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#1
 
Old 04-04-2011, 07:51 PM
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Default OC calling my boss at work!

My wife got laid off and I got behind a few months on a jewelry loan.

They were calling me every day so I started ignoring there calls. I work for a very big company so its not hard to get the company phone #. Somehow they got through customer service, and got my boss's phone #. They have called him several times and my boss is becoming irritated.

I let them know via phone that I am not allowed to accept personal calls at work, but they keep calling. I read on here that I can send a C&D letter to collection agency, but this is the original creditor.

IS THERE ANYTHING I CAN DO. I MAY LOSE MY JOB OVER THIS! PLEASE HELP!
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#2
 
Old 04-04-2011, 10:55 PM
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I am no expert but from my experience, I would call/write them and request contact by mail only. You probably wanna make some type of payment arrangements, cause you wanna avoid collection agencies. Also carefull with c&d, they will probably sue you if still within SOL.
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#3
 
Old 04-04-2011, 11:57 PM
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I have moved and they do not have my current address, can they still sue me, if they dont know where to serve me ?
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#4
 
Old 04-05-2011, 09:13 AM
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I would work out a payment plan. If it goes to collections, they will find you some how, they always do. Also you are going to damage your credit with the possibility of a "charge off". And that will hurt you for 7 1/2 years. You can still save what is left of your credit before it is too late, dont let it go to collections.
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#5
 
Old 04-05-2011, 02:21 PM
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Quote:
Originally Posted by sense View Post
I have moved and they do not have my current address, can they still sue me, if they dont know where to serve me ?
Yes, they can sue. And yes, they will find you. Skip tracers are very good at what they do.

With that said.. I don't know if they would sue you this soon. Chances are it will get charged off at 180 day late payments and a Collection agency like Midland may end up buying it and you can pretty much bet your rear end they will sue you.

Speak with them on the phone. Explain your situation and see if you can get set up on a payment plan. I know sometimes it feels like putting your head in the sand and waiting for it to pass is best thing to do or what you want to do but it never turns out that way. THis will cause you so much more grief in the future than it does today if you don't get it taken care of. I highly recommend that you set up a payment plan with them before this thing goes to collections.

Since your wife became unemploymend you will more than likely qualify for a low interest repayment program. usually 12 months the first time at a payment amount you can manage like $25-$100 per month depending on the amount of the debt (most plans I've seen drop their interest rate to like 2.5% for that 12 month period. You won't know until you talk to them and explain your situation and ASK them if they have a program like that.

Most do..

Good luck!
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#6
 
Old 04-05-2011, 08:05 PM
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Correct me if I'm wrong, but isn't this company violating the FDCPA? Specifically these statues.

§1692-b- Deals with Third Party Contact
§1692 b(2)- States to a (3rd Party) that Consumer Owes any Debt

§1692 b(3)- Contacts a 3rd party more than once unless requested to

§1692-c- Deals with Communication Practices (What they can NOT do)
§1692c(a)(3)- At a place of employment when CA knows employer prohibits phone calls
§1692c(b)- With anyone other than consumer, consumer's atty or CRA concerning alleged debt
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#7
 
Old 04-06-2011, 08:27 PM
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The restrictions on debt collection practices set forth in the numerous provisions of the FDCPA only apply to debt collectors, not OCs.

State laws may restrict what a creditor may communicate to a third party, but the provisions of the FDCPA don't apply.
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