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This is getting ridiculous

Date: Fri, 05/15/2009 - 18:50

Submitted by anonymous
on Fri, 05/15/2009 - 18:50

Posts: 202330 Credits: [Donate]

Total Replies: 9


I need a cease and desist letter that my elderly mother can send my car finance people. I am behind in my payments and I am dealing with it but they call her 4 times a week. I only listed her as a reference not as a co-signer. I have seen the C & D letters here for collection agencies for ones own debt but none for harassment of friends/family. Any help and/or a generic letter would be appreciated. Thanks


Yes they call me on the average of 10 times a week, I just ignore the calls. They get payments just not on time, doing the best I can. They should not be allowed to harass her with phone calls when she has nothing to do with the loan. BTW the finance company is Drive Financial, they are not an up standing company by any means of the word


lrhall41

Submitted by on Sat, 05/16/2009 - 04:22

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In this case I think a C&D would be applicable. Since she is not a co-signor, she has no financial responsibility at all. From personal experience with Drivetime (I think they're the same company as this), I allowed one of my associates to use me as a personal reference and if he was a few days late they called me. This happened 2 months in a row and I told them both times that I had no vested interest so don't call me again. After the third month, I mailed a C&D and never heard from them again.


lrhall41

Submitted by NASCAR_Devil on Sat, 05/23/2009 - 04:39

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I thought ( by law, anyway..) that a company ( whoever they may be) could NOT call a reference, reguarding payments, etc, on a account. However..........this was happening to me, too, at one time. I had a 'company' call my refernces several times a day. FINALLY............ONE of my references told them to stop calling or they would call the police. Drive Financial?..is this a 'buy here, pay here' kind of thing? Some of these places will call themselves fianance companies.


lrhall41

Submitted by sdchargers_63 on Sat, 05/23/2009 - 06:00

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4 times a week is probably excessive, but technically if you do not talk with them (or write them) they can call references and family to get your phone number or to tell them to tell you to call them. However, they cannot tell the 3rd any info, not even that they are a collection agency - "this is a personal business matter". They are normally only allowed to call once, but they can call again if they feel that the 3rd party now has info, or that they are being deceived.

So, it's kind of a grey line there.


lrhall41

Submitted by Chrys Henderson on Sun, 05/24/2009 - 22:30

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"A personal business matter"...........God knows I'm tired of hearing that. If CA's DO call, why don't they stay on the line ( and 'face' the Debtor-so to speak) instead of leaving a message of the 'personal matter' thing? It gets annoying.


lrhall41

Submitted by sdchargers_63 on Mon, 05/25/2009 - 06:33

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Because the FDCPA says that you can't give information about a debt to a third party. And if they leave you a message, there is a chance that their messge will be heard by a third party and that is just a violation for someone to complain about. If you want them to leave a message, then contact them, tell them to leave Mom alone, and give them your number and permission to leave a message. Until you take responsibility for the communication, they are going to keep bugging her.


lrhall41

Submitted by on Mon, 05/25/2009 - 15:02

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