If a person stopped making credit card payments and the debt was later transferred to a collection agency. Said debt collector gives the debtor’s spouse a call and lets them know how much is outstanding. The spouse’s phone number was never given to the card company or debt collector, and the couple was not married when the card was applied for.
Can anything be done to help? I would appreciate any guidance.
EDIT: I’m not sure how or where people learnt that my spouse was not aware of the debt. My spouse knew that I had credit card debt. It has yielded results.
For a small period, I worked as a debt collector, and they have software that allows them to find out who might know or be linked to the debtor. I had to ask the family or whoever it was where I was if they knew who the debtor was and if they could get them to phone us back. We were not permitted to disclose any information such as our affiliation with a debt collection firm.
You ought to familiarise yourself with the local legislation. There are restrictions on the debt collector’s daily phone calls, postal deliveries, and contact list. Debt collectors may face consequences for specific behaviours. The debt collector will typically make threats that they are unable to follow through on, and there are time restrictions on when they can file a lawsuit.
It is against the law to disclose information about debt amounts and other personal details, thus you shouldn’t have concealed the debt. Calling people you know and asking for a callback is standard procedure, but they cannot disclose any details about your account unless you give them permission to be added and put on the account. I would review your individual terms and agreements, but generally speaking, no, that is not permitted.
If they tell your spouse about the information, is it really a problem? It’s not as if they are giving it to the mailman or the neighbour next door.
As per the definition of “consumer” in 15 U.S. Code § 1692c(d) of the FDCPA, a “spouse.” Debt collectors are therefore permitted to speak with a spouse since it is regarded as equivalent to speaking with the client.
They are able to and will do it legally. However, a very dark circle of hell is waiting for them.
What is the debt’s age? Lately, I’ve been receiving new calls concerning debt that is over ten years old.