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Need some advice about harassing phone calls from a loan place.


Posted: Oct 21, 2014

My 22yo son and his girlfriend apparently took out a small loan - not sure if it was a payday loan place as the company doesn't identify themselves as giving "payday loans."  They are called Security Finance and according to their website, they are licensed to offer "traditional installment loans." Long story short, my son and his girlfriend took out a $500 loan with this people.  They had to list something like five references on their loan app.  Of course, they did not pay the loan back and the loan place has since been calling me as I am listed as one of the references.  I have spoken to these people and told them that my son does not live with me, that I have passed on their messages, and that is the best I can do.  They have his cell phone number, etc.  So they need to please quit calling me.  They still continued to call.  So I simply stopped answering.  I'm fine with ignoring their calls.  Then my sister calls me as she has a small loan with this place.  She had gone into make a payment on her loan and they asked her if she knew my son because they "noticed" that I was listed as a reference on his loan app and her loan app.  She told them it was her nephew and that she would give him the message.  Well that irritated me a little bit.  Then two days ago my 14yo daughter tells me today she's been getting these local calls that she doesn't answer because she's in school, but they leave messages saying "This is Ashley, please call..."  They don't say who they are.  So I looked the number and it is this loan place calling my 14yo daughter to try and track my son down!  Now I'm very angry.  I called my son and asked him if he put his sister down as a reference and he said he couldn't remember.  I yelled at him and told him to call these people, but he says he can't pay the loan, so why even call.  So I called these people and told them in no uncertain terms that were NOT to call me or my daughter again to which I was told that they were not harassing me, just trying to get a hold of my son.  I told them my daughter was a child and they just laughed and hung up.

 So my question is who do I contact about them harassing me and my daughter?  What are my rights?  I didn't even borrow that darn money.  I'm just a flippin' reference for crying out loud and my daughter is a minor so she legally cannot be anyone's reference!  If my son were sitting right here, I would throttle him!

;

I think this will help get them off your back. - sm

[ In Reply To ..]

You poor thing!  I bet you're ready to smack your son!  I found this online by searching:  "creditors harrassing references of customers."  It's info about the Fair Debt Collection Practices Act (FDCPA). 


http://www.communitylegalaid.org/library/consumer/410-What-to-Do-When-Creditors-Are-Harassing-You-The-Fair-Debt-Collection-Pactices-Act


In a nutshell, by law the creditors HAVE to stop calling you when you tell them to.  They are breaking the law by continuing to harrass you.  They can be made to pay a fine. 


What concerns me the most is that your teenage daughter is being harrassed!  First of all, your son was way off base putting her down as a reference.  He is lying when he tells you that he doesn't remember giving them her name and phone number. 


Here's another helpful website.  Click on the link and then scroll down to the section called "What restrictions are imposed...."


http://www.expertlaw.com/library/consumer/fair_debt_collection.html#10


You are far more patient than I would be, both with my son and with this collection agency.  Good luck!  Yell


 

Yes! This is what I was trying to remember...SM - KC

[ In Reply To ..]
I had to use this to get rid of a harassing creditor (for a recurring subscription that I had cancelled). I don't remember where I read it, but some site recommended sending them a letter demanding they stop contacting me, citing the FDCPA, I think they even had a rough sample of a letter to use, and it worked. They had resorted to using several different collection agencies, as well. Once I sent the letter, I never heard another word from them!

Try Dave Ramsey's site--sm - anon

[ In Reply To ..]
I believe there is information there on how to deal with creditors. Even though the loan is not yours, it is still the law that covers harassing creditors.

We get calls for my in-laws, frequently. It drives me absolutely bonkers and most of the time, it is automated so cease and desist threat is pointless. They are not just trying to get a hold of your son, they are hoping that you will get frustrated enough to just pay the bill for him.

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