Author Topic: Phone calls to relatives.  (Read 582 times)

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Ozzie69

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Phone calls to relatives.
« on: November 05, 2014 09:23:50 PM »
     I settled serious debt 4 years ago and now forgot some of the basics.  Am I correct in saying "creditors can call my parents house where I have never resided leaving a phone number for me to call"?    They just cannot say why they are calling. 

Thanks 

Brunothe JDBKiller

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Re: Phone calls to relatives.
« Reply #1 on: November 05, 2014 09:52:14 PM »
They are entitled to one call to locate you. They can legally call a spouse or a parent of a minor child and discuss the debt. I think. Although that makes no sense, since minors cannot enter into contracts unless it is for food, shelter, clothing, or medical  care. You go read the FDCPA and see what you think.

They did not say why they  called because the FDCPA says they can't unless they are talking to you. You need to find out if this is for the same debt or a different one.
I am not an attorney. Any information I post is strictly my opinion and should be treated as such.

Ozzie69

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Re: Phone calls to relatives.
« Reply #2 on: November 05, 2014 09:54:34 PM »
Thanks Bruno.  It is discover.  I have been not answering their calls.  They called my folks and left a number for me to call. 

Why can they legally talk to my spouse?  It's not her debt and she has no responsibility to pay it. 

BellEbutton

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Re: Phone calls to relatives.
« Reply #3 on: November 05, 2014 10:06:35 PM »
Quote
Why can they legally talk to my spouse?  It's not her debt and she has no responsibility to pay it. 

Because the FDCPA says they can.

1692c(d)

(d) “Consumer” defined
For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator.

Ozzie69

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Re: Phone calls to relatives.
« Reply #4 on: November 05, 2014 10:07:21 PM »
Got it Belle.  Thanks     

Flyingifr

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Re: Phone calls to relatives.
« Reply #5 on: November 05, 2014 11:14:01 PM »
Thanks Bruno.  It is discover.  I have been not answering their calls.  They called my folks and left a number for me to call. 

Why can they legally talk to my spouse?  It's not her debt and she has no responsibility to pay it.

Discover is an OC and is not subject to FDCPA.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Just Plain Bill

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Re: Phone calls to relatives.
« Reply #6 on: November 06, 2014 12:49:24 AM »
Unless Discovery is using a third party collection agency.
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coltfan1972

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Re: Phone calls to relatives.
« Reply #7 on: November 23, 2014 10:58:31 PM »
If Discover is calling themselves, the FDCPA won't apply.  If they are using a third party debt collector then the FDCPA will apply; which means, they can just leave you a message that does not state the nature of the call. 

What you want to watch out for is are they calling "from" discover or "for" discover.  "From" will mean O.C. and no FDCPA and "for" will mean third party collector and FDCPA kicks in; all generally speaking of course.

In other words just one word and how that word is used can be the difference in which laws and/or protections kick in or not. 

Scroggin succeed in making this case an expensive nightmare for both CBOJ and its counsel.
Scroggin made a "mockery" out of CBOJ's deposition.

Scroggin made "perverted one-liners" during his deposition.
Scroggin called CBOJ'S counsel "a little witch"

Scroggin used the FDCPA as a "sword of intimidation."
Scroggin loves suing debt collectors.

Scroggin is proud of his behavior and "unapologetic."

Rebecca Worsham - Lead Counsel, Scroggin v. CBOJ- 3:12-cv-128, Eastern District of Ark.

Flyingifr

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Re: Phone calls to relatives.
« Reply #8 on: November 24, 2014 09:19:42 PM »
     I settled serious debt 4 years ago and now forgot some of the basics.  Am I correct in saying "creditors can call my parents house where I have never resided leaving a phone number for me to call"?    They just cannot say why they are calling. 

Thanks

If the debt was settled and you have the proof, they cannot call you at all because you owe them nothing.
BTW-the Flyingifr Method does work. (quoted from Hannah on Infinite Credit, September 19, 2006)

I think of a telephone as a Debt Collector's crowbar. With such a device it is possible to pry one's mouth open wide enough to allow the insertion of a foot or two.

Morality of Debt? No one ever went to the Nether Regions for not paying a debt.

Founder of the Credit Terrorist Training Camp (Debtorboards)

Just Plain Bill

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Re: Phone calls to relatives.
« Reply #9 on: November 25, 2014 02:30:02 PM »
OP may have stronger state laws that deal address issues with the OC.

 
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