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my husband is an idiot


kkcia
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So, I am one of the lucky ones being pursued by Cambece for an Aspire Visa. Apparantly they contacted my father-in-law and brother-in-law in an attempt to locate me. I recently moved from Florida to Connecticut. Anyway...my husband called them back and made payment arrangements with them. He gave them his bank information. Well, when payment number two was supposed to post the funds were not available. Lisa Twist (or Twiss) called me and was SO NASTY to me telling me I was trying to skip out on this debt. And said that I did not leave forwarding address information with the USPS. Just plain rudeness and trying to make me feel like I am a deadbeat. I denied everything. But, is it even legal for them to speak with my husband about a debt that doesn't belong to him?? And now that a payment has been made on this account can I still DV them? Will they be able to take funds from his account? Thanks to all who respond!!

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So, I am one of the lucky ones being pursued by Cambece for an Aspire Visa. Apparantly they contacted my father-in-law and brother-in-law in an attempt to locate me. I recently moved from Florida to Connecticut. Anyway...my husband called them back and made payment arrangements with them. He gave them his bank information. Well, when payment number two was supposed to post the funds were not available. Lisa Twist (or Twiss) called me and was SO NASTY to me telling me I was trying to skip out on this debt. And said that I did not leave forwarding address information with the USPS. Just plain rudeness and trying to make me feel like I am a deadbeat. I denied everything. But, is it even legal for them to speak with my husband about a debt that doesn't belong to him?? And now that a payment has been made on this account can I still DV them? Will they be able to take funds from his account? Thanks to all who respond!!

Check the laws for your state, but in Massachusetts (and this might be federal but I'm just not sure) they specifically CANNOT make arrangements with the spouse of the account holder unless they have permission IN WRITING from the account holder to do so.

They will USUALLY, if you do want a spouse to negotiate, take verbal say-so on the phone, but then require it in writing later as well to make it official.

Of course this slimy debt collector isn't following the rules, are they? DO NOT be intimidated by them. If the debt is real, you can work it out. If the debt isn't real, you can fight it.

HOWEVER, I'm pretty sure this particular thread belongs in the "debt collectors" forum, not the "legal" forum. Maybe a mod wants to move it?

To answer your last question, you can ALWAYS DV them, right up until you get the summons.

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Thank you so much. I wasn't sure. I didn't know if they could claim that the debt was valid since he made a payment on it. I actually put this thread in this forum because I did not know if they violated any laws by speaking to my husband instead of me. They gave him information that I feel was violating my rights. What do you think??

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Thank you so much. I wasn't sure. I didn't know if they could claim that the debt was valid since he made a payment on it. I actually put this thread in this forum because I did not know if they violated any laws by speaking to my husband instead of me. They gave him information that I feel was violating my rights. What do you think??

They were absolutely violating your rights. Is it an actionable offense? I don't know. In Massachusetts it absolutely is. If you have proof they negotiated with a third party on your debt... they're screwed.

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FDCPA 805 (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.

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Thank you so much. I wasn't sure. I didn't know if they could claim that the debt was valid since he made a payment on it. I actually put this thread in this forum because I did not know if they violated any laws by speaking to my husband instead of me. They gave him information that I feel was violating my rights. What do you think??

Careful with JA CAMBECE they are hooked with with the NAF Arbitration Scam.

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So, now that I know his office has committed an offence do I have the right to file a claim against them? Do I have a case at all? What would it involve and how do I do it??

And, to the person who liked my title...you must know EXACTLY what I am talking about!! LOL!!!

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Hey Carolina...I am in CT. From what I can tell they cannot make arrangements with any third parties unless I give permission...which I didn't. And yes...they are trying to debit the hell out of his account. We have placed stop payments on the checks. I don't want to close the account as we have so many auto pays that come out of there (car payment, insurance, etc...) It would be such a nightmare.

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It would be such a nightmare.

Not anything like the nightmare you could face if they siphon your account and then all your auto pays start bouncing cause the account is empty. You could easily end up with a lot more late pays and collections on your reports.

Open another account, then systematically transfer all your auto debits to the new account.

My DW and I have five bank accounts between us. If anything like this were to happen to us, we could easily transfer the funds from our main account to account B, C, D or E and then make the necessary changes for the creditors that need to be paid. Some creditors' online pay options let you list more than one "funding" account. You might get ahead of the game and set that up in advance. Even if you don't do it for this case, you should think about having a second account just for that reason.

If this was easy, there would be no reason for forums like this one...

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And it will be an even bigger nightmare to continue to issue stop pays...

I would write them a letter that these payments, while made on your behalf, are not authorized payments by you since you dispute this debt and ask for DV. Also give them notice that NO ONE is allowed to speak on your behalf in any dealings with them.

Hope this helps...

and yes hubby's are sometimes idiots!

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