remove your ability to sue for their violations later. It also shows the collector that you know the law, and will not be pushed around.

[meghand]

Great guys! Thank you! They called work again, boss's mother in law again...my cell twice today so far.

Again, thank you all for the help! I just can't believe the kahones on these people!