CC companies calling work and family

[onthebrink]

Is it legal for credit card companies to contact work and family? American Express called my dad and my wife's boss. Can sending them a cease & desist letter make them stop this?

[Jackdog]

From what I've read they can do whatever they want. You can send a CD letter telling them to not contact family,friends, or work and only contact you through mail. Just out of curiosity how far behind are you that they started calling work and family? I'm not that far behind but one has already called work. I dread the thought of them calling family. I don't want any of them knowing about this. My boyfriend told his Mom and she's took it better than I thought. She's more worried about his sister and husband's millions dollars of debt (they are starting to get sued, foreclosed, everything) vs. my measly 24k.

[onthebrink]

It's only been a couple of months...

[Jackdog]

I'm hoping others respond because I'm new at this but I would send a CD letter, telling them not to contact work, friends, family, neighbors and to only contact you.
I know how you feel though I'm right there with you. It tears at your gut when you find out they called work or a family member.

[tay666]

I'm not positive, but I don't think a C&D applies to the original creditor.
And if you are only a couple months behind, then it isn't nearly long enough to be in the hands of a 3rd party debt collector.

Are you answering your phone?
Does the message on the answering machine clearly identify the number as belonging to you?
If they can't find you, to talk to you, they will call whoever they can to try and find you. Including your neighbors.

[JEM]

American Express called my FIL looking for my husband. I believe we were 2 going on 3 months behind.

Ugh. I can handle the phone ringing non-stop at home, but phone calls to family members is making me anxious.

[Meatstick]

Be very careful when sending a C & D as you are basically daring the creditor to go away or sue. If you truly owe the debt, them attempting to contact will not stop unless you can cite a specific legal basis for them to stop. If you do send a C & D, I would send it CMRRR just in case you have legal grounds to sue should they not abide by your request.

If the creditor/collection agency feels your account is not worth pursuing they may stop contacting you but will probably sell the debt to others and the cycle continues.

[Flamingo]

Remember when you applied for the credit card and the question was asked..."please provide the name and contact information for your closest relative not living with you." Now you know why they ask for that information. If you read the fine print in the contract you sign when you obtain the credit, you will be surprised as to what you allow them to do if you do not pay your bill. what they are trying to do is to collect the money you owe them so they are resorting to whatever tactics are necessary to get you to pay. Remember, if the situation were reversed and it was you that was owed a large amount of money and eithier payments stopped or the person you lent the money to said they can't pay, you too would attempt to collect what was owed to you. When you view it in that light, you realize what they are doing and they are doing what you permitted them to do when you signed your credit agreement and provided them contact information.

[BKorbust]

It really s*cks when they do that. I haven't filed yet only because I'm waiting for some tax debt to be dischargable. I answer every collector call and let them know that I have retained an attorney with the intent of filing BK. When my CC accounts were with the original creditors I always answered their calls as well. I told them that I couldn't pay because of .... If my situation changes I would be happy to discuss payment. With the OC you just need to pick up the phone once in a while. An OC or collection agency can't contact family, friends, or neighbors if they know where you are and have been in contact with you. Every once in a while you get a collection agency that will contact everyone they know you know in an attempt to shame/guily you inot paying. It's not legal if you've been in contact with them but some do it anyway.

[nc73]

My parents have been called before but a simple change of phone numbers will fix that.

[flyinbroke]

Amex is one of the sue-happy ones. Just something to be aware of.

As for C&D and OCs, check state laws. In Texas, for example, the rules apply to ANYONE collecting a debt. However, even a limited C&D can be misinterpreted. I sent one to BoA saying "no phone" and got a letter a month later saying they MAY take legal action if I don't pay but they respect my right to receive no contact at all. (I never said "no contact at all" just mentioned my cell was the only phone, and it was inconvenient at any time to get called on it.)

[onthebrink]

Remember when you applied for the credit card and the question was asked..."please provide the name and contact information for your closest relative not living with you." Now you know why they ask for that information. If you read the fine print in the contract you sign when you obtain the credit, you will be surprised as to what you allow them to do if you do not pay your bill. what they are trying to do is to collect the money you owe them so they are resorting to whatever tactics are necessary to get you to pay. Remember, if the situation were reversed and it was you that was owed a large amount of money and eithier payments stopped or the person you lent the money to said they can't pay, you too would attempt to collect what was owed to you. When you view it in that light, you realize what they are doing and they are doing what you permitted them to do when you signed your credit agreement and provided them contact information.

Wrong. I did not provide the name of my Dad and my wife did not prevent the name of her boss on our credit card applications.

[optimistic1]

Sometimes it is, sometimes it isnt, and yes a good CD should suffice, if it dont, either sue or send it again.

They hire people to skip trace you and get all sorts of information to track you down, and then embarrass you into paying, or having your parents help you pay them. It's a sick tactic for sure.

[rooster0330]

Just answer once to confirm that they have the right phone number and the right person. They are only calling around trying to "locate" you....if they know where they can find you they usually stop!

[lalap123]

AE called my mother in another state b/c I had missed talking to them for a few days. I've been told that they keep any number that you may have used in the past in their database and start going through them when you won't answer your primary phone. As for me, I think I made a phone payment from her house once in the past couple of years, which is how they probably got the number.