quick question. my SIL has an auto loan thru them. starting the day after payment is due, they call her 10-20 times per day - even if she had sent the payment and it hasn't posted yet. no grace period. nothing. she has never been more than 15 days late. my question is: can she send a cease and desist letter? and if so, can she word it so it not only pertains to the present but in the future? or does she have to send one each time her payment hasn't arrived by the due date? i have never heard of a company using this practice. talk about harassing. what are her other options?
A friend of mine has an account with Ford Motor Credit. They call on average of 5 times per day. Sometimes every hour! (Caller ID shows) I believe they are only allowed to call one time per day.
There is no "amount" of times a creditor can call. The standard is if it is "intended to annoy or harass."
INTENT is the KEY word,.....not harrassment Personally, I DONT LIKE ANY PHONE CALLS. To me, JUST ONE CALL A YEAR IS HARRASSING. Unfortunatley, NO MATTER WHAT I THINK, it IS THE INTENT of the calls "(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number."
well would you define harassment as having an automated service and/or representatives call your house and work 10-20 times per day beginning the DAY AFTER your due date? in my opinion, once per day is plenty. people know if they are late on a bill. but my question was can my SIL send a cease and desist to them since it really isn't in collections?
FYI hiding I looked it the definition in the BLACKS LAW Dictionary Harassment- words, conduct, or action ( repeated or persistant that being directed at a specific person annoys, alarms, or causes substantial emotional distress in that person . ex. harrasment is considered actionable in SOME circumstances as when a acreditor uses or threatens to collect a debt. Annoys-/ nuisance- condition that frequently reoccures and procedures to define the other various meanings of nuisnaces.
FYI hiding I looked up the definition in the BLACKS LAW Dictionary I do remember reading somewhere that a creditor or debt collector can only call once a day I need to look up some more info but I thought this may be of some use in the meantime Harassment- words, conduct, or action ( repeated or persistant that being directed at a specific person annoys, alarms, or causes substantial emotional distress in that person . ex. harrasment is considered actionable in SOME circumstances as when a acreditor uses or threatens to collect a debt. Annoys-/ nuisance- condition that frequently reoccures and procedures to define the other various meanings of nuisnaces.
You are still missing THE KEY WORD. "INTENT".......WITHOUT SHOWING INTENT, IT DOES NOT MATTER WHAT YOU THINK OR FEEL, unfortunately. Fun, refer to your criminal law sessions. Without ACT and INTENT, there is no violation PROVING intent is hard. BUT can be proven by circumstances.
hiding intent can having a different meaning in criminal law as it couples with motive. the BLAcks law dictionary defines INtent as - the state of mind accompanying a forbidden act. motive is defined as the inducement to carry out that act. intent is also defined as the mental resolution or determination to commit the act. general intent/ specific intent- recklessness, actual awareness of the risk and taking that risk. there are various forms of intent ! strict liability comes into play also so where are you going with this ?
JENZ I dont want to give anyone wrong info so Im still checking , in my opinion without verifying it In my opinion without actually knowing for sure, I would say that yes you could send a ceise & desist letter, however I would just send a letter asking that all further communications to be in writing If you send a ciese & disist letter, you run the risk of a lawsuit being filed with their attorney if you are NOT past the SOL for your state to collect this debt. Ill get back to you as soon as I Clarify the law with my attorney.
may I ask what co it is ? that calls her this much? I would definately say this qualifies in my opinion as harassment, annoyance with INTENT. because by calling this much it shows they have REASONABLE KNOWLEDGE that this would annoy a consumer. and yet keep prsing it repeatedly. Hiding I hope you agree with me on this one
fun - read the title LOL!!! wells fargo. the problem i have is they are calling beginning the day after the due date. she has never been more than 15 days late. so instead of a C&D, she should just write asking that they discontinue verbal contact?
Jenz lol yes same bank hmmm they do have issues in my opinion thats what I would do.ask all further communication be in writing, otherwise how could they send her statements for a current acct, its not a collection acct. most creditors do not call their debtors on a constant basis to inquire when they can expect payment when the account is only deliquent by 14 days that I know of I can see once your acct goes beyong 30 but 14? isnt there any type of grace period for this acct ? have they been assesed late fees or threatened with collection?
the grace period on her account is 10 days and she has only once gotten a late charge. i just don't get it. i told her to refi, but she won't listen i can't imagine it cost effective to have collectors harass her when its one day late. thanks fun, i'll help her draft one.
if she has been within her grace period I dont see how it would be reasonable at all for the creditor to start making calls to annoy & harass her. good luck
Re: Re: wells fargo financial NO....if you send a cease and desist letter to a creditor alleging violations that, 1.....DO NOT APPLY TO ORIGINAL CREDITORS....and 2....ARE NOT VIOLATIONS..... Thet bank may very well ACCELLERATE the LOAN, and DEMAND PAYMENT IN FULL.. THEN SEND IT TO A DEBT COLLECTOR OR SUE YOU FOR IT
Re: Re: wells fargo financial -FUN, I TOTALLY AGREE WITH YOU!! -BUT, WE MATTER VERY LITTLE WHEN IT COMES TO THE LAW. -IT bothers me that whenever I say something, people get their panties in a bunch and DEMAND I prove what I post. But when someone posts "what they think or feel" it is taken without even question. -JUST ONCE, I would like other posters to post FACTS or case cites which agree with their "feelings" or "Beliefs"
