recording collection calls

[Mi Bankruptcy]

We are getting ready to file soon( this week). We have been paying all of our bills up to last month. Some of the calls started coming in and we don't answer any of them.

I intended to wait until I paid my retainer and then answer the phone telling the CC that the our conversation was being recorded and ask who am I speaking with.

I then intended to tell them I was claiming BK and provide them with my Attorneys information and end the call. However, apparently my state requires confirmation or agreement from both parties to record.

http://www.rcfp.org/taping/

Anyone ever do this. I figured if I did this. It would prevent or reduce multiple calls and harassment. Plus, I would have evidence I informed them of my situation.

[jessegirl]

My attorney told me to do this after I have informed them of the BK. He said when they call and ask for so and so, you say hold on, then tell them that you are taping the call. First ask for there name and the company and then give them the attorney info. If they call back again, he said that we can sue them.

[Mi Bankruptcy]

Thanks Jesse,
I know the CC companies have to tell you who is calling.. that is why I wanted them recorded when I provide my atty information. I don't want the hassle of some Customer Service Rep or collection rep.. doing a half a$$ job and not taking my attorney information. My goal was to surprise the creditors all at once..
Of course, I have had the stress, the remorse and the guilt.. Now that I made the decision it's time to take care of business.

[jessegirl]

You are right! I am going to record the conversations now. My 2nd mortgage peole keep calling me and when I ask them if they have the information, they say yes. And I ssay well then call the attorney they say fine and then 2 hours later the same thing. So now I will record and then my attorney said we can sue them for 1000.00.

[Mi Bankruptcy]

You are right! I am going to record the conversations now. My 2nd mortgage peole keep calling me and when I ask them if they have the information, they say yes. And I ssay well then call the attorney they say fine and then 2 hours later the same thing. So now I will record and then my attorney said we can sue them for 1000.00.

I have thought a little more about this. Since my state requires both parties to consent to the phone conversation or recording thereof. I think when I look at my caller ID I am going to answer the phone " this call is being recorded, if you do not consent to being recorded please hang up now" Then I'll proceed to asking where they are calling from. Let'ss see if the CC companies will hang up on me.

I had planned to go radio shack to find or buy a tap or recorder like I used when I was a teenager. Here's a good website on how to record calls. I was a little concerend on how to record because we got rid of all of our regular phones for cell phones.

http://www.phonelosers.org/article/recording_telephone_calls/

[magyar123]

Once their recording comes on with the usual junk "this call may/will be recorded for quality purposes" you should have every right to record too.

[soleprop]

i think if you're going to record the call you should say "today is <month,day,year> and this call is being recorded. if you do not consent to being recorded you may hang up now."

that way you have further evidence for your case

[Pinkie86]

Man I wish I would have thought of that when I was dealing with the buttholes at AmEx.

[Mi Bankruptcy]

i think if you're going to record the call you should say "today is <month,day,year> and this call is being recorded. if you do not consent to being recorded you may hang up now."

that way you have further evidence for your case

Sole.. Your right on. I thought about that. I retain my attorney Thursday and I am putting a script together for me and my wife to read when dealing with creditors. Fortunately, I have not been hounded as of yet.. though the calls are starting to tricle in. I will be sure to update this thread with my experience and the script I put together.

[fltoo]

i think if you're going to record the call you should say "today is <month,day,year> and this call is being recorded. if you do not consent to being recorded you may hang up now."

that way you have further evidence for your case

Case for what? You are way over thinking this. Just give them the attorney info. Calls will stop very soon.

They have the right to call until the day you file.

[Mi Bankruptcy]

fltoo.. I have been through the collection calls issue before and dug myself out. They can be mean and aggressive. The whole thought process was to make(encourage or incentivize) the CC calling to take my attorney information and do something with it and quit calling( see the post above about the mortgage calling). Of course, I haven't taken any calls from the few creditors calling me. However, when I do start answering the phone.. I have a plan put together to deal with them. This is actually more for my wife than anything else. It also helps to create a script so I don't deviate and get distracted by their collect efforts.

Also, if they continue calling you.. You have a case to sue them according to federal laws and your recording to back it up. Eitherway, I would rather overthink it than underthink or not act on my concerns.

Case for what? You are way over thinking this. Just give them the attorney info. Calls will stop very soon.

They have the right to call until the day you file.

[Mi Bankruptcy]

Here's my script I came with. I am about to start answering calls soon. I will let everyone know how they react or if I need to modify it.

** Do not deviate from this script**

Hello,

May I ask who is calling (if they don’t tell you who is calling ask the question again) This phone call is being recorded if you do not wish to be recorded please hang up now.

This is Mr. or Mrs. I am currently filing for Bankruptcy if you believe I owe you a debt you will have to contact my attorney for further information.

Would you like my attorneys name and contact information?


If they harass you your reply is:

My attorney can answer your question would you like his/her name and contact information?

Since you do not wish to contact my attorney regarding your question I must terminate this call. Have a Nice Day (Hang Up)

[Mi Bankruptcy]

I used the script above today for the first time. I have avoided the calls for about two months. The question they seem to be curious about is:

"Have you filed yet or are you in the process of filing"? They asked me 3 times.

I wont answer the question because I expect it to be another 3 weeks until I can actually pay to 299.00 court filing fee.

I just stated. "If you would like further information about my case please contact my attorney" I then hung on them."

[soleprop]

good job!!

[Mi Bankruptcy]

Thanks Sole,

I think the funny part was when I told the Rep that the call was being recorded and asked if they wanted to hang up they said Of course not.

Update:
I just talked to another creditor. Same as above. They want to know if I am filing or where I am at in the process of filing. He then tried to get slick and ask what Chapter I was in.

My response again: My attorney can answer your question regarding my case.

It was kind of funny.. they were pushing so hard to find out where I was in the filing process that I had to tell the guy he had one last chance to take my attorneys information and then I was hanging up.

The funny thing the guy could barely speak english and had an american name. I almost fell out of my chair laughing when I asked him to spell his name.