What NOT to say to a collector?

[toomuch]

All of my calls from collections start off with them telling me the call is being recorded and something about whatever I say can be used to collect a debt.
Just wondering what are some things we should never say or reveal, no matter what.
Also, is there anything that I can say to get off the phone quickly without hanging up? They have a comeback for everything and I don't have the money to pay them and won't. Should I tell them I am going to file BK in the future?
BTW, I can't file for BK for at least 3 more months as I have 2 years of IRS refunds due, which I will use to buy a car as I don't have one now.

Thanks,

Too Much

[HHM]

You are under NO obligation to talk to them. They rely on the fact that most people consider it rude to hang-up on someone...GET OVER IT and hang up the phone.

What not to do: Don't lie
What to do: Don't reveal anything.

What you can, and should tell them...your name, generally speaking, you can and should tell them your name, this will usually stop the calls to other parties (i.e. employers and relatives), and if telling them your name does not stop those calls you have yourself a nice little FCDPA lawsuit against the collection agency.

[CPO]

If you are sure about filing BK, there is nothing you should say to a collector, period.

I have yet to hear of anybody that has negotiated with a collector and has won out in the long run.

Once you retain your attorney, give them your attorney's contact info, talking over them, if you must. This is the conventional wisdom but I have never heard of it doing any good. They may quit calling initially, but will soon resume.

Then hang up. And that's only if you feel you must speak with them.

Program your answering machine to include your full name, so they assume they have the correct number. This MAY reduce calls to your family and work.

Turn off your phone ringer. You can always call back those you wish to speak with.

If they call your work, tell them you cannot accept calls at work. Hang up.

If they call again at work, be sneaky enough to find out a good address, or at least enough info that you can Google and find out who it is, then hang up.

Send certified, return receipt letter informing them not to call again.

If they call again, sue. Separate lawsuit for each call/infraction of the FDCPA.

As they send you collection letters, immediately follow up with a "cease and desist" letter.

If they send another (and many will), sue. Sue for each infraction.

If they call again after they sign for a "cease and desist" letter, sue. Sue for each call.

If they don't send a collection letter, sue. They have 5 days to do so after initial contact.

Collectors are stupid idiots that habitually violate the law.

What you want to do is catch them at it with substancial evidence your attorney can use in court to take their money, as often as possible. Each violation is $1000.00 mininum.

Get organized. Determine the phone call recording laws in your state. If you can record, stay within your law and record. (I am in Texas so I can record with abandon).

Just a couple of out-of-court settlements can pay for your attorney and then some.

They will settle out of court, as judges really like to talk to harrassing collectors, especially if they are in violation of a judges temporary or permanent stay/injunction.

Don't retreat, get mad and get even. They WILL violate the law and attempt to drive you nuts. Your job is to TAKE THEIR MONEY!

Sue them into BK.

GET SOME!!!

Regards,

CPO

[BKTango]

Never EVER tell them anything regarding your finances. And example to that would be, "I only make $$$ a month so I can't afford anything right now." Never tell them how much you make or what your bills are. They will use this info should they sue you, Knowing you have income, will make it easier for them to receive a judgement and garnishment in court.

It is really better after the first initial confirmation that you are who they are trying to reach there is no point in talking to them EXCEPT to get THEIR contact information. Make sure you write down the person's name that called, their number, the company name, and what debt they are trying to collect. You may end up needing this information.

Also by simply saying at the beginning of the conversation before you start asking them their name and such to say "Let me turn on my recorder as I am recording this call also." Do this and they won't want to stay on the phone long. After you get the above information then end the call immediately by hanging up or simply say "I will see what I can do." then hang up.

There is no need to ever fight or even carry on the conversation with them beyond that. However should you get one of those lovely, hostile collectors that violate every word written in the FDCPA, file a complaint with the FTC. http://www.ftc.gov/bcp/conline/pubs/credit/fdc.shtm

Remember you are NOT required by law to speak with these people at all.

[CPO]

After reading my post, I realized that this may be a bit much to handle all at once.

If you are being harassed, then by all means look into a NACA attorney.

You can find one here: http://www.naca.net/

Or, these folks can also help: http://www.legalhelpers.com/

Call the 1-800 number and they will refer you to their FDCPA attorney in Chicago.

They will be the ones to sue for you unless your just feeling froggy....

The point is you don't need to be harassed by these folks on the phone. As BKT says, you are under no obligation to talk to anyone.

You have options.

I like the conflict. I like to trick them into saying things they should not. I like to act as sheeple and embolden them into threats. I WANT them to harass me, at least for the duration of my recordings. I can be a prick too, I'm just on the other side and apparently (!) smarter then they are. Uncle Sam provided me with an education in deception. I like using it on people I despise.

You may not be "wired" for such shenanigans. Good, your better than me.

Just don't be harassed by these asshats.

Best regards,

CPO

[HenriettaHen]

CPO, if you ever need to go undercover as peasant rabble, I've got the pitchforks and scythes.

In the meantime, I move that this thread be made fast by a sticky.

[CPO]

CPO, if you ever need to go undercover as peasant rabble, I've got the pitchforks and scythes.

In the meantime, I move that this thread be made fast by a sticky.

Hey, I'll grow a hump, walk with a limp supported by a cane and mumble in low tones....

As long as I get to easedrop on the ruling class, who'd notice?

Just my way of stickin' it to 'em...



CPO

[HenriettaHen]

Wouldn't it be fun to run up the Jolly Roger on one of their obscenely large and ostentatious flagpoles?

[violetcat65]

arg, make them walk the plank

[whatamess]

CPO, you rock..LOL!!!!!
I thought about doing that too, acting all sheepish, dumb and innocent. Getting them to act cruel, nasty and say something REAL dumb so I can record the call and nail 'em.
I am still in 'in house' collections so they arent real nasty..yet.
My standard answer, "Im sorry, I cant"
"NO, Im sorry I cant.."
"sorry, bye..."
Ive only talked to them to avoid them calling my family and dumb nosey, hand wringing, ear drilling nieghbors.
WAM

[CPO]

CPO, you rock..LOL!!!!!
I thought about doing that too, acting all sheepish, dumb and innocent. Getting them to act cruel, nasty and say something REAL dumb so I can record the call and nail 'em.
I am still in 'in house' collections so they arent real nasty..yet.
My standard answer, "Im sorry, I cant"
"NO, Im sorry I cant.."
"sorry, bye..."
Ive only talked to them to avoid them calling my family and dumb nosey, hand wringing, ear drilling nieghbors.
WAM

That's a great plan.

Who needs the stress of dealing with each situation when EVERYBODY knows what's going on. Great idea to bait them into calling just you.

I'm into my sixth month now and I have some 20 creditors....all have gone to third party collections at this point except the house and the car which I will reaffirm.

I'm noticing that I get far more recorded calls now than in the last few weeks.

It's easy to just erase them from my machine.

But, that means "no joy" on the bait....

I file early next month, so I'm starting to gear up for the stay violations...

I'm confident there will be many.

My FDCPA legalhelpers attorney thinks I'm just the coolest.....

I'll think he's cool WHEN I get my first check. We are holding right now so I won't have to pay the Trustee my court awards!

Stay tuned...

CPO

[leftyf]

Opportunity

There have been many tapes (showing my age), I mean CD's, MP3's, etc. sold over the years that have been recorded phone calls with harrasing telemarketers, or just plain crank calls. Maybe we could put one together with all of our recorded collector calls and try to sell it (Post-7, of course._\)
Possible title for CD:
"Collect this!"
"Check in the Mail"
"No money, no pay"
"Money for Nothin', but still no chicks"
"I shot my credit score, but I did not shoot the trustee."

Ok, enough, I'm only amusing myself at this point. Good luck to everyone.
Let me know if we should start looking for a producer.

Lefty

[desperation]

CPO - you are an inspiration.

I would love to see a sticky for your post on suing creditors. Seems to me though you should start a website as well. I sure would visit it.

[magyar123]

Recently got a call from a collector. After the initial recording thar this call is being recorded, a live person came on. He hung up as soon as I told him that since they're recording the call I would also be recording it.