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    GUESS what coll/agency told me

    I have disputed a sepecific debt with the CRAs. the OC and the collection agency twice and it has not been taken care of. I have disputed this debt as IIB and it has came back verified. The collection agency sent me a NASTY letter (guess they got my updtd info) trying to collect the debt. I called and left a message on the vm for the ext of a rep on the letter.

    I never received a call and about a week later (today) I called. I spoke to the rep and she was really nice til I told her the account is covered under BK. She wouldn't even let me talk. She would interrupt me when I would try to tell her when I filed. She wants me to send the copy of BK and I am not stupid I told her I will not send it. I have a fax that my attorney gave me to give to OC and collection agency and the rep told me she would not accept me.

    She proceeded to tell me that I when I called her I left no # to call me back...I guess she memorizes everyone who leaves a message. I know I left the #. She tells me that "I am lucky this account is covered under BK or she would have a fun time calling me everyday trying to collect the account and that is what she will do until she receives any documentation to prove otherwise."

    CAn you believe this?
    BK DISCHARGED~02/2006
    Aspire cc $400...CNAC (auto) $15,000
    FICO score 8/06 Trans (549) Exp (538) Equi (559)
    FICO score 9/7/06 Trans (583) Exp (564) Equi (621)

    #2
    I believe it, I've had some treat me even worse.

    Send the collection agency and cease and desist letter and remind them that they are violating the PERMANENT injunction you received with your discharge. Include a copy of the discharge, not the original BK filing.

    If she continues to call, hire an attorney and sue, you could get a nice little settlement.

    My best advice to you at this point is DO NOT TALK TO THESE PEOPLE ON THE PHONE! They will only continue to insult and harass you. She's PO'd because her agency bought a worthless debt and her numbers are going to look really bad this month.

    Send the letter and stop taking her calls. You have no responsibility to this debt. If they sue, they will be wasting their own money and will be SPANKED HARD by the courts.
    Last edited by JusticeForAll; 09-13-2006, 07:45 AM.

    Comment


      #3
      I recently had a similar situation. I received a collection notice for an account that was IIB. I called the collection agency to let them know and once I told them about the BK7, they became very rude. I asked to speak to a supervisor and was treated even worse. They would not even listen to me when I tried to give them my lawyers contact info. I then contacted my lawyer and he is considering legal action against them. I will keep you all posted. Working for a collection agency must be the worst job in the world. Yuck!

      BK7 Filed: 05/11/06, Discharged: 08/31/06, Closed: 09/14/06
      03/07/07 TrueCredit: EQ 603, TU 591, EX 596
      Credit: $1000 Hooters MC, $200 Target Red, $750 Victoria's Secret (Authorized User), $500 AirTran Visa
      Denied: Wal-Mart, CareCredit, WaMu

      Comment


        #4
        Originally posted by JusticeForAll View Post
        I believe it, I've had some treat me even worse.

        If she continues to call, hire an attorney and sue, you could get a nice little settlement.
        good luck. what would the damages be? from what amyl wrote, there are none.

        My best advice to you at this point is DO NOT TALK TO THESE PEOPLE ON THE PHONE! They will only continue to insult and harass you. She's PO'd because her agency bought a worthless debt and her numbers are going to look really bad this month.
        how do you know it's bought paper? they might be a hired 3rd party, collecting on behalf of the oc.

        Send the letter and stop taking her calls. You have no responsibility to this debt. If they sue, they will be wasting their own money and will be SPANKED HARD by the courts.
        how will they be 'spanked hard?' if amyl didn't dispute the debt withint 30 days of receiving the coll notice, they have every right to continue collection efforts. it's amyl's responsibility to either send the discharge papers, or have her atty contact them. i'm guessing this ca wasn't on the list of creditors and the oc never updated them. if the ca was included, then they shouldn't be contacting anyone at all.
        Last edited by Sickthing; 09-14-2006, 08:12 AM.
        10 pc wings...........$6.99
        hunt club shirt........$15.95
        the smile on my face when i use my hooters mastercard.......priceless
        PCS, Repo Man

        Comment


          #5
          Originally posted by amyl View Post
          I have disputed a sepecific debt with the CRAs. the OC and the collection agency twice and it has not been taken care of. I have disputed this debt as IIB and it has came back verified. The collection agency sent me a NASTY letter (guess they got my updtd info) trying to collect the debt. I called and left a message on the vm for the ext of a rep on the letter.

          I never received a call and about a week later (today) I called. I spoke to the rep and she was really nice til I told her the account is covered under BK. She wouldn't even let me talk. She would interrupt me when I would try to tell her when I filed. She wants me to send the copy of BK and I am not stupid I told her I will not send it. I have a fax that my attorney gave me to give to OC and collection agency and the rep told me she would not accept me.

          She proceeded to tell me that I when I called her I left no # to call me back...I guess she memorizes everyone who leaves a message. I know I left the #. She tells me that "I am lucky this account is covered under BK or she would have a fun time calling me everyday trying to collect the account and that is what she will do until she receives any documentation to prove otherwise."

          CAn you believe this?
          i kinda doubt the letter was nasty. send them a certified letter stating the account was included in your bky, send a copy of the discharge papers, and send them a written cease and desist. you didn't state if they were included in the list of creditors, or if it went to coll after you filed. if it went to the ca AFTER filing, then they can't report on your credit. if it went BEFORE, they can report.
          10 pc wings...........$6.99
          hunt club shirt........$15.95
          the smile on my face when i use my hooters mastercard.......priceless
          PCS, Repo Man

          Comment


            #6
            ROFL!!!!!!!!!!!!!!!!!!!!

            You questioned my response, and then gave him the EXACT same advice!




            Originally posted by Sickthing View Post
            i kinda doubt the letter was nasty. send them a certified letter stating the account was included in your bky, send a copy of the discharge papers, and send them a written cease and desist. you didn't state if they were included in the list of creditors, or if it went to coll after you filed. if it went to the ca AFTER filing, then they can't report on your credit. if it went BEFORE, they can report.

            Comment


              #7
              Sickthing, you should read up!

              $1,000 per violation! Read some case law and know what you're talking about before you just type.

              Read about Discover's case where they had to pay $90,000 in damages for trying to collect a debt after they were notified of a BK filing!

              After you do some research, I'd love to debate this issue with you, but right now I just feel you aren't educated enough to debate fairly.

              Comment


                #8
                Originally posted by JusticeForAll View Post
                Sickthing, you should read up!

                $1,000 per violation! Read some case law and know what you're talking about before you just type.

                Read about Discover's case where they had to pay $90,000 in damages for trying to collect a debt after they were notified of a BK filing!

                After you do some research, I'd love to debate this issue with you, but right now I just feel you aren't educated enough to debate fairly.
                oh really? and do you know what the courts look for in coll violation cases, to determine damages? you should look *that* up. going by what amyl just wrote, she has no case. not that it's any of your business, but i am aca certified. i think i know enough about the subject. and it's not simply $1000 per violation. maybe you should do some more research and then come back?
                10 pc wings...........$6.99
                hunt club shirt........$15.95
                the smile on my face when i use my hooters mastercard.......priceless
                PCS, Repo Man

                Comment


                  #9
                  Originally posted by JusticeForAll View Post
                  ROFL!!!!!!!!!!!!!!!!!!!!

                  You questioned my response, and then gave him the EXACT same advice!

                  i gave relatively the same advise (not EXACT), but without all of the ASSumptions.
                  10 pc wings...........$6.99
                  hunt club shirt........$15.95
                  the smile on my face when i use my hooters mastercard.......priceless
                  PCS, Repo Man

                  Comment


                    #10
                    OK, Folks,...............


                    Everyone is giving good information. And the exchange of ideas is good, but,.......

                    TONE DOWN the 'TUDES a bit, OK??!!

                    Let's all play nice in the sandbox.

                    We can say the same things without escalating the conversation to a shouting match or an arguement.
                    Filed Ch 7 - 09/06
                    Discharged - 12/2006
                    Officially Declared No Asset - 03/2007
                    Closed - 04/2007

                    I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                    Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                    Comment


                      #11
                      OUCH!


                      Originally posted by Sickthing View Post
                      i gave relatively the same advise (not EXACT), but without all of the ASSumptions.

                      Comment


                        #12
                        Originally posted by JusticeForAll View Post
                        OUCH!
                        meant it tongue-in-cheek. no offense meant.

                        i just think you were maybe jumping the gun a little. amyl didn't give a lot of details which would be important if she wanted to file suit.
                        10 pc wings...........$6.99
                        hunt club shirt........$15.95
                        the smile on my face when i use my hooters mastercard.......priceless
                        PCS, Repo Man

                        Comment


                          #13
                          No offense taken! I did jump the gun in my response to you.
                          Nerves are frazzled right now.

                          Let us just take SinkingFast's advice and play nicey nice together, k?

                          Originally posted by Sickthing View Post
                          meant it tongue-in-cheek. no offense meant.

                          i just think you were maybe jumping the gun a little. amyl didn't give a lot of details which would be important if she wanted to file suit.

                          Comment


                            #14
                            Originally posted by JusticeForAll View Post
                            Nerves are frazzled right now.

                            There's lots of that on this Forum from time to time, JFA.

                            That's what this Forum is here for.

                            To Vent. Gain knowledge and support. Exchange ideas.

                            To know we are not alone in this journey.

                            Draw strength from others.
                            Filed Ch 7 - 09/06
                            Discharged - 12/2006
                            Officially Declared No Asset - 03/2007
                            Closed - 04/2007

                            I am not an attorney. My comments are based on personal experience and research. Always consult an attorney in your area to address concerns related to your particular situation.

                            Another good thing about being poor is that when you are seventy your children will not have declared you legally insane in order to gain control of your estate. - Woody Allen...

                            Comment


                              #15
                              Very well said! Thank you!


                              Originally posted by SinkingFast View Post
                              There's lots of that on this Forum from time to time, JFA.

                              That's what this Forum is here for.

                              To Vent. Gain knowledge and support. Exchange ideas.

                              To know we are not alone in this journey.

                              Draw strength from others.

                              Comment

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