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When can creditors contact your references?

Under the FDCPA, a collection agency may contact your references only when they are unable to reach you. However, they are prohibited from revealing any information related to your debt. If you have been in contact with the collection agency, then they don't have the legal right to call and disturb your friends and relatives. Your friends and relatives can tell the collection agency to stop calling them or send a cease and desist letter to them.

When I purchased my car I was asked for two refere...
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When I purchased my car I was asked for two references. I fell behind on my car payments. I am now only 1 1/2 payments behind. I have been in contact with Capital One Auto Finance at least once a week. I don't usually answer the phone more that that when they call because the call several times a day, even after I've talked to them and I work all day. Now they are contacting my references. My mother is one of them and she says they call at least four or five times a day. Do they have the right to do this when I have been in contact with them via e-mail, mail and phone, one or the other, at least once a week? I feel like my privacy is being violated not be mention the harrassment of my references.

If I were you I would send them a cease and desist letter, telling them that they can only contact you thru e mail or usps

Sub: #1 posted on Fri, 09/28/2007 - 07:14

kashzan kashzan

(Posts: 5401 | Credits: )

Would that cease and desist letter work if it is the original creditor? I always was under the assumption that since they are the original creditor they still could contact you. I am probably mistaken and if so please correct me and accept my apology.


Sub: #2 posted on Fri, 09/28/2007 - 21:35

ladybug ladybug

(Posts: 2757 | Credits: )

Can they contact your references-yes
Can they release info about the debt-no

The purpose of the references is for the creditor to get in contact with you if they havent heard from you....but you say you have been in contact with them, so I dont see the need for them to contact references.

On a 1st party contract, the Cease and Decist letter is not in your best interest...sure they MIGHT comply but they dont have to and they can view that as you not being interested in paying, especially on a secured debt that they can repo property for (your car).

However, you can tell your references to tell them to stop calling and send them a no call letter. They are not a party to the debt unless they cosigned.

Sub: #3 posted on Fri, 09/28/2007 - 22:03

volleyballmom volleyballmom

(Posts: 4143 | Credits: )

I was listed as a "reference" for a friend's car loan. Once she fell behind on payments, they contacted me. The only thing they told me was who they were and they were trying to contact "so and so" and asked if I would please tell her to contact them. I was not upset by this call at all. Then they called again. They didn't give out any private information at all. Just wanted me to tell her to call them. I told them I would. I did. Apparently she didn't. They called one more time and I just told them that I have given her the messages and that is all I can do so to please not call me again. They never called again and were very nice. If you tell your references to tell them not to call them anymore, more than likely they will stop.

Sub: #4 posted on Fri, 09/28/2007 - 22:31

cannr cannr

(Posts: 9317 | Credits: )

Luckily for your friend they played by the rules...they always do not, believe me.

Sub: #5 posted on Fri, 09/28/2007 - 22:39

volleyballmom volleyballmom

(Posts: 4143 | Credits: )

Really? This dude was very nice, didn't disclose any information, and just told me he was having difficulty reaching her and asked me to give her the messages. Huh. I guess he works for a "good" company and not an "evil" one. :wink:

Sub: #6 posted on Fri, 09/28/2007 - 22:44

cannr cannr

(Posts: 9317 | Credits: )

Well it sounds like you were dealing with a professional collector :lol: that was doing his job like he is suppose to and the other (bad) collectors :twisted: should do the same thing and go to more educated training.


Sub: #7 posted on Sat, 09/29/2007 - 22:02

ladybug ladybug

(Posts: 2757 | Credits: )

Can a 3rd party collection company press charges like have you arrested & have your license suspended? I am behind on payments for a pay day loan I took out few years ago.

Sub: #8 posted on Fri, 04/16/2010 - 11:19


A 3rd party collection company cannot have you arrested if you are in the US. Whether or not they can suspend your driver's license depends on the state you live in.

Sub: #9 posted on Fri, 04/16/2010 - 11:33

OVLG Attorney OVLG Attorney

(Posts: 511 | Credits: )

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