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Question about OC's


Rick9972
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I currently have a CO auto loan. The vehicle was totaled and almost the entire balance was paid off immediately by the insurance companies. The remaining amount of about 1900 was denied by the insurance. I appealed and argued with the insurance company until they have agreed to pay it- 18 months later. During this time the auto loan company charged off the account and added 800 in fees.

NOw the questions:

1. I have told them and sent them limited C&D letters restricting them to USPS and faxing. They continue to call home and work. I talked to them once and they informed my they were a OC thus not required to follow FDCPA.

2. They called my work's HR department and told them I was in default on a loan and asked for my income, so they would know how much they would get when they placed a garnishment on my wages. Asked HR person to tell me "To call us and discuss this account." This came after two C&D letters.

3. They also place CO on each CR every month to poison the report.

Any suggestions on what to do with these people?

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Are you sure it is the original creditor. Usually when an OC charges off a loan they sell it or assign it to a CA, unless they have an in house collection which would not require them to follow FDCPA. Did they ever fully identify themselves, can you trace any caller id numbers to verify who you are dealing with. Some of the more sleazy Joe Bob collection outfits may entirely misrepresent themselves. Any dunning letter?

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I currently have a CO auto loan. The vehicle was totaled and almost the entire balance was paid off immediately by the insurance companies. The remaining amount of about 1900 was denied by the insurance. I appealed and argued with the insurance company until they have agreed to pay it- 18 months later. During this time the auto loan company charged off the account and added 800 in fees.

NOw the questions:

1. I have told them and sent them limited C&D letters restricting them to USPS and faxing. They continue to call home and work. I talked to them once and they informed my they were a OC thus not required to follow FDCPA.

2. They called my work's HR department and told them I was in default on a loan and asked for my income, so they would know how much they would get when they placed a garnishment on my wages. Asked HR person to tell me "To call us and discuss this account." This came after two C&D letters.

3. They also place CO on each CR every month to poison the report.

Any suggestions on what to do with these people?

I'd contact your HR department and let me know not to speak with anyone unless you give the HR department in writing authorization. My HR department only verifies employment dates and thats it.

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