Bankruptcy Forum

The Phone Calls Have Started At Last

hybenamon
10-18-2004, 04:13 PM
Folks,

Well I guess I have been expecting them. They have started. The first one came in while I was sitting at my computer desk. It was a call from City Bank and they wanted to set up a repayment plan immediately. I told them first that we had retained a lawyer (that is what his secretary told us to say until the papers are filed) and then I told her she had made the one phone call and not to call again unless it meant a collection action -- ie I thought that was the federal law. She stated that my state does not outlaw more than one call and it could only be stopped if we sent them a letter telling them to stop it and gave me the address.

Ok, folks. I am in my `50s and never had this experience. What do you do. I have heard everything from lie to them to just pick up the phone and say "One Moment" and lay it down quietly and go back to watching TV or the computer.

I have also been told that they can not contact a 3rd party once you have told them you have retained a lawyer. Is that true? Did I do the right thing in just saying "We have retained a lawyer."? Or should have told them why we have retained a lawyer -- ie they wanted the answer to that and I refused to answer just repeating what I stated.

HyBenAmon :(

rrockinggramma
10-19-2004, 05:38 AM
after a while, you are numb to the phone calls. Once you file, they will stop and that is a nice feeling. But just keep doing what you are doing. Many just don't answer out of area calls or unknown callers etc. We did that alot!

HRx
10-19-2004, 06:40 AM
Folks,

Well I guess I have been expecting them. They have started. The first one came in while I was sitting at my computer desk. It was a call from City Bank and they wanted to set up a repayment plan immediately. I told them first that we had retained a lawyer (that is what his secretary told us to say until the papers are filed) and then I told her she had made the one phone call and not to call again unless it meant a collection action -- ie I thought that was the federal law. She stated that my state does not outlaw more than one call and it could only be stopped if we sent them a letter telling them to stop it and gave me the address.

Ok, folks. I am in my `50s and never had this experience. What do you do. I have heard everything from lie to them to just pick up the phone and say "One Moment" and lay it down quietly and go back to watching TV or the computer.

I have also been told that they can not contact a 3rd party once you have told them you have retained a lawyer. Is that true? Did I do the right thing in just saying "We have retained a lawyer."? Or should have told them why we have retained a lawyer -- ie they wanted the answer to that and I refused to answer just repeating what I stated.

HyBenAmon :(

The next time you recieve a call from the collection agency/creditors. First obtain the name and number of the particular agency - you should keep a log of every call you recieve for first few weeks. Tell them you have retained an attorney (give them the name/number to your attorney) and tell them they need to contact your attorney's office directly for collection action.

Making a log of all the calls you recieve for the first couple of weeks, will enable you to stop and or reduce the amount of calls you recieve too. It's is the creditors/collection agency's responsibility to verify whether or not you have retained an attorney, contacting he/she for verification.

Good Luck :)

NOMO$$
10-19-2004, 08:58 PM
I personally mailed a form letter from a website which basically stated that I no longer wanted to be contacted about the debt by phone. It also stated that they could only contact me by US mail in order to inform me of any change in status of the account. It virtually eliminated all of the phone calls in about 2 weeks. I still have a few calls every once in a while....but nothing like the 4 or 5 phone calls I was receiving in the am, afternoon and pm.

Here is a link to the site:

http://www.alaskalawyer.com/Sample_letter1.htm

There are several different forms of this letter, and you can revise it as necessary.

Good Luck

clig_fred
01-09-2005, 05:41 PM
I called a bank and told them I have changed my address and I gavce them my new telephone number and since then they started giving me headaches with their phone calls. I shouldn't have changed my address and given them my new tel number. Did I make a Mistake?

One of them want to set up a payment arrangement and asked for $300/month and today they must receive the 1st payment to log it in other wise their system would bill me the full amount.

What should I do in making such a quick decion over the phone?

Thanks

HRx
01-10-2005, 06:23 AM
I called a bank and told them I have changed my address and I gavce them my new telephone number and since then they started giving me headaches with their phone calls. I shouldn't have changed my address and given them my new tel number. Did I make a Mistake?

One of them want to set up a payment arrangement and asked for $300/month and today they must receive the 1st payment to log it in other wise their system would bill me the full amount.

What should I do in making such a quick decion over the phone?

Thanks

IF you don't have the money to pay your creditors, then tell every collection rep that calls you. Regarding the $300 payment, if you intend on filing Chp7 tell the collections people this, and don't pay them the money.

Good Luck! :)

robivi3
01-10-2005, 01:26 PM
Out of Area, out of mind