Heather
Murphy,#2Consumer Suggestion
Tue, October 31, 2006
Mimi: Viking Collections just broke federal law by calling your ex-husband. The law I am referring to is called the Fair Debt Collection Practices Act "FDCPA". Google it and read up on what your rights are and what a collection company can and CAN'T do. Read specifically sections 804 and 805 that pertain to communications with third parties. Viking is allowed to call a third party (namely your ex) for location purposes only. They can't discuss what they're trying to locate you about - they can only ask for your contact info. Since they obviously already HAD your contact info (since they've been talking to you on the phone), they broke the law. Have you confirmed this telephone conversation with your ex, by chance? If so, you would have good grounds to file a lawsuit against Viking. May I ask when you last made a payment on the Capital One card and about how much they charged-off? I ask because if it's a relatively small amount, Viking's federal law violations could offset the amount due on the credit card. Contact Bud Hibbs at his website. He will put you in touch with an attorney that will be more than willing to help you out. By the way, stay off of the telephone and send them a certified letter stating that you dispute the debt and that telephone calls are inconvenient. Keeps copies of everything that you send to them and that they mail to you (along with the envelopes). You need to start tracking their violations (and reading up on the FDCPA will jump start you).