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Son's debt collector

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jackg
Established Contributor

Son's debt collector

The problem I'm having is that one of my son's debtors has gotten hold of my cell & home phone numbers & they call me daily, sometimes twice. He's 42 years old & his life is a train wreck but that's beside the point.

How the heck can I get these people to stop harassing me?

I already filed a "complaint" with the Federal Trade Commission regarding a violation of their "Fair Debt Collection Practices Act", Title VIII, Section 805. Unfortunately filing a complaint, which is all I could fing to do, doesn't result in an answer. They just put it on file. Why they bother I just couldn't guess.

The phone number they call from is 800-741-1969 but I don't know how that can help me track them down & then I don't know what to do once that's done.

Clearly this is a case of harassment & I'm looking for help to make it stop. ANY suggestions are welcomed.

Thanks

FICO scores on November 17, 2014 (prior to applying for and being approved my mortgage)

EX=738
EQ=735
TU=754

FICO scores on March 4, 2015 after being approved for mortgage and buying the home, the mortgage isn't yet reporting.
EX- 689 EQ- 739 TU- 739
Message 1 of 20
19 REPLIES 19
guiness56
Epic Contributor

Re: Son's debt collector

Put your cell on the do not call list.  At one time they could not even call your cell phone.  I have seen, recently, that was changing.  I don't know if it has yet.

 

When they call do they ask for him?  Have you told them it isn't his number and to stop calling?

 

Reason I am asking is FDCPA 804 states:  (3) not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;

 

I would write them a letter quoting the above and let them know, in no uncertain terms, you will not hesitate to bring civil action against them unless they stop calling.

 

 

Message 2 of 20
DaBears
Senior Contributor

Re: Son's debt collector

If the person who receives the collection calls gave the original creditor express permission to call their cell phone, then such permission protects the collection agency or debt buyer. If the person who receives the calls never even owed the debt, the debt collector can not have “express permission”.

According to a Federal Communications Commission decision,
collection agencies may call consumers who provided their cell phone numbers to the original credit

 

I am assuming your son listed his cell phone on the application with the OC when he first applied. 

 

I'm sure one of the mods can weigh in as well. 

Message 3 of 20
guiness56
Epic Contributor

Re: Son's debt collector

It's his cell phone, not his sons.  The debt collector shouldn't be calling him.  Once he told them it wasn't his sons number they were supposed to stop.

Message 4 of 20
DaBears
Senior Contributor

Re: Son's debt collector

I need new glasses. What state do you reside in?

Message 5 of 20
guiness56
Epic Contributor

Re: Son's debt collector

Message 6 of 20
DaBears
Senior Contributor

Re: Son's debt collector

LOL, now that went below the belt line. 1 point deduction!!!!

Message 7 of 20
jackg
Established Contributor

Re: Son's debt collector

My cell number has been on the do not call registry for a few years but I did it again after reading your suggestion, thanks. Next, when they call they do ask for him & I've told them it's not his number & I don't know where he is but I feel certain they already know that & just continue to harass me in the hopes that I'll do something to get them paid.

I'm aware of FDCPA 804 #3 & 808 #3b & 806 #5. I just don't believe they care about the laws. I would write them a letter but they say they can't give me that info, they can only give it to my son. These are not nice people.

FICO scores on November 17, 2014 (prior to applying for and being approved my mortgage)

EX=738
EQ=735
TU=754

FICO scores on March 4, 2015 after being approved for mortgage and buying the home, the mortgage isn't yet reporting.
EX- 689 EQ- 739 TU- 739
Message 8 of 20
jackg
Established Contributor

Re: Son's debt collector

I live in Michigan.

FICO scores on November 17, 2014 (prior to applying for and being approved my mortgage)

EX=738
EQ=735
TU=754

FICO scores on March 4, 2015 after being approved for mortgage and buying the home, the mortgage isn't yet reporting.
EX- 689 EQ- 739 TU- 739
Message 9 of 20
Anonymous
Not applicable

Re: Son's debt collector

What you would need to do is to put in writing a 'cease and desist' notification, certified receipt...  In this ltr you need to specify what numbers and address they cannot contact you... you also need to contact the do not call number in your state to post those numbers with them.  If they contact you again at your numbers you can then follow up with a complaint with the atty gens office in your state.

 

if you were a consigned, they have every right to hound you.   Make sure you were not the consigned or co-maker on any of his loans.

Message 10 of 20
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