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 Posted: Thu Apr 24, 2008 3:27 pm |
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This is about the illigal company called Capitol revovery associates. The have called me on several accasions demeanding that I send then an amount that i cannot pay, and have money to feed my family. They never ever send anyt6hing in the mail. They just want me to give them my banking info. i lied and told them I had none, then they said well then do you have a family memeber's banking info I said NO, they even asked me to get a friends banking info. i was like yeah right. THEM to top it all off they called agian and my husband answered and they told him everythinjg about what i owe and all. I thought this was aganst law for them to tell anyone else but me the information about my account.
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mshirley38
Joined: 28 Mar 2008
Posts: 33
Debtcc Points: 944
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| Posted: Thu Apr 24, 2008 3:32 pm |
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Shirley, That is most certainly illegal. Go ahead and send them a letter requesting debt validation. I have dealt with them too and they can be really ugly. If you need a letter template, I will be more than happy to share mine, just let me know. They left me alone after the letter 
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RoxyNY
Moderator
Joined: 03 Aug 2007
Posts: 3903
Debtcc Points: 11752
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| Posted: Sat Apr 26, 2008 10:16 pm |
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hi Shirley--
with all respect to Roxy, this is NOT illegal. They can ask for anyone's banking info they wish to. There is no law that restricts how many times they can ask for payment, or where they can ask you to get it from. Also, it is not illegal for them to speak to your husband about the debt--here is a section of the Fair Debt Collection Practices Act for your review:
| Quote: | Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector.
(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except—
(1) to advise the consumer that the debt collector’s further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
(d) “Consumer” defined
For the purpose of this section, the term “consumer” includes the consumer’s spouse, parent (if the consumer is a minor), guardian, executor, or administrator. |
They can talk to your husband, without needing your prior approval to do so. Nothing illegal in what you mentioned. What you need to do, however, is send them a certified letter stating two things---
1--that you are hereby requesting full and proper validation of this debt
2--that from this moment on, they are to communicate with you only in writing through the mail
They DID do something illegal when they didnt notify you of your right to dispute the debt within 5 days of intitial contact, but so far thats all I see wrong. Sending them that certified letter will ensure that your rights are protected, that they arent trying to illegally get more money from you than they are entitled to, and it will also hopefully make your phone stop ringing--if they continue calling after they get that letter, then that would be illegal.
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skydivr7673
Debt Samaritan
Joined: 15 May 2007
Posts: 820
Debtcc Points: 350
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| Posted: Sun Apr 27, 2008 4:19 am |
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I would LOVE to know how many places ARE illegal ( not saying this one is). With ANY company, however, i thought they would need permission to talk to someone OTHER than yourself.
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sdchargers_63
Joined: 08 Aug 2007
Posts: 865
Debtcc Points: 9573
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| Posted: Sun Apr 27, 2008 6:33 am |
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Your right SD. They may only disclose the fact that someone has a debt and the details of that debt with any member of the responsible party. If the person is not responsible for that debt (it is not theirs) then they may not disclose any information to them.
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JCEMT
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