calling references question

Reny - is this a payday loan, or a credit card debt or something like that?

The only creditors I know that call references routinely are payday lenders. I've seen them call co-workers who were listed as references without their knowledge...the co-workers weren't too happy!

I would think you could work that into a letter stating that you only wish to be contacted in writing, not by phone, and that they may not contact your references. I'm not sure if that will work, though. I'm sure someone else will come along with more info for you soon! :-)

no its not a PDL, its Cash call, it hasn't happened yet, but depending on how quickly I can get a payment to them it might, I'm just trying to be prepared just in case? Thanks

It mainly depends whether the OC is making those calls, or if it is a CA.

Under the fdcpa, a CA should only call references or other third parties to obtain location information on you (ie how to get ahold of you). Once they know how to get a hold of you, then they really shouldn't be calling the refs any more.

However if the OC is making those calls to your refs, then the FDCPA doesn't apply. At that point it would be up to your state law regarding creditors' actions. If your state law doesn't limit how/when a creditor can call your refs, then they aren't exactly breaking the law.

You could write a letter, explaining that you have been in sufficient contact with them, and that you don't feel they should be calling your references. If that doesn't work, you could possibly file a complaint with the BBB or your state's DFI. Their intervention may be just enough to get the creditor to stop.

Sounds like this is the original creditor (OC) making the calls to references, since it's Cash Call.

Be careful. Cash Call is not a PDL, and can't be treated like one. They are a licensed, legal lender, backed by a bank. Unfortunately, the law is on their side at this time, but we are all hoping it's not for long - they need to be stopped from lending at the usurious rates they use.

Try to keep your payments current with them - they are known to be ruthless when it comes to collection tactics, and they're extremely difficult to work with if you default.

I know that creditors can call references when they can't locate you, which has been mentioned in this thread--but what about when they use skip tracing techniques? And for those of you who don't know, skip tracing is when they get a reverse directory and call your neighbors pretending to be a friend of yours asking where you may have moved to. They can also call your job with this game.

There is a lot more to skip tracing than calling names out of a phone book, they get info from you app, your credit report, from your social security number, from you land lord, from a business licence, any land you might own, if you work for the government, from a vehicle report, if you rent or have a mortage there is a completely different report that gives that information.

The only solid way to not get skipbusted is to fall off of the radar and that means nothing can be in your name, work cash jobs and pay cash for everything.

FYI, that is the same info my attorney gave me a couple of years ago. He suggested a PO Box as my address and to pay cash for all purchases. However the CA's now contact my family members trying to locate me.

There are ways to drop completely off the radar, even in this day and age. But they take time, money, and specialized knowledge, so they're often not very practical. Better to tackle the situation head-on, in most cases.

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