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  1. #1
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    Jul 2016
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    Default Can Debt Collectors Contact a Debtor if a Power-of-Attorney Holder Tells Them to Stop

    My question involves collection proceedings in the State of: Georgia

    B]Good Afternoon:

    I have represented my 86 year old Mother by Power of Attorney for over 10 years. In February of 2016, We had to place her in a Government Funded Facility for Dementia Treatment & Rehabilitation. She has no Assets. Only her Social Security Check. There is a small Balance, that is left each month After expenses are taken by the Facility & Government. Her Debt included, a Credit Card from Bank of America. She Accrued debt and paid on the Account since she was 60 years of age. The balance now is around 7700 dollars. She was an independent Soul and up to recently, I did not have anything to do with her personal Expenses. She lived with my Family for 10 years prior to her illness. After her Insurance Expenses, she did help with some Living Expenses and paid Expenses regarding her Illness such as Pharmaceuticals and Doctor Care, not paid by her Insurance. Her Family Home was Sold 10 years ago. Profits then were placed in the Construction of the Area at the Family Home, She lived in for the last 10 years. She is a widow and my Father Passed in 1974.

    All of her assets were extinguished in April of this year and No Payments have been made to BOA since that time. I wrote BOA in April & June of this year, representing her as Power of Attorney. I explained, that she had been placed in a Federally Funded Facility & Had no Assets and the Account could no longer be paid. Since she could no longer do business, I instructed them that I am only her POA and I was only doing her business, due to the illness and cognitive skills, would not allow personal attention to this matter. I included both times, the POA documents, properly recorded and Signed in this County.

    I was advised by my Attorney to handle all of this business in Writing Only. BOA was advised of this on both Certified & Return Receipt Letters. The Return Receipts were received and properly completed. The reasoning was, that I was advised from Counsel & Friends that Research documented BOA had somewhat interesting Business tactics concerning Collection procedures. It appeared they had a Collection Agency that was in House and called themselves BOA in correspondence. Many Individuals could not tell if they were dealing with BOA directly or Collections. Since I was only the POA, it was advised that the Unforeseen Phone Calls, could be handled by the Cease and Desist, legally pronounced comments concerning contact procedures within the Written Letters. The 2 letters were written after there noncompliance of the wishes pronounced on the first letter.

    I cleared her Online Profile out in March of this year. That removed her contact Phone # off her Account Record. Her legal residence was at the Facility and she no longer lived with Family Members. In order to get out of the Site, I had to leave a Phone #. I placed a Phone # that was located in the Family Barn, that is used uniformly by several Family members within the Estate. It is mainly monitored for the Security System on the Premises and is rarely used for Communication. Her contact # that was removed on her profile, was left alone and UNMONITORED, in her Area of the Family Home. It is also rarely used for communication. The phone lines within the Family Living Area was on a Pricing Bundle and it was not on a cost factor to remove the line from the premises. Both lines has a Voice Mail Service. The Alarm Company can use the line for testing and leave messages for the Owners.

    From day 1 of their receipt of the First Letter, numerous calls have been received on both lines. Not as frequent on the Barn # described. After receipt of the 2nd letter, both lines were called daily and more frequently. Since receipt of the First letter, there has been around 48 calls by them and around 23 containing voice Mails asking specifically for my Mother to call them directly. I have told them in writing plainly since March that she no longer lives at this Residence and in all due respect, her Illness does not allow her to know the World is Spinning. Also, As her POA, I am doing her business and am only her POA. Hipaa Laws were discussed and total isolation from Stress and Strain was also entered into the Treatment Process by her Physicians, regarding her environment at the Facility.

    Can All Concerned, Imagine all the Stress and Strain the Family Members are experiencing, concerning these noncompliant Phone Calls from BOA. When I listen to the Voice Mails, with BOA Representatives directly wanting to speak specifically to my mother, and pleading the issues concerning why SHE has not called, even effect my mentality. All of these calls are well documented on Phone Bills and Voice Mail Recordings. It is getting aggravating to the Monitoring Group, to keep up with all of these calls, as testing data on the systems are sent regularly to & from all concerned.

    I have not mentioned to BOA on either letter that the numbers are registered to other Family members, and not to her. You would think that there would be some reasoning to all of this, within all my Communication. I have notified BOA, according to GA Fair Credit Collection Laws, all the information that is necessary to evaluate her account. I have gave them all the Pie R Squares & Legal Laws not to do any business on the Phone. No one concerned, has received any Written communication from them since they were notified in April. I might have missed some other solution to this matter, in all of this turmoil.

    What I contacted this site for is: What are my options to deal with all of this nonsense, without having to use legal resources? Maybe someone has had similar issues and all Comments would be appreciated. Legal Counsel is Expensive and when other measures are viable and not known, that is most welcomed.

    With All Best Wishes:


    Honeybee [/B]

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Can Debt Collectors Contact a Debtor if a Power-of-Attorney Holder Tells Them to

    Can Debt Collectors Contact a Debtor if a Power-of-Attorney Holder Tells Them to Stop
    I didn't have to read your lengthy post to be able to answer that question.

    Basically, the answer is yes, with some caveats that I will come to in a moment.

    A Power of Attorney "allows" a person to act for, and sign for, another person. It does not obligate anybody to accept it, although many do.

    With regard to creditors, "telling" a creditor anything isn't going to stop the creditor from continuing collection efforts.

    Read the Fair Debt Collection Practices Act and then send the proper "cease and desist" letter over your mother's signature.

    https://www.ftc.gov/enforcement/rule...tices-act-text

    Non-compliance can leave a creditor vulnerable to a lawsuit.

    If you like, you can include some of the "judgment proof" wording that you will find in numerous places online. Google "judgment proof letter to creditor."

    If all that fails you'll have to figure out some way of insulating her from the calls and letters, unless you want to spend money on a lawsuit.

  3. #3
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    Default Re: Can Debt Collectors Contact a Debtor if a Power-of-Attorney Holder Tells Them to

    Quote Quoting adjusterjack
    View Post
    Read the Fair Debt Collection Practices Act and then send the proper "cease and desist" letter over your mother's signature.
    You can find a sample letter here. Note, however, that the FDCPA applies to debt collectors, not to the original creditor.

  4. #4
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    Jul 2016
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    Default Re: Can Debt Collectors Contact a Debtor if a Power-of-Attorney Holder Tells Them to

    I have notified the Creditor in a manner suggested by the Fair Debt Collection Practices Act. That is, to cease and desist, with any phone calls and to handle the business in writing. The second letter was sent when noncompliance was indicated after over 30 calls. Each voice mail clearly revealed statements specifically asking for her to call. Both letters clearly stated that she was in a Federally Funded Treatment Facility with no Assets, and no Income, and Dementia, with no cognitive skills to handle her business. This clearly appears to me that no one within BOA is reasoning the issues in a manner according to Logic and Standard Collection Practice. Maybe Law is not Logical.

    My question was simply, "What to do when you have done everything you can do within the Law and the Creditor refuses to listen to the Issues and or sustain them? What would be the issues or my Liability, if I called the #'s received over 48 times and Ask Someone to respond, at least to the issues at hand? Sheltering her from the letters and or calls, is illogical, since it is a Private Facility and they have measures in place to protect her privacy. She has no access to mail and she has no ability or cognitive skills to use a phone. We have been advised to just ride all of this out, since she is "Judgement Proof". The trials & tribulations of putting up with BOA during this so called "ride it out period", is why I am researching a means of stopping this nonsense, within the Statutes of the Law. With All Best Wishes: Honeybee

  5. #5
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    Mar 2013
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    Default Re: Can Debt Collectors Contact a Debtor if a Power-of-Attorney Holder Tells Them to

    She has no access to mail and she has no ability or cognitive skills to use a phone.
    Then all this is bothering you and she isn't being bothered at all?

    You are free to huff and puff and tilt at windmills all you want but I suggest using common sense and cancel that phone service so they don't have a good number any more and just tear up the letters and toss them in the trash.

    What would be the issues or my Liability, if I called the #'s received over 48 times and Ask Someone to respond, at least to the issues at hand?
    To what end? Some satisfaction that you annoyed them? Won't happen. You'll just get a different person every time you call and they'll just hang up if you get a human at all.

    The trials & tribulations of putting up with BOA during this so called "ride it out period", is why I am researching a means of stopping this nonsense, within the Statutes of the Law.
    The LAW provides for monetary damages if you sue them. If you aren't willing to spend the time, money, and effort on a lawsuit, then knowing all about the LAW won't help you a bit.

    Again, common sense: Dump the phone service and trash the letters. Problem solved.

  6. #6
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    Default Re: Can Debt Collectors Contact a Debtor if a Power-of-Attorney Holder Tells Them to

    A creditor does not have to listen to or negotiate with anybody over a debt. It simply has to follow the law with respect to collecting the debt.

  7. #7
    Join Date
    Jun 2016
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    Default Re: Can Debt Collectors Contact a Debtor if a Power-of-Attorney Holder Tells Them to

    The FDCPA only applies to collection agencies. If your mother is being contacted by BofA representatives, the FDCPA is not applicable.

  8. #8
    Join Date
    Dec 2008
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    Default Re: Can Debt Collectors Contact a Debtor if a Power-of-Attorney Holder Tells Them to

    Have you tried answering the phone when they call and simply telling the person on the other end that she no longer lives at that address/number?

    they probably keep calling since no one answers or calls them back. I know you've sent them correspondence regarding this matter but why not tell the callers each time that she is no longer reachable via that number.

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