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OC won't stop calling my house for ex husband's bill


Von915
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Capital One Auto Finance keeps calling my house for my ex's bill. I tell them every time, "he has not lived here in over 2.5 years, don't call here again for him." But they call again, sometimes daily calls. Is there anything I can do or do I just ignore it? Are they breaking any FDCPA law?

Thanks for any and all help!

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Well I had a CA that consistantly called me at work after I told them over and over not to do it. I even had a recorded conversation between me and one of the reps in which he stated that they needed my work number to request payment arrangments from theOC, but he would put in on the 'do not call list' and it would NEVER be used. :twisted: That was prior to my CIC days and I didn't know better. I started letting them leave messages on my voicemail at work and I started writing down dates, times, and names of everyone I repeated that 'do not call me at work' statement to. Finally after about a month I looked up the fax number online and faxed a letter (I'm not on my computer right now so I don't have it with me, but can PM it to you tomorrow) stating that I had asked them over and over not to call but they continued. I listed every occasion with names, times etc. I also listed dates and names of voicemails which I noted that I saved for possible use in court when I sued them on a violation. I quoted a section of the law that stated a CA is not to continue to call you if they are notified that it is inconvenient (or something like that). I also emailed a copy of this letter to the email address on the website along with an audio clip on my original conversation with the Rep who swore no one would call. Long story short, I sent all this with P.S that stating that it was my last request prior to filing a formal complaint and they haven't called back since!!!

Not sure if it would work apply since they aren't calling for you, but the concept is still the same. Bad news is I moved to my office in TX 2 years ago and the same company calls for someone named 'Bret' on a daily basis. I've told them that he is no longer at that extension and never was from our records, and they have consistantly continued to call for TWO YEARS :cry:

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The FDCPA applies to Collection Agencies, not to the Original Creditor. Capital One is just trying to find your ex. If you know how to contact him, why not just pass the info on? Sounds like their skip-trace efforts led to you. You may wish to lead them somewhere else.

As far as their phone calls to you, you have some options: Ignore the calls, screen your calls (caller ID), use an answering machine/voice mail, or change your number to an unlisted one.

"...a section of the law...CA is not to continue to call if they are notified that it is inconvenient..."

FDCPA 1692c, Subsection 805

It's best to actually read it. You can't place limits the 'Cease Communication' order and it has to be in writing. Oh, and it only applies to CA's, not OC's.

You may wish to find out if you are jointly liable for this debt and if it's still within SOL.

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continuing to call an ex knowing the debtor doesn't reside there is intentional harassment. Maybe FDCA doesn't apply but state laws certainly do.

Send a C&D letter to the creditor certified. If they continue to call after receiving the letter. Make records of it then contact the Attorney General. There are violations going on...just not the normal ones we expect to see.

Also, check with you state law on harassment and see what can be done.

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"...knowing the debtor doesn't reside there..."

How does the creditor 'know' that? My sarcastic comments aside, I'm sure you see the slippery slope here. Claiming harassment is easy, proving it - not so much.

I agree the OP should research her state's laws for protection. But I wouldn't encourage the harassment angle. It's too easy for a creditor to find a viable defense for that one. It's also easy to avoid those calls by screening them, refusing to answer or changing her phone number.

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"...knowing the debtor doesn't reside there..."

How does the creditor 'know' that? My sarcastic comments aside, I'm sure you see the slippery slope here. Claiming harassment is easy, proving it - not so much.

I agree the OP should research her state's laws for protection. But I wouldn't encourage the harassment angle. It's too easy for a creditor to find a viable defense for that one. It's also easy to avoid those calls by screening them, refusing to answer or changing her phone number.

she has informed the collector he doesn't reside there and they still call back. Therefor, the collector has been informed that the husband doesn't live there but refuses to comply. That's harassment. Of course proving it is another matter. She would have to tape record the conversation or else the debtor could claim they never informed.

verbal or written...the collector has been informed the address is no longer valid.

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Capital One Auto Finance keeps calling my house for my ex's bill. I tell them every time, "he has not lived here in over 2.5 years, don't call here again for him." But they call again, sometimes daily calls. Is there anything I can do or do I just ignore it? Are they breaking any FDCPA law?

Thanks for any and all help!

hence, the proof they know the husband doesn't reside there. Proving it is the matter which is why I suggest the C&D letter.

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One potential problem here with calling this “harassment”; aside from getting the regulatory agency excited enough to do something about it and proving it of course, is that we really don’t know if the OP has any legal liability for the debt herself - she hasn’t said one way or the other and if she does have liability then substantiating “harassment” becomes more problematic whether the ex husband lives there or not.

Also, a "C&D" letter is a "slang term" for the cease communication provision of the FDCPA which doesn't apply as this is the original creditor.

However, that does not mean that she can't formally (USPS CMRRR) request that they stop their calls but such a request would not be enforceable under the FDCPA.

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The debt is for a car loan he got after he left. My name is not on it, nor is my address. They are calling me because when he got the loan he had to list several names and phone numbers to call if they can't find him. I give them his phone number and address every time they call. He just doesn't return Cap 1's phone calls. They are now calling my father and his father. When they call, they ask for him, as if he lives here. They aren't calling for me to give him a message...they're leaving messages on my machine for him.

I will definately send a certified letter to them and start keeping a log of their phone calls.

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You can send a Cease & Desist to anyone, for pretty much any reason. The FDCPA just provides some recourse to enforce it in the court. Whether or not it's legally binding or enforceable is not the point--they do work sometimes.

My wife's ex is a deadbeat as well. It's been 5 years and we still get the occasional call or letter from some creditor trying to find him. In the past some were aggressive. They all got C&D's and nice "I'm going to sue your asses if you keep calling me" letters. Whether or not I could actually have done it or not didn't matter, because the calls generally stopped after that. Mileage may vary however.

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