Financial Asset Management Systems to be exact. I had first called the OC to try to work out a lump sum settlement, and they directed me to the CA. So I called asking for a settlement and the "lady" I spoke with first asked me for update info, including DH's work #. I gave her the number (actually his work cell #) but told her under no circumstances was he permitted to be contacted at that number for personal business. She then went on to say she needed all our financial information (income, mortgage payments, utilities, car payments, etc) in order to "justify the settlement to the original creditor" I refused to give her any information, and she said then that they were authorized to collect the full balance and that she would be in contact with DH's employer. First of all, this is an old debt (like 3 yrs delinquent) so I don't know why they wouldn't be willing to work out a settlement. Secondly, it's not really their business to know every aspect of our financial situation. Thirdly, and the part that ticked me off the most, is that she said she was calling DH's employer when I specifically said he was NOT to be contacted there. I called DH and gave him a head's up. If the CA does in fact call the number I gave, they're in violation, correct?
"Thirdly, and the part that ticked me off the most, is that she said she was calling DH's employer when I specifically said he was NOT to be contacted there. I called DH and gave him a head's up. If the CA does in fact call the number I gave, they're in violation, correct?" Correct. They cannot legally disclose his debt to a third party. If they sued, obtained a judgement, and were trying to garnish his wages, they could contact his employer for that purpose, but if they have done none of that, they would run afoul of FDCPA if they did so. Contacting him at work when they have already been told not to do so is also illegal. "So I called asking for a settlement and the "lady" I spoke with first asked me for update info, including DH's work #. I gave her the number (actually his work cell #) but told her under no circumstances was he permitted to be contacted at that number for personal business." That would be notification not to call him at work, so under FDCPA, they should not call it. Next time don't give out that number. "She then went on to say she needed all our financial information (income, mortgage payments, utilities, car payments, etc) in order to "justify the settlement to the original creditor" Secondly, it's not really their business to know every aspect of our financial situation." No, it is not. She is not your parent, and you are an adult. Their purpose is to intimidate you, as well as possibly to obtain your bank account numbers, should they later win a judgement and choose to collect via your bank. "I refused to give her any information, and she said then that they were authorized to collect the full balance and that she would be in contact with DH's employer." Of course she is authorized to collect the full balance. That is hardly news. "First of all, this is an old debt (like 3 yrs delinquent) so I don't know why they wouldn't be willing to work out a settlement. " If they think they can get the whole amount, why would they want to settle for less? To determine what their negotiating strength is, you first have to look at SOL. When did this first go delinquent, when was the last payment made, and what is SOL for this type of debt in your state? How much is due? If they want to collect the full amount, can they just sue, and is it worth it? Is the amount they are collecting on correct? How did you find out about the debt? How did they first contact you? Did they notify you in writing of your right to dispute and request validation? Have you requested validation, and have they provided it? Are you planning on buying a house, or refinancing a mortgage in the next few years? In that case the lender will probably require paying off any outstanding delinquent debts as a condition of closing on the loan. How much is having this on your credit reports costing you? Is it being reported correctly?
I would suggest keep everything in writing. CAs have a tendency to "forget" things other than the fact hey want you to pay them. This also avoids them trying to get personal information. In your letter, include a limited C&D asking them to keep all correspondence in writing. You will get further this way. They are bullying you into paying fast as they are trying to humiliate your DH. Have you asked for validation?
