A creditor called me recently about a declined payment. It was supposed to be the final one on an account that was in collections. I had arranged a payment plan to avoid being sued. I think the payment might have failed because I used the same card earlier for gas, but I’m not entirely sure. They left a voicemail saying if I didn’t make the payment, it would be a breach of contract, and they’d sue. They also said they didn’t care whether the decline was intentional or not. I’ve already made the payment and closed the account, but I felt their message wasn’t professional. Should I report this?
I’m not a lawyer, but letting you know about a contract breach doesn’t sound like a threat. If you’re in the US, you can sue anyone for anything, but winning is a different story.
Just telling you about a breach isn’t a threat.
Wendell said:
Just telling you about a breach isn’t a threat.
Calling repeatedly is harassment though. By law, under FDCPA, they can’t do that.
Wendell said:
Just telling you about a breach isn’t a threat.
Calling repeatedly is harassment though. By law, under FDCPA, they can’t do that.
But that’s not what was described. It was one voicemail.
Wendell said:
Just telling you about a breach isn’t a threat.
Calling repeatedly is harassment though. By law, under FDCPA, they can’t do that.
The person who posted didn’t say anything about repeated calls, just the one voicemail.
Wendell said:
Just telling you about a breach isn’t a threat.
Calling repeatedly is harassment though. By law, under FDCPA, they can’t do that.
Commenting without reading, as usual.
It’s hard to win cases like this.
Clancy said:
It’s hard to win cases like this.
Maybe use that lawsuit money to pay your debt!
Sue for what? They’re allowed to try to collect money you owe.
Rex said:
Sue for what? They’re allowed to try to collect money you owe.
Harassment isn’t legal. In California, you can sue if they’re being aggressive or threatening legal action without cause.
@Mackenzie
Calling once and saying you’re in breach isn’t harassment.
Rex said:
@Mackenzie
Calling once and saying you’re in breach isn’t harassment.
But calling constantly is harassment, and there are serious penalties for it.
Rex said:
@Mackenzie
Calling once and saying you’re in breach isn’t harassment.
But calling constantly is harassment, and there are serious penalties for it.
The original poster didn’t say they were called constantly, just that there was one call.
@Mackenzie
If it was the original creditor and not a collection agency, FDCPA rules wouldn’t even apply.
I’d just leave a bad review about them and not deal with them again.
Linden said:
I’d just leave a bad review about them and not deal with them again.
That’s probably what I’ll do. Thanks.
They didn’t threaten you. They told you the consequences of not paying. That’s not illegal.
Jet said:
They didn’t threaten you. They told you the consequences of not paying. That’s not illegal.
It’s not the message itself, but the tone. Saying they didn’t care if it was intentional or accidental seemed unprofessional. I don’t want to escalate things since I’ve already paid, but I feel like reporting it to their higher-ups.
@Vann
Being rude isn’t illegal.