Bankruptcy Forum

Capital One Auto Finance calls...

sguerra923
11-05-2009, 12:32 PM
Hey guys/gals,

I've been discharged for almost a year now (Chapter 7) and I'm getting calls once a week from cap one auto finance (they've been included in my BK). I want to pick up but they seem to call ever thursday in the afternoon but I'm always working at that time and can't answer. I get a automated person leaving a vmail stating to give them a call back.

My question is should I pick up the phone and see what they want? Are they going to get into trouble since they're calling me? Also, how should I handle this situation? Do I notify my lawyer or do I just talk to cap one and tell him to stop call me because I've been discharged for a year already?

Thanks in advance..

DebtEnder
11-05-2009, 12:45 PM
Did you surrender a car/ride thru with them or some such? Is there any possible valid reason they would have to call you?

If you had a car and gave it back to them there is little reason for them to contact you. I would call them back ask them what they want and then restate your BK discharge date and case number unless it's for something valid.

sguerra923
11-05-2009, 03:40 PM
Did you surrender a car/ride thru with them or some such? Is there any possible valid reason they would have to call you?

If you had a car and gave it back to them there is little reason for them to contact you. I would call them back ask them what they want and then restate your BK discharge date and case number unless it's for something valid.

Well the car was stolen and I filed a police report before I filed BK and my lawyer said he will send a copy of the police report to the lender.. They hired a repo person who came to my house in feb. and I told them that the car was stolen and that I filed BK anyways. So are they violating any laws? Should I talk to them or notify my lawyer that they're contacting me?

Thanks in advance..

DebtEnder
11-05-2009, 03:55 PM
Well if the car was stolen and you have a police file there is nothing for them to repo so there is no point in them contacting you.

I'd call them up one last time tell them they got a copy of the stolen car report/BK discharge and not to call again about it unless they would like to be sanctioned.

Since you have a lawyer I would have him do it. I would think most attorneys like getting free money from dumb creditors.