Can OC call Cell phone?

Discussion in 'Credit Talk' started by jenz123, May 17, 2005.

  1. jenz123

    jenz123 Well-Known Member

    My beloved Mortgage Company (herein known as Buttheads) are calling my cell phone for payment. I did not give Buttheads my # however i believe previous coworker (herein known as PITA) gave it to them. I am 5 days late and as most here know, i have no income yet. I have repeatedly asked buttheads NOT to call my cell phone but they refuse to stop.

    Is it illegal for Buttheads to call my cell phone, even though PITA gave the number to them as my contact number?
     
  2. IrishDiva

    IrishDiva Well-Known Member

    I believe a limited C&D would work (but not sure about the morgage company being the original debtholder). That would tell them to only contact you by mail. Good luck!
     
  3. ontrack

    ontrack Well-Known Member

    5 days after the due date, or 5 days after the grace period and late fee date (I'm assuming your mortgage is "due on the 1st, late after the 16th")?
     
  4. jenz123

    jenz123 Well-Known Member

    Due date is the 12th - so five days late.
     
  5. ontrack

    ontrack Well-Known Member

    What relationship do you want with the lender? Are they just subprime jerks trying to tack on fees at any excuse, or can or could you work with them if you needed to in a bind (loss of job requiring sale of home and moving, say)? It is not always best to cut off all contact. Makes even good lenders jumpy.
     
  6. ontrack

    ontrack Well-Known Member

    Was late fee due if paid after the 12th?
     
  7. jenz123

    jenz123 Well-Known Member

    late fee will be charged if paid after the 22nd.
     
  8. jenz123

    jenz123 Well-Known Member

    My mortgage was sold to them in February. I used to work for them - LOL! - and no, this is NOT the company I just left. i left this company in 2000 (on very good terms). The problem they and i have is that I am not a stupid consumer and - unfortunately - they know i am not. Sad thing is they aren't a subprime lender trying to tack on fees. They seem to just like to irritate me.

    So can they call my cell phone after me verbally telling the same rep over and over (and finally today telling it to a supervisor) not to?
     
  9. Hedwig

    Hedwig Well-Known Member

    I know that CAs can't cost you money, meaning if you pay for minutes they can't call your cell phone. I don't know if it applies to OCs or not.

    Do you have another number they could call (home number or something)? If so, give them that number.

    If I were you, I'd write a polite letter to someone reasonable high up in the chain. Tell them you're starting a new job, don't have the income yet, and certainly can't afford to pay for calls on your cell phone. It's not past the grace period, so I think they should leave you alone.

    Just my thoughts.
     
  10. jenz123

    jenz123 Well-Known Member

    Re: Re: Can OC call Cell phone?

    #1 - yeah, i don't know either.
    #2 - they have my home # that i have had for 10 years and is published.
    #3 - i sent in the 5 day late payment along with a nice little letter to regional manager regarding it.

    I swear they are only calling it to get on my nerves.
     
  11. Hedwig

    Hedwig Well-Known Member

    Re: Re: Can OC call Cell phone?

    Could be. I'd send them a letter, CMRR, and ask them to call only your home number as the cell phone costs you money.

    Maybe you should get the person's name and call them every day. Just say "I thought I'd call and see what you were up to, since I'm sure you want to talk to me." The best defense is a good offense!
     
  12. ontrack

    ontrack Well-Known Member

    Re: Re: Can OC call Cell phone?

    I've had several mortgages. I've sent payments anywhere from a few days before the "due date" to a few days before the "late fee" date, always posted before the late fee date. I have never had a call from any lender. They all have reported "paid as agreed".

    The mortgage calls out what the lender's and borrower's responsibilities are, and what remedies are available. If it is paid before the late fee date, the lender has no reason to object, and no remedy. Even if it is after the late fee date, they get paid for it, so what do they have to complain about?

    Are they trying to accelerate your payments to their financial benefit, or because you look shakey financially?

    Your loan documents probably provide the address to which they are to contact you regarding this mortgage, just as they also provide the address to which you are to contact or pay them, and the manner in which these addresses are changed by notification to the other party. You did not request that they contact you via your cell phone, so notify them in writing to stop doing so, "in order to comply with the terms of your mortgage agreement."
     
  13. jenz123

    jenz123 Well-Known Member

    Re: Re: Re: Can OC call Cell phone?

    Will do, chief!

    This so called schmortgage company hasn't been doing well financially so i think it is trying to keep its portfolio in line so the company can be sold.
     

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