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Question RE: Phone Calls

Submitted by clovisca1949 on Mon, 02/16/2009 - 11:48
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My wife and I are both totally disabled. My wife is impaired by medications and is unable to tackle any kind of important issue. She can't even drive a car right now because of it.

I have been handling the phone calls from the banks. I have explained the situation, then followed up with letters verifying the conversations. My wife has signed the letters which authorize me to discuss her accounts with the customer service reps. All have been sympathetic until today.

At about 10 AM, we received a phone call regarding my wife's account from Target Bank. I answer and go through the explanation, exactly as I do every time they call. The lady says "thank you very much" and ends the call. About an hour later, the other phone line rings (not a cell phone....our second line is our Mag*c Jack....not sure if I can mention brand names here) and the lady asks for my wife. I ask who is calling. At first, she is reluctant to tell me and says she just wants to leave a message. I say that my wife can't come to the phone and that I assume she is a creditor's customer service agent. She tells me that she is from Target Bank. I tell her that someone had just called an hour earlier and I then went through the explanation again. She then says "I can't talk to you about this account". I remind her that my wife has, in writing, authorized me to discuss it. She says, "we can only accept a verbal authorization" and I reply "are you saying that her signature doesn't work?". She tells me that it can only be a power of attorney in lieu of a verbal OK.

I don't think this is correct. I could get anyone to talk on the phone. I just have to make sure they know the security answers (which I obviously know). Is this person correct, or was she just being a jerk?


it may be me being paranoid,but it sounds like they want to harrass your wife.all the signs are there.

despite written permission they won't talk to you
i for one have never heard of verbal power of attorney

next time they call and i'm guessing they will.let whoever calls know about your first call.do not let them try to bully your wife.which is what it sounds like they want to do.


Submitted by paulmergel on Mon, 02/16/2009 - 12:13

paulmergel

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Keep in mind that my wife's other creditors have been OK with discussing the issue with me. Even AMEX balked at first, but after understanding the situation, they have been talking with me. Just last week, another Target agent told me that "Target is making settlements all of the time" (in regards to this same account) and that my wife "should think about it". I almost think the lady today is just unhappy to be working on the holiday.


Submitted by clovisca1949 on Mon, 02/16/2009 - 15:22

clovisca1949

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Here's what my dad does (he handles the bills, but my mom has some accounts in her name only):

If he gets to a point that they will only talk to my mom and not him -- he will say "hold on, let me get her." Then put the phone on hold, come back in 10 seconds, and he'll use a high voice and pretend he's her.

It's funny to me because my dad, even in his highest voice, does not sound like a woman. But for some reason, the Cust Svc Reps buy it and they'll talk to him after that.


.... or else just flat out tell them "She will never be available, and if you want to discuss the account, then you'll discuss it with me."


Submitted by DebtCruncher on Mon, 02/16/2009 - 17:34

DebtCruncher

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i have done what debtcruncher has mentioned. is it possible for another female to pretend to be your wife and okay it? i know how horrible that sounds and idk what would happen if it is being recorded but they seem to be purposely giving you a hard time. i never heard of anything like this! i agree that perhaps telling them that if they want money they better discuss it with you..


Submitted by bea2ls on Tue, 03/10/2009 - 07:30

bea2ls

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Take some time to sit down and write letters on your wifes behalf to each of the creditors that are calling you. The situation will only get worse. Make sure you send the letters certified mail and keep a copy for proof.

Your Name
Your Address

Collector's Name
Collector's Address

Mr./Ms. Collector,

I am writing in response to your constant phone calls!

According to the Fair Debt Collection Practices Act, [15 USC 1692c] Section 805(c): CEASING COMMUNICATION: You must cease all communication with me after being notified in writing that I no longer wish to communicate with you. Therefore, I demand that you stop calling me at home, at work, on my cell phone or at any other location!

In accordance with the federal FDCPA, now that you have received this "stop calling" letter, you may only contact me to inform me that you:

are terminating further collection efforts;
invoking specified remedies which are ordinarily invoked by you or your company; or
intend to invoke a specified remedy.
Be advised that I am well aware of my rights! For instance, I know that any future contact by you or your company violates the FDCPA and that since you already have my location information, calls made by you or your company to any 3rd party concerning me violates section 805(b)2 of the FDCPA.

Be advised that I am keeping accurate records of all correspondence from you and your company, including tape recording all phone calls. If you continue calling me I will pursue all available legal actions to stop you from harassing me and my family.

Signature
Your Printed Name


Submitted by Mary Adkins Matthews on Tue, 03/10/2009 - 09:31

Mary Adkins Matthews

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