I'm pissed. I'm well into the prime of my life age wise, and haven't lived with my parents in over 3 decades now . So, I'm 12 days late on my car payment and the OC calls my mommy (I had listed her as a reference). I had already contacted the OC to make payment arrangements which would be to pay in full 3 days from now, but they found this unacceptable. Can I make them stop calling my mom and tattling that I'm late on my car payment? (yes, they have my home and work phone but I was away for the past week. I'd already called them twice the week prior).
I think your Mom can send them a C&D CRRR and that should take care of it. Providian did the same thing to me once (at like 10 days late) and I called them and reamed them out for discussing my affairs with a 3rd party and threatening to sue and they backed off, so you may want to huff and puff while your mom is working on the letter. Good luck to you! Poochie
Excellent idea. Thanks so much. Meanwhile, they've received my payment so I think they will back off for awhile.
Remember that OC's don't have to comply with the FDCPA, so a C&D under the FDCPA won't work in this type of case. The reason that there is a reference on an application is so that they can find out how to reach you if you can't be reached via any other means.
Bummer. Thanks for letting me know before I talked to mom about writing the letter. It's just frustrating when they have my home and work numbers and I respond to their calls and then leave town, but they want to call and rengotiate payment arrangements further. Well, at least I feel less frustrated after I write about it here (grin). Thanks for listening.
wheres the experts ??? I though that it was illegal for ANY creditor OC or CA to communicate with 3 parties other than location info. what gives them the right to discuss or disclose your personal financial obligations to anyone but you? some sates such as CAlif have their own FDCPA rules for OC. maybe you should check into it more. if you called the OC and informed them that you were going to pay the full payment in 3 days why was that not acceptable? did they think by calling your Mommy that this would gain any advantage for payment sooner? I wonder if you could claim embarrasment and deflamation of character for them sharing this type of info?
I don't really know about this, but maybe you should ask a lawyer if there is anything you can do. Since you had already called them, could this be considered harassment?
In my opinion, I would think that this could possibly be considered harrassment since the CA had full knowledge of her intentions to pay the acct within 3 days and disregarded them . they took it a step further and pursued other means by calling her mom before the 3 days were up to humilate her and herass her into paying immediately. check with a lawyer from your state at lawguru.com hope this helps
Great ideas. Frankly, I don't want to pay for a lawyer and I accept the responsibility for the fact that I was a few days late on my car payment -- but, well this is the 2nd time in two and a half years that I've been a small amount late and they pulled the same trick both times. It's disconcerting. It really makes me feel that sending the $$ rewards their behavior and that really torques me, but I do owe it and I'm upside down and always will be due to 24% usurious interest rates.... so I better just get the message and not be a few days late. I think I'll just write a threatening letter and request they stop, and see where that gets me. I truly feel I have nothing to loose at this point.
I think the site that fun gave is where you can ask a legal question free. Might be worth giving it a shot.
