How to deal with an original creditor for a debt not mine?

I have sent OC's C&D letters and they stopped calling me, try it, it may work.

I will likely, but I think they will ignore it. In frustration I did tell them I was going to send them one and make them quit calling and they actually laughed and said they were not a collection agency, they did not have too and would not honor it. They do this a lot I think, they actually did say something about not using CAs and do all their own collections (this from a supervisor I demanded to speak with). They even had the gall to ask ME to pay my friend's debt.

you've done it before golden,get that recorder out.let them give you those threats on tape and SUE THEM RAGGED.i don't care if they are the original creditor.they have no right to contact a reference like that.threatening,harrassing,they deserve to be sued by you for this.

Are you sure they have no right to contact me? They seemed pretty sure of themselves and were actually gleeful (no kidding!) in telling me that they can and will continue to call me.

You are right of course, I bet a judge would not see it like that, but I like to make sure if I am going to sue, that I have a darn good shot at winning.....and I would hate for this company to slip through on some dumb law that allows them to make contact with me.....it is once daily, sometimes every other day....they do not threaten other then to tell me it is their right to call me. Maybe just sending them an ITS letter would work.

i would check your friends contract.this is a loan right?that sounds fishy that any creditor has a right to contact references.co-signers yes,not references.check that paperwork.at least not like they are.

Oh man, pathetic as that is, personally I would have to play it out and just mess with them. Like tell him them you've been waiting for their call all day, and then tell about your day. Ask them what their favorite movies are. Start calling them several times a day and tell them you just had to call because you missed their voice so much, and you think you're in love. If you act psycho enough, they won't want to talk to you.

Really, though, if we're talking about suing them: what law actually says they can't call references? I know it doesn't seem right, but where does it actually say they can't do that? If you can answer that, then you have a good lawsuit.

fdcpa and GLBA may come to mind. FDCPA doesn't apply because they are not a CA. GLBA provides a right to financial privacy and restricts the disclosure of non-public personal information. However, the GLBA defines certain situations which permit the release of private information. It is permissible for a creditor to release personal info "...as necessary to effect, administer, or enforce a transaction requested or authorized by the consumer." The creditors' argument will simply be that the release of any private information to you is permissible since when they are enforcing a credit transaction, signed(authorized) by the consumer. ... so I don't see any federal laws on your side in this battle.

Even so, if they violated any privacy laws or collection laws, I don't think you personally would have a cause of action. Your friend would have to be the one to sue them for violating her rights.

The only thing I think you, personally, can get them for might be harrassment ... which is a far stretch.

This is harrassment plain and simple. You have no control over your friends actions and they are trying to pressure her to pay by causing her embarassment and you annoyance.

Contact the local police and file a complaint, contact who ever regulates the lender and contact your state Attorney General's office. Also contact the phone company and tell them that you are receiving harrassing phone calls so they can put a trap on your line and log in all the calls. This will be proof of the harrassment.

You might see if you can get the phone company to block the number.

GoldenBast, you live in Texas? Are there any laws on the TX books that protect debtors from the OC's?

I feel that them calling you and telling you about your friends financial business would be a breach of privacy. I don't think there is any reason they need to keep calling you, telling you about your friend's personal business, and then asking you to pay the debt. I think, however, it would have to be your friend's responsibility to follow up on this and seek legal recourse.

The fact they keep calling you, when they do know your friend's contact information, with the intent to harass you in order to "shame" your friend seems pretty suspect. Contact you state's AG's office and see what they have to say about that? See if there are any laws in TX that cover the OC's for behavior like that.

I would also record any and all calls you have with these idiots.

It worked...all it took was a simple recording of a couple calls. :) I then called them back, asked for a manager and told her I was going to personally sue her for harassment, as well as the company and the caller.....the last call they got really nasty and THIS time I recorded it...I played it back and told her that my local judge would find it interesting that they feel the need to harass me over someone else's financial responsibility. She tried to say they did not break any laws and I responded with, "So what? I am taking you to small claims court, asking for a jury trial and will play this tape and explain how you have been harassing me almost every day and taking me away from my child who was just diagnosed with being bipolar and causing me undue amounts of stress......I am sure the jury of your peers will think very highly of you for this and will award me a nice tidy sum..maybe enough to take my daughter to a really good child psychologist."

Heh...she put me on hold, then came back and was totally full on apologetic...and I haven't gotten a call today yet, so maybe it worked. :)

Who was the OC that would stoop to such lows?

Just curious.

LOL!

Great job GoldenBast! Wish I could have been listening in on your conversation with that "manager", I bet it was a hoot!

I would still keep that recorder by the telephone and have it ready to go, I'd be willing to bet you probably will here from them again. If so, I wouldn't even warn them, I would go ahead and file an harassment suit listing all the people at that company you have talked to in it.

Way to go Golden..