Question:
Apparently my brother-in-law listed us (my husband and myself) as
references for several different loans. Now he is behind in payments
and the collection agencies keep calling us (his number has been
disconnected). We have asked politely several times for them not to
contact us again (and lately, not so politely). Anyway, they
continue to call. We have threatened to sue, an empty threat since we
have no intentions on spending money on a lawyer for something that
isn't our problem. One of the collection agents had the nerve to get
snippy with me and tell me I should have my brother-in-law stop
listing us on applications if we didn't want to get these kind of
calls. When I told him I have no control over that and that maybe
next time he should bother to CHECK references, he hung up on me (and
someone else from that agency called a couple of weeks later). I
recorded the names, dates, and time of the last two times this
particular agency called me (both times I asked them not to contact us
again).
To be clear, the brother-in-law listed us ONLY as references, nowhere,
at no time did we sign anything agreeing to be involved in these loans
in any way. We weren't even aware he listed us as a reference until
the calls started coming in. Funny how the agencies didn't bother to
contact us when he filed his application...
Can anyone suggest who I can contact (who polices the loan agencies)
about this? Or maybe a sample cease-desist type letter that I could
send to the collection agency (registered mail)? I see plenty of info
on the net how to stop harrassment if you are the debtor, but nothing
for someone in our position.
Answer:
I suppose the same defenses would work even if you are not the debtor.
The reason I think that is because sometimes the collection agency's
target debtor isn't really a debtor because nothing is owed. And if
they are protected by the law, you should be too. A cease and desist
letter will do the trick. Just tell them politely to never contact
you again in any way. Make sure both of you sign the letter. Use
Certified Mail, Return Receipt Requested. Keep a copy of the letter,
keep the return receipt and the post office mailing receipt. If they
contract you after that, take the letter and your log of calls and
contacts to the nearest attorney experienced in actions under the Fair
Debt Collection Practices act.
