Just got a call from American Express, is this allowed?

[HAP]

We filed for Chapter 7 on January 31. We received our notice from the court and assumed all our creditors did too. Most creditors were told by me when they called (the last around Feb. 1st) who our attorney was and our bankruptcy case no.

Five minutes ago I get a call from American Express (they are not one I had previously spoken to over the phone). The lady said she was calling from card services about our past due payment. I informed her we filed bk and they should have gotten notice (she said not necessarily) so I gave her the benefit of the doubt and gaver her our attorney's name and number, which Chapter we were filing and the bk case no. She then asked me if I at least wanted to take care of the past due payment of $95. I said "we have filed for bankruptcy, no I don't want to make a past due payment!" So she said okay thank you and quickly hung up.

Can they ask you that or did she just have a lot of nerve?

[MomIcantFindmy]

We filed for Chapter 7 on January 31.

She then asked me if I at least wanted to take care of the past due payment of $95. I said "we have filed for bankruptcy, no I don't want to make a past due payment!" So she said okay thank you and quickly hung up.

Can they ask you that or did she just have a lot of nerve?

ohhh........boy that would make me call my lawyer. I think she made a mistake. Please tell me , by chance, you recorded the conversation.

[HAP]

No, I was just sitting at our computer when she called (we don't have caller ID so I had no idea who it was and wasn't expecting it to be a credit card company figuring they've all been notified at this point).

I wouldn't have had a way to record it anyway. I'll run it by my attorney next time I speak with him. Maybe she thought she'd just throw that out there and get lucky (even though I just got through telling her we filed 1/31 and this is my attorney's name and phone no. I felt like saying "now how dumb do you really think I am?"

[lrprn]

HAP, without a recording you have no proof she asked you for payment and violated the automatic stay. It's unfortunate but just chalk it up to an uninformed collector and move on with more important things in your life.

A related personal story - a year after we filed Ch 13, one of our medical creditors called us. She was very snippy and demanded payment. Said she saw we filed Ch 13 on our records but she thought it was taking way too long to hear anything so she figured we faked filing and needed to pay up in full!

I calmly asked to speak to her supervisor who proceeded to apologize all over herself that we were bothered. She was very worried we would contact our lawyer and assured me she would immediately speak to their employee and correct her so she would never contact us again. She also made the employee call me to apologize for the intrusion.

The way I see it, people make mistakes. In our case, this woman wasn't harrassing us - she just didn't understand Ch 13. If the calls had continued, then I would have contacted our lawyer. But we haven't heard a peep since. Problem solved.

[HAP]

It really didn't bother me that much but you would think people who work in the collections department would at least know that simple rule with as many people that are out there that are probably fiiling bk at this point in time.

If I share it with my attorney it will only be to give him a chuckle, not trying to get anything out of it (not worth my time that's for sure).

Thanks for the input

[NASCAR20FAN]

I had the same thing with a different creditor it was for $35. Even after my discharge they were sending me letters and calling me. Since the debt was discharged, and it was only $35 I didn't psy too much mind. Finnaly I called them and explained that this was discharged through my BK and there is an issue with them contacting me. She said they the information on file for my BK, so I told them to stop calling or I would have my lawyer cantact them. And guess what... it stopped.

Now here is my theory, smaller debts may be more likely to see this. Because they prob figure that you may be willing to pay it. I'm not saying it's right, but I think that's what maybe going on.

[HAP]

With the possible fines/sanctions they could get for violating the bk laws you would think that something like $35 wouldn't be worth taking that chance to them. Crazy!

[NASCAR20FAN]

With the possible fines/sanctions they could get for violating the bk laws you would think that something like $35 wouldn't be worth taking that chance to them. Crazy!

True, but you have to remember that alot of people are not educated on thier rights once they have filed. These companies are banking on that. In fact, you don't even need to talk to ir warn them. Just say "Can I get you name, and an I get a number where I can call you back?" And call you lawyer and pass it to them. Make sure though that you follow-up with your lawyer to make sure they make the call and advised them of your status.

[Thought Doctor]

The minute you told her that, she should have apologized profusely and offered to pay off all your debts! That is a flagrant violation, and AmEx could be held accountable. Recording is good, but guess what...AmEx generally records all such contacts...so there is a record that they cannot erase. That would be destroying evidence.

[magyar123]

Please remember - when a creditor gets notified of a filing that notification might go to one place/office - while the CSR or whoever is calling you might be in a completely different place/office. They might be in the same building, possibly even on the same floor, but completely different departments.

[NASCAR20FAN]

Please remember - when a creditor gets notified of a filing that notification might go to one place/office - while the CSR or whoever is calling you might be in a completely different place/office. They might be in the same building, possibly even on the same floor, but completely different departments.

I don't think that is a legit excuse. Think about it, all of these files are computerized and all that information shlould be entered. If it is not, that is one thing, but if all the information is updated the call never should have been made. Either way AMEX should be held to the fire for this.

[LifeNLemons]

Please remember - when a creditor gets notified of a filing that notification might go to one place/office - while the CSR or whoever is calling you might be in a completely different place/office. They might be in the same building, possibly even on the same floor, but completely different departments.

Going by this theory then, I shouldn't be turning in a company for a flagrant violation of the automatic stay since they sent a collection letter to the NEW address that was listed on my BK papers but no where else up until the date of filing. How do you suppose they got the new address? If they pulled my credit report, wouldn't they have seen the BK filing? Hmmmm......

Or the credit card company that sent me a letter asking me about my missed payments almost a month after I spoke to a rep on the phone who took all my BK information. Then when I called, I gave the info again and she asked me when they could expect payment.

And again, what about the credit card offer I received that would be approved but only if I agreed to put an old charge card balance on the new credit line? They didn't have my new address until after i filed BK either.

These companies are trying to dupe consumers and hoping that we don't know the rules to the game. And one day it will bite them in the butt.

[NASCAR20FAN]

Going by this theory then, I shouldn't be turning in a company for a flagrant violation of the automatic stay since they sent a collection letter to the NEW address that was listed on my BK papers but no where else up until the date of filing. How do you suppose they got the new address? If they pulled my credit report, wouldn't they have seen the BK filing? Hmmmm......

Or the credit card company that sent me a letter asking me about my missed payments almost a month after I spoke to a rep on the phone who took all my BK information. Then when I called, I gave the info again and she asked me when they could expect payment.

And again, what about the credit card offer I received that would be approved but only if I agreed to put an old charge card balance on the new credit line? They didn't have my new address until after i filed BK either.

These companies are trying to dupe consumers and hoping that we don't know the rules to the game. And one day it will bite them in the butt.

Nice!!! 100% correct

[Cali]

Please remember - when a creditor gets notified of a filing that notification might go to one place/office - while the CSR or whoever is calling you might be in a completely different place/office. They might be in the same building, possibly even on the same floor, but completely different departments.

The accounts should be noted with reference to BK.

[NASCAR20FAN]

The accounts should be noted with reference to BK.

Honestly, I think that at least 95% of the time it is no doubt. The problem is, that like I said these people want thier money no matter what! If they can trick you into paying it, they will!