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Lanison | Can collections agents call your relatives? |
A person representing Wells Fargo contacted my dad when she was unable to reach me. I am wondering what his rights are as far as being able to tell the person to not call him again.
Additional Details
So, a verbal request on his part to stop calls is not sufficient? He would have to send the request in writing? |
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Holly R
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Absolutely they can. That is why you are always asked to list a closest living relative. NOW, what they cannot do is talk to that person about why they are calling. They CANNOT tell them that you are in collections or past due. They certainly can ask if they have current contact info for you (address, phone etc)...
They have done nothing wrong unless they tell the person that you are delinquent. |
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eddie
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They can call anyone you know
and ask where are you at or have seen you
if they tell them about your debt you can take legal action |
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Deeva
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I believe they can if you had them written down as a referrence when you originally got the loan.
One of my family members collection agencies called me wanting me to relay a message to them. |
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Judy
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I've heard they even call your neighbors. I have no idea if this is legal, but they do it.
I heard in Suze Ormond that if you send them a certified letter requesting that they stop all calls - that they have to follow that for one year. By law. I've also read it somewhere else, that this works.
Research harrassment. Or letter to stop harrassing phone calls. Maybe there is a special form letter somewhere.
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Sgt Big Red
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If it was a collection agency (often called third party) then under the FDCPA 15 USC 1692c § 805.
There are things that collectors cannot do by law:
-They cannot call you before 8 a.m. or after 9 p.m.
-They cannot threaten to have you arrested or charged with a crime if you don’t pay
-They can’t continue to call after you have indicated you want them to stop
-They can’t call friends, family members or colleagues repeatedly in order to get you to pay (they may call your acquaintances once in order to track you down though)
Now remember this though, the Fair Debt Collection Practices Act DOES NOT apply to major credit card banks? It applies only to the collection attorneys and professional debt collection companies they might hire. Original creditors are regulated by state law; however, the major credit card companies follow policies that closely mirror those of the FDCPA and will comply with your request to stop phoning you at home and work, etc., just as if you were dealing with a collection service. If you believe you have been harassed by an original creditor, or that the original creditor has done something illegal or threatening towards you, then research your state laws on the subject and contact the proper authorities to file a formal complaint. Typically, the Attorney General in your state is the proper authority to contact.
Hope this answer is of help to you
Wells Fargo is not a collection agency, it is a Bank so therefore they can call your father, especialy if he is listed as next of kin.
LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice |
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Crazyjester9
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Collection agents can contact anyone they want...but only to locate you. They cannot discuss the debt or even let on that they are debt collectors, as that would be a violation of the Fair Debt Collections Practice Act.
Your father is protected by the FDCPA just the same as you are. If he wants them to stop calling (assuming verbal demands dont work) he can mail a cease and desist letter to them, which they must abide by or he could sue them for their violation of the FDCPA. |
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Insert clever name here
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I work for Wells Fargo Auto Finance doing collections on their auto loans. If you are a high risk borrower (high balance, high delinquency, no contact, etc.), we will use any and all means necessary to contact you. We have various tools at our disposal we use to locate our borrowers. Once you get to the point that we have to perform skip tracing on you, whatever our collateral is (i.e. a vehicle) is at risk (i.e. repo). We are trying to make contact with you because we want your (our our, depending on how you want to look at it) money...not your vehicle. If there is no contact, yes, we will contact family, employers, neighbors, etc. As for your dad telling us that he doesn't know who you are, we have a way to verify this as well. We CAN NOT call your dad (or anyone else, for that matter) and discuss anything related to your account. We are allowed to ask for your contact information ONLY. We may call him on a regular basis if we have any reason to believe he knows your whereabouts. However, we will only call once every 30 days (not on a daily basis). Also, if he isn't a co-signer on the loan, he does NOT need to send a letter. On a personal note, if I can offer any advice to you, it would be this: We want your money as much as you want your vehicle (I'm assuming that's what is at stake). We have options available to borrowers so that the bank and the borrower BOTH win. I call too many customers every single day that don't return calls but if they would just speak to us, there is usually a lot we can do for the borrower. However, if you avoid us, we assume you will not pay and will go after our collateral at that point. I would guess about 95% of people that are in collections are afraid of their bill collector but there really isn't any need to be afraid. Trust me, if our only goal was to repo your vehicle, we wouldn't have jobs! LOL Good luck! =) |
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Doctor Deth
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How would they even know who your relatives were - tell dad to say he does not know the person they are calling about-He should say you don;t live there (if you actually do not live there) |
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golferwhoworks
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was dad listed as a reference when you took out your loan? probably was listed as next of kin wasn't he. Pay up so they don't have a reason to call him again and embarrass you |
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wrangler dude
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One way to avoid having people hunt you down for delinquent payments, is to PAY YOUR BILL!!! |
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Cadillac C
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Holly R had the best answer, and I have only one thing to add. They can not call you at your place of employment. |
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Steve D
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Check out the attached link for your rights under the Fair Debt Collection Practices Act:
http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf |
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