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-   -   Is this considered against the law? If so, what to do. (https://www.askmehelpdesk.com/showthread.php?t=338151)

  • Apr 5, 2009, 12:29 PM
    Jake2008
    Is this considered against the law? If so, what to do.
    I have a very good friend who is friends with a mutual friend of ours. We used to all work together.

    I have ceased the friendship with the mutual friend, she was a user.

    My other friend though, has not. What has happened is lawyers, bill collectors, cheque cashing places, landlords, work references etc. have been calling her, looking for the 'friend'.

    My friends husband phoned the 'friend', and told her off. Then HER husband calls and threatens legal action because his wife was sworn at.

    Nothing they have done has stopped these calls. There were four of them just Friday alone. I have had two, and none since.

    They want to change their phone number, but if the creditors had the 'friend's' phone number and could reach her, they'd have called. Now I suspect they will get letters and people coming to the door instead.

    What, if anything, can they do.
  • Apr 5, 2009, 12:34 PM
    stevetcg

    Swearing at someone (at least in the US) isn't a crime unless it is a threat of some sort. If so, every single person at a Yankees/Red Sox game would be in jail. The problem here is that they would have to prove it in court... and "well... he called her a name" is not generally considered solid evidence.

    As for the creditors calling - there were too many pronouns for me to tell who was doing what to whom.
  • Apr 5, 2009, 12:57 PM
    Jake2008
    Sorry Steve, it was really the harassment I was talking about. Let me try again.

    A very close friend of mine receives calls, several dozen over the past year, from creditors, bankers, lawyers etc. looking for a friend of hers.

    That friend, without permission, used her name as a reference on applications she has been filling in on everything from a payday loan to an apartment application.

    She has asked her many, many times to stop, and nothing has worked. She continues to use my friends name.

    On Friday there were four calls alone. Things are getting very stressful for my friend.

    I am curious as to how she can seek help to stop the harassing phone calls from these strangers. Should she go to the police, or seek a legal remedy?
  • Apr 5, 2009, 01:21 PM
    stevetcg

    In the US, if you tell them to only contact you via mail, they are required to do that and any call further can be a harassment charge against them/the company.

    Mail just goes into the recycling ignored.

    I understand that its annoying, but why stressful? I, personally, find it cathartic to say "yeah - not my problem. screw." to anyone that will listen. :)
  • Apr 6, 2009, 05:43 AM
    excon

    Hello Jake:

    It's even better than Steve said. You can require them to stop ALL contact - even mail. It takes a certified letter, though.

    Of course, the only recourse a creditor has at that time is to sue.

    excon
  • Apr 6, 2009, 08:40 AM
    Jake2008
    She is not well, and the nature of the calls have been very upsetting to her. I have asked her to get the name and (blocked) phone number if she can so I can make a few phone calls on her behalf. But it seems she no sooner goes for a time without the calls, and they start up again.

    I was hoping that the person using her name and number, could be stopped with a restraining order or something along those lines, but because the actual harassment is done by a third party, I'm not sure what the rules are there.

    I'll be seeing her this week and I may stop into the JP. I have managed to locate a new address for the woman using her name.

    That's a good idea to have them contact her by mail. At least she would have the satisfaction of stopping a few of them that way, as well as a paper trail.
  • Apr 6, 2009, 08:58 AM
    ScottGem

    Get an answering machine and screen all calls. I don't answer my phone unless it's a number or Caller ID that I recognize.

    But I see no law breaking here.
  • Apr 7, 2009, 10:45 AM
    twinkiedooter

    Give the new address for this woman to those looking for her. Let them hunt her down.

    No crime or lawsuit here either unfortunately.

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