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Creditors discussing past due account with others... Is this legal?


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Hi everyone!

 

I've been off the board for a few years. I had successfully rebuilt my credit from crap, and then life just got too busy for me to keep up with Credit Boards.

 

Unfortunately, since that time, my credit has taken a hit, and things are currently in a downhill spiral.

 

So here's a scenario I just encountered yesterday.

 

I am behind on my Navy Federal accounts by about 70 days. I haven't answered their call yet, as I'm still coming up with a game plan. My mother mentioned to me last week that they called asking for me. I assume they got the number from my credit report or another public source, and I didn't think too much of it. My parent's landline has been around for decades, and it's always the first number called when a creditor is looking for a family member. Since most companies have a privacy policy that prevents them from discussing account details, I was not worried about her finding out too much information.

 

Well, I got a text message yesterday from my mother asking me why I was 70 days behind on my accounts! Apparently, Navy Federal called again and divulged all of my information, even though she is not on the account, and is not a co-signer.  (I was, however, the sponsor for her navy Federal account. That's the only connection she would have).

 

I am downright furious at Navy Federal for calling my parent's house and providing that information, which frankly, is not her business or concern. Now she is worried, and taking it out on me. It seems there would be some law or policy that would protect me in this instance. Navy Federal called a phone number that is not mine, and discussed account details with the person who answered the phone.

 

I searched for about an hour last night about this, and I'm only coming up with laws against debt collectors, but not the original creditor.

 

Any help would be apprecaited!

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37 minutes ago, jonson said:

Hi everyone!

 

I've been off the board for a few years. I had successfully rebuilt my credit from crap, and then life just got too busy for me to keep up with Credit Boards.

 

Unfortunately, since that time, my credit has taken a hit, and things are currently in a downhill spiral.

 

Just a casual observation, notice how you use an active voice when talking about repairing your credit.  You say "I had successfully rebuilt".  When you talk about what happened since, you switch to a passive voice.  You don't say "I destroyed my credit," instead you say "my credit has taken a hit" and "things are in a downhill spiral."   I find that interesting. 

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Hi everyone!
 
I've been off the board for a few years. I had successfully rebuilt my credit from crap, and then life just got too busy for me to keep up with Credit Boards.
 
Unfortunately, since that time, my credit has taken a hit, and things are currently in a downhill spiral.
 
So here's a scenario I just encountered yesterday.
 
I am behind on my Navy Federal accounts by about 70 days. I haven't answered their call yet, as I'm still coming up with a game plan. My mother mentioned to me last week that they called asking for me. I assume they got the number from my credit report or another public source, and I didn't think too much of it. My parent's landline has been around for decades, and it's always the first number called when a creditor is looking for a family member. Since most companies have a privacy policy that prevents them from discussing account details, I was not worried about her finding out too much information.
 
Well, I got a text message yesterday from my mother asking me why I was 70 days behind on my accounts! Apparently, Navy Federal called again and divulged all of my information, even though she is not on the account, and is not a co-signer.  (I was, however, the sponsor for her navy Federal account. That's the only connection she would have).
 
I am downright furious at Navy Federal for calling my parent's house and providing that information, which frankly, is not her business or concern. Now she is worried, and taking it out on me. It seems there would be some law or policy that would protect me in this instance. Navy Federal called a phone number that is not mine, and discussed account details with the person who answered the phone.
 
I searched for about an hour last night about this, and I'm only coming up with laws against debt collectors, but not the original creditor.
 
Any help would be apprecaited!
Navyfed can be difficult to deal with. I would call them asap and tell them that you can't pay them now (assuming that is the case). They are going to be aggressive so not communicating is not a good plan. Just be honest and tell them you can't pay and let them know when you can. If you can pay them then pay them and if you can't then don't. Things happen and don't get discouraged. As an original creditor they are not subject to the FDCPA. Also, be honest with yourself. If you can't pay them then don't pay them. If you think you can work something out navyfed has a hardship program that will reduce the interest rates on your loan. I'm not a big fan of these types of programs because consumers who are in trouble tend to overestimate their ability to repay their debts and end up defaulting on the repayments plans. Either way, good luck and be smart, realistic and rational with your planning.

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Just a casual observation, notice how you use an active voice when talking about repairing your credit.  You say "I had successfully rebuilt".  When you talk about what happened since, you switch to a passive voice.  You don't say "I destroyed my credit," instead you say "my credit has taken a hit" and "things are in a downhill spiral."   I find that interesting. 
Spacemule, why don't you come out and say what you want to say? From my perspective, people that are asking for help should not be chastised on these boards. At least if you are going to chastised them just tell them how you feel directly IMO.

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2 minutes ago, nyquil556 said:

Spacemule, why don't you come out and say what you want to say? From my perspective, people that are asking for help should not be chastised on these boards. At least if you are going to chastised them just tell them how you feel directly IMO.

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What gives rise to your assumption that I am unable to speak my mind or that I am being indirect? 

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4 minutes ago, nyquil556 said:

Why do you find the request for help interesting?

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I also find your apparent obsession with my posting manner to be interesting.   😛  Be that as it may, the thread is being pulled into the weeds, which helps no one.  Noticed how I used a passive voice out of politeness. 

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5 minutes ago, nyquil556 said:

Why do you find the request for help interesting?

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Thanks for your help, Nyquil. I'm just ignoring spacemule's remarks on my writing abilities.

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4 minutes ago, jonson said:

Thanks for your help, Nyquil. I'm just ignoring spacemule's remarks on my writing abilities.

Just to clarify, my observation had nothing to do with your writing abilities.  My observation was regarding your voice. That being said, this is a free country, and you are welcome to disregard anything you see fit, or that makes you uncomfortable, or that calls you on the phone.   Cheers.

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Just to clarify, my observation had nothing to do with your writing abilities.  My observation was regarding your voice. That being said, this is a free country, and you are welcome to disregard anything you see fit, or that makes you uncomfortable, or that calls you on the phone.   Cheers.
It's all good spacemule. To each his own and be well.

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Thanks for your help, Nyquil. I'm just ignoring spacemule's remarks on my writing abilities.
Jonson, I commented to spacemule because I thought he was being passive aggressive and sarcastic when I thought he should and could be more helpful. It's all good though. I'm not the thought police and spacemule has a lot to add to these boards.

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The short answer is YES, Navy Federal violated your privacy and likely some Federal or State laws in sharing your info with your mother.

 

I cannot quote those laws or suggest any sort of retaliation against Navy Federal. It likely is not worth the effort. 

 

I had a phone call with Equifax once where Equifax was trying to get someone from Bank of America on the phone call to discuss my dispute in a conference call. Bank of America rep refused to participate as long as Equifax was on the phone call due to my privacy rights. I was sort of proud of Bank of America in that situation.

 

As far as dealing with Navy Federal now, I would give them a call and just be honest with them. If you want to salvage the credit account, just be honest with them and tell them you are trying to get your plan together.

 

If you have no intention of paying Navy Federal and just plan to try to dispute the account off of your credit files, then go radio silent and start disputing based on whatever your strategy is.

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Would need to know which state to consider state laws.

 

"The Fair Debt Collections Practices Act (FDCPA) is a federal law that governs the conduct of third-party debt collectors. However, it does not apply to your original creditor. Some states have passed laws that extend the FDCPA to the original creditor in their state." - https://www.bbb.org/financial-building-blocks/collection-laws/

 

They have a list of which states also have the FDCPA cover the OC as well.  Good luck with it.

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16 hours ago, nyquil556 said:

Navyfed can be difficult to deal with. I would call them asap and tell them that you can't pay them now (assuming that is the case). They are going to be aggressive so not communicating is not a good plan. Just be honest and tell them you can't pay and let them know when you can. If you can pay them then pay them and if you can't then don't. Things happen and don't get discouraged. As an original creditor they are not subject to the FDCPA. Also, be honest with yourself. If you can't pay them then don't pay them. If you think you can work something out navyfed has a hardship program that will reduce the interest rates on your loan. I'm not a big fan of these types of programs because consumers who are in trouble tend to overestimate their ability to repay their debts and end up defaulting on the repayments plans. Either way, good luck and be smart, realistic and rational with your planning.

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What state are you IN ?  

 

some states debt collection laws covers Original Creditors 

 

 

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What state are you IN ?  
 
some states debt collection laws covers Original Creditors 
 
 
Virginia. What states do you know of where the original creditor is covered by a state or federal law related to abusive collections acts? BTW, what navyfed is accused of doing is wrong. I have experience with them from back in the day and I complained directly to their chairman.

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Would need to know which state to consider state laws.
 
"The Fair Debt Collections Practices Act (FDCPA) is a federal law that governs the conduct of third-party debt collectors. However, it does not apply to your original creditor. Some states have passed laws that extend the FDCPA to the original creditor in their state." - https://www.bbb.org/financial-building-blocks/collection-laws/
 
They have a list of which states also have the FDCPA cover the OC as well.  Good luck with it.
Thanks for the list. I didn't know their were any systems what had held the original creditor to the FDCPA.

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Thanks for the list. I didn't know their were any systems what had held the original creditor to the FDCPA.

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Meant to say that I didn't know there were any states that held the original creditor to the FDCPA. Sorry for typos.

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I had a delinquent account through a Credit Union at my college years ago. This was one of many at that time (20+). The best advice I can give you is to make good with them.  Out of all of those accounts, the credit union was the only charge off (out of 20+) that actually sent me a lawsuit certified mail. And they tracked me down years later after moving to a different state. 

 

I ended up settling all of the delinquent accounts prior to knowing that a settled collection/charge-off in no way helped my score. 

 

Do what you can to at least talk to them about your situation.  Dodging calls never did me any good... if you talk to them, there are a bunch of ways they can help!

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Guest rumaki

I've been an NFCU member for a long time and not taking to them on the phone is a recipe for disaster. They will charge you off and sue you very quickly as soon as they feel you won't talk to them. What exactly is so scary about the phone?

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With the reference to having SPONSORED mom, it begs the question of what language may appear in those Agreements...with the right language in the forms, OP may very well have AGREED to the sharing of information. 

 

I don't have Navy accounts so I have no idea what their members agree to.  But with things like cross-collateralization being a real thing, it would not surprise me to see agreements that permit the discussion with family (even moreso if such agreements on sponsorship allow the CU the ability to terminate the sponsored account when the sponsor has defaulted). 

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