Discover called my husband's EX-WIFE!

[jmr]

I was reading a few other posts here and looked at a couple of links about whether or not this is illegal. Discover Card has been hounding me for months...I used to pick up the phone occassionally and try to talk to them but not anymore...it does me no good. Anyways, I have an answering machine and they leave messages. My stepson called the other day to say that Discover Card left a message on HIS mother's answering machine looking for me!!! I am not even related to her. Does anybody else think this just somehow doesn't seem right? They know how to contact me although I don't answer their calls anymore. Talk about humiliating!!!! Even if they don't tell her what they are calling about, it's pretty easy to figure out. Also, one of my creditors has been calling from an out of the area cell phone! Has this happened to anyone else? I have a feeling it is Discover Card also.

Thanks for listening!

[HRx]

read through this website:

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

looks like the collector used the good 'ol "embarrass 'em" methodology.

[edwards2]

Coincidentially, a friend of mine and her husband just got sued by Discover Card. They were unable to make the payments and Discover hounded them just like they are doing you. They had some family tragedies in the meantime so they just ignored Discover. Discover took them to court; they agreed to sell their land to pay them. Land didnt sell; Discover got a court order and debited money out of their checking and savings account...they took everything. My friend stopped the direct deposit of her husband's paycheck and had an attorney squash the garnishment. Anyway they had a court date again with Discover a few weeks ago and the amount had swelled to almost 3x what they originally owed. They did cut a deal with Discover and the judge agreed. Now they will be paying just a small percentage over what they originally owed. Sorry to be so long winded but the bottom line is Discover is relentless..

[jmr]

I feel for your friend. To tell you the truth, that scares me even more! I have my first appt with a bankruptcy atty on saturday and i hope to get some good news. It seems it would be MUCH easier if I didn't have a house but I'm keeping my fingers crossed. And I know that, even if and when my situation improves, I will NEVER deal with Discover again! They send all these nice letters in the mail ("we want to help", "we care", "we understand you are having difficult times") but when you talk to their people on the phone, they are just rude. I made a couple of phone payments to them and told them, this is all I can afford for a couple of weeks, and they were back to calling me LESS THAN 48 HOURS LATER!!!! So I told them the phone would just have to keep ringing then unless you'd like me to send you a bad check. And, oh boy, is the phone ringing! Today they called 6 times before 10 AM! Thanks for your responses!

[edwards2]

Didn't mean to scare you. Keep in mind my friend's debt with Discover was over a period of years - not months. I love my friend dearly but she and her husband are the poster couple for procrastination. Doesnt excuse Discover's behavior at all and in fact the judge agreed with my friend that Discover could not charge the exorbitant interest they were charging them. They let my friend pay a minimal amount each month. My friend told the Discover attorney that her husband had medical issues - which he does - and a daughter and her medical issues as well as her own. He was actually sympathetic...couldnt be that that was after he lost the case ...at least the interest part. There is a Privacy Act that companies are supposed to adhered to but unfortunately there isnt anything in it that limits the number of times a day they can call and harrass you. They have limits on when to call and the lastest they can call and they are not supposed to threaten but they do everything but. Just remember this too shall pass. When all else fails they try intimidation.

[jmr]

yeah well I can be intimidated pretty easily I guess but, as time goes by, I'm getting a little more jaded. Intimidation does not raise my bank account balance so their effort is all in vain. I guess the problem is that these companies have SO many customers, I am just a number. They don't know that I have a guilty conscience over not being able to pay all my bills and that I really want and intended to pay for the things I've charged. But chit happens and situations came up that were out of my control. All I can do is to continue to trudge along day after day. Thanks for your help!

[987654]

I had Ford Motor call my NEIGHBORS and ask them to deliver messages to us. Now that was uncalled for

[edwards2]

Absolutely it was...how did they know who your neighbors are to begin with? The thing is don't ever ignore your creditors because they won't go away. They get desperate and ruthless and do things like you described. Where I work we get a lot of calls about unscrupulous things collection agencies do. They tow the legal line but just barely. There are is a collection agency board who takes complaints on collection agencies; we refer a lot of people to them.

[HRx]

Collection agency's are willing to thread/cross the fine line of unethical collection practice, because they know that 99% of those in debt up to thier ears, don't have the financial means to sue them! A class action suit is the best way to go about it..................Or you could try to catch them making unethical/illegal collection practices, e.g. messages they left of answering machines, and see if you can get the media interested doing a story behind it. But again, the majority of those in debt, are overwhelmed enough dealing with the reality of thier finanical mess........and probably don't have the energy to go about trying to sue a renegade collection agency.

[HHM]

FDCPA Violations are worthwhile cases, but there are not too many attorney's that do them. As Todd stated, enforcing the FDCPA (civily) is a catch 22 because those that are victims, don't have the resources and often time the sophistication to see or hire an attorney. Granted, most attorney's who do these cases do them on contingency (because the FDCPA specifically authorizes the award of attorney fees), but proving these cases is often difficult, short of having a copy of a letter that violates the FDCPA or someone left a message (which most CC don't do anymore), it can be difficult.

The National Consumer Law Center, http://www.consumerlaw.org/ often bring these types of cases but they are more interested in Class Actions than individual actions.

[dolomite]

I am an FDCPA attorney who despises the existence of collection agency's

My name is Matt Dolman and I am a Florida attorney who specializes in litigation under the Fair Debt Collection Practices Act. I have viewed this message board for quite some time and find it to be very informative. I am affiliated with attorney's from other states, so do not hesitate to contact me if you are not a Florida resident. Please do not consider my post to be spam as I did not join this site for the purpose of seeking clients. I simply decided it was time to post due to the fact that very few attorney's litigate under the FDCPA and debtors often have no options in lieu of collection violations.

It seems clear to me that collection agency's view violations as a simple cost of doing business that they are willing to bear. In other words, these very agency's that routinely violate the FDCPA do so with one simple idea in mind; that very few individual debtors will retain legal counsel and pursue a lawsuit based on such eggregious violations. The supervisors, managers, and principals (at these very collection agency's) fully understand the FDCPA and willfuly choose to ignore and even advocate violating the statute as a business decision. They realize that the gains (zealous collections) outweighs the cost of violating the statute due in large part to the fact that few attorneys litigate under this obscure statute.

If any poster on this board needs any further information or has an inquiry concerning the FDCPA, their particular situation, creditors who routinely violate the law, or any cause of action arising under the statute; feel free to contact me at <removed> or view my website at <removed> I seek my attorney's fees from the collection agency and thus do not charge a retainer. If the case goes to litigation, I will make a motion for attorney's fees. In contrast, if a settlement is reached, I will work attorney's fees into the settlement.

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.

[angelina]

to the discover issue

yes i have discover after me to my husb lost job and then some med problems. i have 3 kids and i am the only one working.i sent what i could on line payments and then they brief period i could make one then it never went to collection my went straight to attroneys i owe 3 grand and it been maybe year and i try talking to them and they saidd it out of there hands soi try to call the attroney and i told him this is all i can afford and he laugh and said they wont even acept this amount and said it would have to be over 150 a monnth. so it he said well they already set up jugdement on me i have less then7 days to respond. i not sure how? but this is sad i been with disc about 10 yrs and always been on time and they cant work with you. they harrase me at work till i said that you by law dont want to be called at work.hopefully you wont be sue like i am i on the way of bankrupy maybe i cant afford all this at one time.good luck

[HRx]

yes i have discover after me to my husb lost job and then some med problems. i have 3 kids and i am the only one working.i sent what i could on line payments and then they brief period i could make one then it never went to collection my went straight to attroneys i owe 3 grand and it been maybe year and i try talking to them and they saidd it out of there hands soi try to call the attroney and i told him this is all i can afford and he laugh and said they wont even acept this amount and said it would have to be over 150 a monnth. so it he said well they already set up jugdement on me i have less then7 days to respond. i not sure how? but this is sad i been with disc about 10 yrs and always been on time and they cant work with you. they harrase me at work till i said that you by law dont want to be called at work.hopefully you wont be sue like i am i on the way of bankrupy maybe i cant afford all this at one time.good luck

Good Luck!

[whtsamada]

[copper2]

Discover/FDCPA Attorney

When I had an account go into collection status, I got online and read everything I could about collection practices and strategies, one of which is social pressure. Getting everyone in your life to start asking questions. My question: Does anyone have information about how to find working Class Action lawsuits against creditors? I have an experience with Citibank's in-house collection department, not limited by FDCPA. Maybe my story is not worthwhile but it seems funny to me. I attempted to work with the in-house collection department, actually having to state FDCPA limitations to them that were violated, which got my call transferred very quickly to a manager. He explained they were simply "appearing" as a collection agency using a different name for business. He then advised me NOT TO MAKE PAYMENTS (which I volunteered to do) because of the default interest rate (it would simply never get paid off). Rather to settle, though never stating an amount. I never heard from him again and it has been charged-off, with my credit now destroyed. I have 19 years of payment history with Citibank and my fear of a lawsuit is pushing me to explore bankruptcy protection.