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Collection agency harrassing us for Brother's debts



googleuser1968@hotmail.com (googleuser1968)
11/2/2004 12:51:03 PM


Apparently my brother-in-law listed us (my husband and myself) as
references for several different loans. Now he is behind in payments
and the collection agencies keep calling us (his number has been
disconnected). We have asked politely several times for them not to
contact us again (and lately, not so politely). Anyway, they
continue to call. We have threatened to sue, an empty threat since we
have no intentions on spending money on a lawyer for something that
isn't our problem. One of the collection agents had the nerve to get
snippy with me and tell me I should have my brother-in-law stop
listing us on applications if we didn't want to get these kind of
calls. When I told him I have no control over that and that maybe
next time he should bother to CHECK references, he hung up on me (and
someone else from that agency called a couple of weeks later). I
recorded the names, dates, and time of the last two times this
particular agency called me (both times I asked them not to contact us
again).
To be clear, the brother-in-law listed us ONLY as references, nowhere,
at no time did we sign anything agreeing to be involved in these loans
in any way. We weren't even aware he listed us as a reference until
the calls started coming in. Funny how the agencies didn't bother to
contact us when he filed his application...
Can anyone suggest who I can contact (who polices the loan agencies)
about this? Or maybe a sample cease-desist type letter that I could
send to the collection agency (registered mail)? I see plenty of info
on the net how to stop harrassment if you are the debtor, but nothing
for someone in our position.
Please post, the email I use is a throw-away to thwart spam.
Thanks!
Fed Up
 
 
"McGyver"
11/2/2004 1:19:38 PM




"googleuser1968" <googleuser1968@hotmail.com> wrote in message
news:24311d45.0411021251.58ca20f2@posting.google.com...

Apparently my brother-in-law listed us (my husband and myself) as
references for several different loans. Now he is behind in
payments
and the collection agencies keep calling us (his number has been
disconnected). We have asked politely several times for them not to
contact us again (and lately, not so politely). Anyway, they
continue to call. We have threatened to sue, an empty threat since
we
have no intentions on spending money on a lawyer for something that
isn't our problem. One of the collection agents had the nerve to
get
snippy with me and tell me I should have my brother-in-law stop
listing us on applications if we didn't want to get these kind of
calls. When I told him I have no control over that and that maybe
next time he should bother to CHECK references, he hung up on me
(and
someone else from that agency called a couple of weeks later). I
recorded the names, dates, and time of the last two times this
particular agency called me (both times I asked them not to contact
us
again).
To be clear, the brother-in-law listed us ONLY as references,
nowhere,
at no time did we sign anything agreeing to be involved in these
loans
in any way. We weren't even aware he listed us as a reference until
the calls started coming in. Funny how the agencies didn't bother
to
contact us when he filed his application...
Can anyone suggest who I can contact (who polices the loan agencies)
about this? Or maybe a sample cease-desist type letter that I could
send to the collection agency (registered mail)? I see plenty of
info
on the net how to stop harrassment if you are the debtor, but
nothing
for someone in our position.
I suppose the same defenses would work even if you are not the debtor.
The reason I think that is because sometimes the collection agency's
target debtor isn't really a debtor because nothing is owed. And if
they are protected by the law, you should be too. A cease and desist
letter will do the trick. Just tell them politely to never contact
you again in any way. Make sure both of you sign the letter. Use
Certified Mail, Return Receipt Requested. Keep a copy of the letter,
keep the return receipt and the post office mailing receipt. If they
contract you after that, take the letter and your log of calls and
contacts to the nearest attorney experienced in actions under the Fair
Debt Collection Practices act.
McGyver
 
 
"SJH"
11/2/2004 11:30:58 PM


On 2-Nov-2004, "McGyver" <Greyprof@msn.com> wrote:
Make sure both of you sign the letter. Use
Certified Mail, Return Receipt Requested. Keep a copy of the letter,
keep the return receipt and the post office mailing receipt. If they
contract you after that, take the letter and your log of calls and
contacts to the nearest attorney experienced in actions under the Fair
Debt Collection Practices act.
Everthing McGyver said EXCEPT never EVER sign a letter to a collection
agent. They will use it to forge documents.
 
 
gordonb.6jpoi@burditt.org (Gordon Burditt)
11/2/2004 11:45:45 PM


Apparently my brother-in-law listed us (my husband and myself) as
references for several different loans. Now he is behind in payments
and the collection agencies keep calling us (his number has been
disconnected). We have asked politely several times for them not to
contact us again (and lately, not so politely). Anyway, they
continue to call. We have threatened to sue, an empty threat since we
have no intentions on spending money on a lawyer for something that
isn't our problem. One of the collection agents had the nerve to get
snippy with me and tell me I should have my brother-in-law stop
listing us on applications if we didn't want to get these kind of
calls. When I told him I have no control over that and that maybe
next time he should bother to CHECK references, he hung up on me (and
someone else from that agency called a couple of weeks later). I
In a situation like this, is there any way to convince the
brother-in-law (or unknown stranger) to STOP using me as a reference?
For example, I get a list of credit bureaus (including the BIG 3
and all the ones I've been contacted by, and maybe all the ones in
a local phone book) and lenders, and write them a letter saying
that he is NOT authorized to use me as a reference, list all the
debts I've been contacted about, and further state the opinion that
I won't take cash from him without having it tested by the Secret
Service and the National Center for Disease Control first.
Is THAT legal, or would I be violating some rules by spreading that
information about him all over the planet?
Get names of all the collection agencies that call you.
Convince your brother-in-law to use THEM as references.
Gordon L. Burditt
 
 
Kent Wills
11/2/2004 8:34:29 PM


I have it on good authority that on 2 Nov 2004 23:45:45 GMT,
gordonb.6jpoi@burditt.org (Gordon Burditt) wrote:
Apparently my brother-in-law listed us (my husband and myself) as
references for several different loans. Now he is behind in payments
and the collection agencies keep calling us (his number has been
disconnected). We have asked politely several times for them not to
contact us again (and lately, not so politely). Anyway, they
continue to call. We have threatened to sue, an empty threat since we
have no intentions on spending money on a lawyer for something that
isn't our problem. One of the collection agents had the nerve to get
snippy with me and tell me I should have my brother-in-law stop
listing us on applications if we didn't want to get these kind of
calls. When I told him I have no control over that and that maybe
next time he should bother to CHECK references, he hung up on me (and
someone else from that agency called a couple of weeks later). I
In a situation like this, is there any way to convince the
brother-in-law (or unknown stranger) to STOP using me as a reference?
For example, I get a list of credit bureaus (including the BIG 3
and all the ones I've been contacted by, and maybe all the ones in
a local phone book) and lenders, and write them a letter saying
that he is NOT authorized to use me as a reference, list all the
debts I've been contacted about, and further state the opinion that
I won't take cash from him without having it tested by the Secret
Service and the National Center for Disease Control first.
Is THAT legal, or would I be violating some rules by spreading that
information about him all over the planet?
This is nothing more than a guess on my part, but I would imagine
telling places the guy is NOT permitted to use you as a reference
would be ok. Giving detailed information about past bad debt would
probably be going over the line.
Get names of all the collection agencies that call you.
Convince your brother-in-law to use THEM as references.
Heheheh... Just nasty enough to be funny.
Kent
--
Born once - Die twice. Born twice - Die only once. Your choice...
Sig "borrowed" from Joe.
 
 
"David W."
11/3/2004 6:54:41 AM


Kent Wills <compuelf@gmail.com> wrote in
news:8pggo0hfnr6q6krvr8g6kmdkp1dnpgrc7p@4ax.com:
I have it on good authority that on 2 Nov 2004 23:45:45 GMT,
gordonb.6jpoi@burditt.org (Gordon Burditt) wrote:
Apparently my brother-in-law listed us (my husband and myself) as
references for several different loans. Now he is behind in payments
and the collection agencies keep calling us (his number has been
disconnected). We have asked politely several times for them not to
contact us again (and lately, not so politely). Anyway, they
continue to call. We have threatened to sue, an empty threat since we
have no intentions on spending money on a lawyer for something that
isn't our problem. One of the collection agents had the nerve to get
snippy with me and tell me I should have my brother-in-law stop
listing us on applications if we didn't want to get these kind of
calls. When I told him I have no control over that and that maybe
next time he should bother to CHECK references, he hung up on me (and
someone else from that agency called a couple of weeks later). I
This is nothing more than a guess on my part, but I would imagine
telling places the guy is NOT permitted to use you as a reference
would be ok. Giving detailed information about past bad debt would
probably be going over the line.
It's probably ok in the legal sense, but completely useless. I'm sure
that virtually every (potential) lender would simple toss the letter. I
can't imagine that the would keep a file of "negative" references, and
then search it every time someone applies for credit. Besides, there are
probably more lenders than sheets of paper...
I'm not sure that the federal laws that govern debt collectors apply here
either, since they usually onlya apply to the actual debtor. I think the
OP's best bet would be to file complaints with whoever oversees the debt
collection industry, and maybe the FTC or state's Attorney General to get
the collection agencies to quit calling.
 
 
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