Washington mutual possible harassment???

Question

ok yes i know i owe them some money. made a 4 payment plan with them to pay off a 5200 balance. could not make the last payment now they went back to original balance of 8700. i was staying with my mom but now am staying at a shelter. no job no money at this time. im working on it. times are rough right now. i keep calling wama and telling them im trying to get the money together but to please stop calling my mothers house i am not there and she is ill with heart problems and you are getting her upset. a few times they got nasty with her. i called 3 times and said not to call her home anymore. i was told that if you tell them not to call a certain number anymore and they do that it is harassment. is this true and what further action can i take. i do not have a number to be reached at frm the shelter but does that mean they will keep calling my mom even if i said not to anymore. thnks.

Answer 1

First, original creditors have different rules than third party collection agencies.

Second, you can send a certified, return receipt letter to a collection agency telling them to cease and desist all contact.  The FDCPA does not, however, allow the debtor to dictate that contact can only be by mail.  You can ask the collector to not call and only contact you by mail, but legally they do not have to do so.

If you send a collector a cease and desist letter, be prepared to be sued.

The collector is not allowed to discuss your debt with your mother, but they can certainly call there looking for you.   They cannot keep calling your mother after she has informed them you do not live there.

Answer 2

Send them a registered letter Return signature requested.

In the letter explain to them that you do not reside there,and not pester the party at that number.

Now you have a paper trail when you file a harassment suit.

If your mother was a co signer on the note they can pursue her for the payment.

Also if you have caller ID save the calls when they are made to you.

That will also be a solid record. Caller ID also gives a time date if you have it programed to do so.

It is against the law for them to keep harassing you.

Answer 3

First of all, have your mother tell them you no longer live there and  demand they stop calling or she will report them to the FTC.  

Usually a threat like that will stop them.

If it does not, she will need to call the FTC and complain.

1-877-FTC-HELP (1-877-382-4357

They can  be fined out the ying yang for harassing people.

I hope things get better for you.

Answer 4

It's nearly impossible to prove verbal requests done via phone.

What you need to do is send the creditor/collection agency a "cease and dessist" letter and send it by registered mail so they can't deny receiving it. Do NOT sign the letter as they might use your signature to forge documents.

If after they've received the letter they call your mother again, immediately report them to the FTC. Have the phone company provide a trace report of the calls from them too.

Answer 5

It's only harrassment if it's a collection agency calling that you've asked to stop.  An original creditor is allowed to call you on a debt you owe them.  If you don't live there your mother just needs to tell them "there is no one here by that name" and hang up.  Eventually, they should stop calling.  I have a creditor who just started sending letters to my elderly parents house.  I'm assuming they looked on my credit report and found a list of past addresses, and are now sending letters to every address I've ever had!  Even though they are still sending the letters to my current address!  If i don't answer from one, they'll find many to try.  I lived with my parents for 2 weeks about three years ago, before I even had dealings with this company, and I never gave them my parents address!  If you are unemployed they cannot take legal action against you and try to garnish your wages.