Creditor objections?

[Lajazz947]

I just filed chapter 7

Have not used cards for about 11 months save one in May for about $500

Largest creditor is BofA which were cash advances but about a year 1/2 ago

Was paying everyone but business went south in 1/08, took two months to recover.

By then I could not afford the arrangements.

I know that I have not abused the cards as well over the time for fraud.

What would be any possible objections under these circumstances?

I am over the median but failed the means test mostly after high mortgage expense as well as medical insurance payment.

Thanks

[TEW]

I just filed chapter 7

Have not used cards for about 11 months save one in May for about $500

Largest creditor is BofA which were cash advances but about a year 1/2 ago

Was paying everyone but business went south in 1/08, took two months to recover.

By then I could not afford the arrangements.

I know that I have not abused the cards as well over the time for fraud.

What would be any possible objections under these circumstances?

I am over the median but failed the means test mostly after high mortgage expense as well as medical insurance payment.

Thanks

[Broduke]

This is a different issue but I don't know where to put it. Missed a credit card payment and when they called for me they ended up talking to my mom. She wasn't on any applications or anything or a reference. They told her where they were calling from, my minimum payment, and my outstanding balance. I'm wondering if this is illegal and if so what action can be taken.

[TEW]

This is a different issue but I don't know where to put it. Missed a credit card payment and when they called for me they ended up talking to my mom. She wasn't on any applications or anything or a reference. They told her where they were calling from, my minimum payment, and my outstanding balance. I'm wondering if this is illegal and if so what action can be taken.

yes it is and if you tell them here they can contact you they will not call your Mom

[Broduke]

they were not attempting to contact my mom they were trying to contact me and I had my home phone number listed there on accident and then they spilled alll the info to her.

[magyar123]

Telling your mom about YOUR debt was illegal.

[Broduke]

Thank you. What should I do about it? Because she didn't even know I had credit cards and I didn't want her to know, especially about my balance and minimum payments because now that's all I hear about.

[mgmtrnr]

This is a different issue but I don't know where to put it. Missed a credit card payment and when they called for me they ended up talking to my mom. She wasn't on any applications or anything or a reference. They told her where they were calling from, my minimum payment, and my outstanding balance. I'm wondering if this is illegal and if so what action can be taken.

This is illegal according to The Fair Debt Collection Practices Act (FDCPA) (15 UCS 1601). Bill collectors are only allowed to contact other people to find out where you live, what your phone number is, or where you work. They are not even supposed to say that it is about a debt.

[Bell30656]

Actually it would not have been illegal. The OP listed his mother's phone number as his home phone. They were not contacting others, they were attempting to contact him and unless the mother specifically told the collector that she was his mother, the collector would assume that he/she was speaking to the debtor's spouse or immediate family member to which they could discus the debt with in most states. There is already case law on this type of situation.

"15 USC 1692c
(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator. "

[mgmtrnr]

Well, unless Broduke is a minor then the section from which you quoted does not apply to his mother.

There's a big difference between whether they can ask something and whether it is legal for them to ask something!!

[Broduke]

I am not a minor and they knew they were speaking to my mother.

[Broduke]

Also, I don't know if it matters what state you live in, but it is Michigan if so.

[HHM]

Well, unless Broduke is a minor then the section from which you quoted does not apply to his mother.

There's a big difference between whether they can ask something and whether it is legal for them to ask something!!

Let's assume your right (which you are not), so what, unless you are willing to sue the collections agencies, its a moot point.

[mgmtrnr]

Let's assume your right (which you are not), so what, unless you are willing to sue the collections agencies, its a moot point.

Well...excuse me for trying to bring the legal aspect into the conversation!! I guess I'll just stick to asking questions and let the "moderators" be the "all knowing"!!

Sorry, HHM...but I was just referencing the Fair Debt Collection Practice Act so maybe you can give us a clarification as to why...in your opinion...the Federal Trade Commission (FTC) is wrong. He probably won't sue but he still needs to know what his rights are according to the FTC.

[HHM]

Well...excuse me for trying to bring the legal aspect into the conversation!! I guess I'll just stick to asking questions and let the "moderators" be the "all knowing"!!

Sorry, HHM...but I was just referencing the Fair Debt Collection Practice Act so maybe you can give us a clarification as to why...in your opinion...the Federal Trade Commission (FTC) is wrong. He probably won't sue but he still needs to know what his rights are according to the FTC.

Bells interpretation is closer, if the number the collection agency called was provided by the consumer, they are not restricted from identifying themselves and divulging the nature of the call.

But again, the FDCPA remedy is to sue them for damages, if you are not willing to do it, then this conversation is merely academic.