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Gemb

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    Gemb

    Started getting calls yesterday regarding a GEMB/Walmart account that is included in my ch. 13. The guy yesterday was rather rude, and just talked over me when I tried to relay my case #/attorney info. Tried to tell me I should settle - even though I advised him I had filed. Today's caller was more professional, took the info down. Or so she said...

    Looking at my credit report it appears Walmart transferred/sold the account to Equable Ascent Financial last summer. I am 99% certain that everyone reporting on my credit (plus a few who weren't) made it into petition. Will check my copy at home tonight and confirm that Equable is indeed on it.

    Have already notified my attorney. I know I am covered, they can't 'hurt' me. Just annoying to start getting collection calls again months after they stopped.
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

    #2
    Yes, it's especially annoying when they won't listen. I had a similar call as you did with a very rude person named Debbie. I only got her off the phone by saying "YOU need to listen to ME. If you don't understand how the Automatic Stay works in a BANKRUPTCY, YOU need to put someone else on the phone that does!" She transferred me to a "supervisor" who was equally ignorant, not pleasant, but at least, not as rude.

    I wrote a scathing letter to their General Counsel stating that they needed people who understood bankruptcy and that the unprofessional nature of that (recorded) call was in violation of not only the FDCPA but the Automatic Stay. I received, in less than 7 days, a letter from a senior VP, apologizing up and down about how that will never happen again. Of course, my letter indicated that I was going to the Bankruptcy Court to ask for an Order to Show Cause and for Sanctions.

    Some of those collection agents just don't have any people skills.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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      #3
      I wanted to say alot to the guy yesterday - but I was at work and really didn't want to get into it with a CA within earshot of coworkers. Ultimately I ended that call as two people talking at the same time can't accomplish anything.
      Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
      (In the 'planning' stage, to file ch. 13 if/when we have to.)

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        #4
        Make a record.. time, date, name of person and company. Its against the law after you have a case number. You may benifit from this with a trully aggresive legal representative on your side.

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          #5
          Update: checked my paperwork at home last night. Walmart/GEMB sold the account last summer to Hilco Receivables. Hilco WAS listed in my petition so received notice of the BK filing. Went online to do a little research - Hilco changed names recently to Equable Acent. Equable is the one currently on my credit report for this account.
          Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
          (In the 'planning' stage, to file ch. 13 if/when we have to.)

          Comment

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