Laurie
Haslet,#2Consumer Suggestion
Thu, October 30, 2008
WITH the Federal Trade Commission and Office of Thrift Supervision GEMB violates Fair Credit Billing Act Fair Credit Reporting Act Electronic Funds Transfer Act Only reporting them to the government will stop them. Its companies like GEMB that have created the mess to our economic system and they have to be stopped!
X
Oakland,#3Consumer Comment
Thu, October 30, 2008
Ok...I truly believe that people must know what they are talking about before they start making suggestions to people on here. Tara's reply to just about everything is wrong. First off, regardless of what state you reside in, you must read the original credit agreement and determine which state the contract was deemed to be made in. Most are DE, SD, OH, and UT due to their loose credit laws. Secondly...Other than in IA, MA, and GA, a creditor is permitted to speak to one's spouse regarding financial matters. Third...The FDCPA is regulation over third party collection agencies; it has no bearing on GE Money or any other bank which is the primary lender/credit grantor. GE owns these particular receivables, therefore, they are the primary lender. Fourth, and finally...If an account is 1 day delinquent, a bank may chose to collect on the debt however they wish. If you were set up on a hardship program, and you were one day late, their policy may be to send the account for legal action because you weren't able to pay your regular payment, then you defaulted on a hardship arrangement, in their eyes, they may feel that they have exhausted their efforts. Oh, and contrary to popular belief, if you don't pay the minimum amount on your statement, banks can pursue collections, legal recovery, etc. I have worked for a few national banks, particularly in the credit card, auto finance, line of credit divisions of collections, recovery, fraud, and risk and I have seen where people have paid $1.00 a month believing that if they are paying something, the bank can't pursue different methods of collecting the debt. That is dead wrong. I do wish you the best of luck in resolving this matter, hopefully the attorney will set up a settlement or payment arrangement with you.
Tara
Hurst,#4Consumer Suggestion
Sun, September 28, 2008
You need to contact the FCC regarding the harassment you endured at the hands of the creditor's over-zealous collection agents. Also, here in Texas if you have a standing agreement for payments on an installment loan then they can't just arbitrarily turn you over to a law firm for civil action. They must first notify you that your payment amount is no longer acceptable to them. They must then attempt to work out a new payment which they find satisfactory and since you are talking about a single purpose loan which had already progressed into a collection status previously and had been renegotiated they have to be willing to accept an amount which you can afford. They then have the option to accept the new payment terms or refuse the new terms and send you for collections. But here is the key, if they accepted your new payment plan and started accepting money from you then they can't just send you to a lawyer. They have to show where you made no good faith effort to follow through on the payment structure. Now, here is the big part.......... You need to have your husband sit down and complete a statement about the phone call in which all of your personal financial information was shared with him. That is HIGHLY illegal and they can find themselves looking down the barrel of some very costly sanctions. I know because they did the same thing to me with my EX-HUSBAND! We were living in different states and had been divorced for nearly 5 years when they did it. It is against federal law for any collection agency to release the details of any financial transactions to anyone other then those listed as a party to the transaction. Legally they can't even leave you a voicemail on your phone that even mentions the financial agreement at all. If they leave a message it has to be nothing more than "Ms. Smith this is Joe Baker and I need you to return my call at 888-555-1212 at your earliest convenience to discuss a pressing personal matter." That is it!! Nothing more, nothing less. You know it might benefit you to pay a visit to the consumer protection website. All the fair debt collection laws are listed there and you can verify what I am saying is accurate.