Results 1 to 4 of 4
  1. #1
    Join Date
    Dec 2010
    Posts
    2

    Default Debt Collector Tricked My Grandmother into Paying My Debt Without My Knowledge

    My question involves collection proceedings in the State of: California

    A little over a year ago, I lost my job of 8 years and while waiting for the UI benefits to kick in, I took out a few small loans from a check cashing/loan provider. The sum was for $300, and I had forgotten about it when trying to play catch up with all my other bills.

    It's my understanding that collectors can only contact my family to locate me, however; today my grandmother called me and said that she has made a payment to a collector who contacted her about my debt. She explained to me that they told her, of course, that my credit would be ruined, and that if the sum wasn't paid, I wouldn't be able to get a job once it has been reported.

    This sent her into a panic, as she has been increasingly worried about this issue. My grandmother immediately pulled out her checkbook and provided the caller with her banking information. Afterwards, she called me to let me know about the encounter.

    I was shocked, not that they contacted her, as I left her info on the application as a reference, but that they would share my financial information with her and frighten her into offering payment.

    This situation, while a kind gesture on grams part, has left me feeling guilty and inadequate at a time where I am trying to regain my confidence to rejoin the workforce. Is this legal, and if not, what should I do?

    Appreciatively,

    Annie

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Debt Collector Tricked My Grandmother into Paying My Debt Without My Knowledge

    How about you repay grandma?
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Dec 2010
    Posts
    2

    Default Re: Debt Collector Tricked My Grandmother into Paying My Debt Without My Knowledge

    Quote Quoting Dogmatique
    View Post
    How about you repay grandma?
    Mister Dogmatique,

    While I appreciate that you took a moment to review my post, your reply does little to further my understanding of the legalities surrounding this issue.

    For future replies, please consider that the obvious question of repayment to my grandmother has already been settled and has no relevence with regard to my previous post. I'm asking about my rights surrounding privacy of information, how to assist in preventing this from happening to others and what I can do to protect my family from being manipulated this way from here on out.

    Please respond with sincerity, thank you.

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Debt Collector Tricked My Grandmother into Paying My Debt Without My Knowledge

    Quote Quoting antinomy
    View Post
    My question involves collection proceedings in the State of: California

    A little over a year ago, I lost my job of 8 years and while waiting for the UI benefits to kick in, I took out a few small loans from a check cashing/loan provider. The sum was for $300, and I had forgotten about it when trying to play catch up with all my other bills.

    It's my understanding that collectors can only contact my family to locate me, however; today my grandmother called me and said that she has made a payment to a collector who contacted her about my debt. She explained to me that they told her, of course, that my credit would be ruined, and that if the sum wasn't paid, I wouldn't be able to get a job once it has been reported.

    This sent her into a panic, as she has been increasingly worried about this issue. My grandmother immediately pulled out her checkbook and provided the caller with her banking information. Afterwards, she called me to let me know about the encounter.

    I was shocked, not that they contacted her, as I left her info on the application as a reference, but that they would share my financial information with her and frighten her into offering payment.

    This situation, while a kind gesture on grams part, has left me feeling guilty and inadequate at a time where I am trying to regain my confidence to rejoin the workforce. Is this legal, and if not, what should I do?

    Appreciatively,

    Annie
    You are correct the action is illegal and it violates the Federal Fair Debt Collection Practices Act (FDCPA), see link:

    http://www.westopdebtcollectors.com/...FUmo4Aodnmugog

    In particular, they are in violation of FDCPA - 804 15 USC 1692b, where they cannot communicate with any one other than the "debtor" about the debt, and their communication with your grandma should only be limited to getting hold of you, such as getting your most current phone#, or leaving a message for you, but NOT to discuss the debt and it's scary and exaggerated consequences.

    In fact, about not being able to get a job, states had recently enacted laws to restrict the use of credit reports for hiring, unless it is proven it is job related, and employers had been sued for violating this.

    As to what to do about it, you can take legal action against them, see:

    http://www.fair-debt-collection.com/

    In many cases, rougue debt collectors do this dirty trick as a standard practice, so you might want to "google" this particular collection agency to find out if there are current "class action lawsuits" filed and pending against them and where and how you can join. Alternatively, you try to locate an attorney looking to start a class action lawsuit.

    Just as an aside, there was an article in the NY Times about a debtor who lost his job, fell behind just like you, and is now making a killing suing collection agencies for making mistakes such as this one.

    Furthermore, I wouldn't feel sorry for the collection agency, as many of them settled lawsuits made a killing buying debt at pennies on the dollar, then scaring little old ladies to pay, and booked record profits while willfully violating the law.

    1. Sponsored Links
       

Similar Threads

  1. Debt Collectors: Debt Collector Won't Work With Debt Consolidation Plan
    By barbarayoung45 in forum Debts and Collections
    Replies: 1
    Last Post: 11-19-2010, 04:08 PM
  2. Debt Collectors: Debt Collector for a Debt More Than 8yrs
    By cedar in forum Debts and Collections
    Replies: 1
    Last Post: 04-09-2009, 05:35 PM
  3. Debt Collectors: Requesting a Copy of a Debt from a Debt Collector
    By RDCol in forum Debts and Collections
    Replies: 3
    Last Post: 10-12-2008, 10:20 AM
  4. Debt Collectors: Debt Collector Seeking an Unknown Debt
    By idunknow in forum Debts and Collections
    Replies: 12
    Last Post: 08-20-2008, 04:33 PM
  5. Debt Collectors: Old debt purchased by junk debt collector
    By Robwillmann in forum Debts and Collections
    Replies: 1
    Last Post: 12-04-2006, 04:56 AM
 
 
Sponsored Links

Legal Help, Information and Resources