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What NOT to say to in house collections....

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    What NOT to say to in house collections....

    I hear people say they don't want to say the wrong thing when the OC calls. In my case I have stopped charging and then stopped paying. I am now getting calls like crazy. I have retained an attorney and want to wait as long as I can before filing to let some stuff age. What are we NOT supposed to say? If there is a link available please let me have it.
    Thanks

    #2
    Never promise to pay. Never let them talk you into a "post dated" check. Always just say you're working on it, but can't make any payment today. Even when they pressure you to make a "promise", don't. Always be vague.

    Collection Agent: When can you make a payment?
    You: As I already stated, I can't make any payment now. Can I help you with anything else?

    Collection Agent: Can you make a payment this week?
    You: No, as I stated, I can't make any payments right now. Can I help you with anything else?

    Collection Agent: Can I get a post-dated check and we can process it in the future?
    You: Again, as I stated, I can't make any payments right now. Can I help you with anything else?

    Collection Agent: Don't you want to pay your debt?
    You: As I already stated, I'm currently unable to make a payment. Can I help you with anything else?

    Collection Agent: Let me just put in my system that you'll be making a payment next Thursday.
    You: As I repeated many times. I have not and I am not authorizing you to jot down anything. I am unable to make a payment right now. Can you give me your home number so that I can call you back when you're trying to cook dinner for your kids?

    (Yes, I had a call like that once. The agent wanted to "write something down" indicating that I would pay in a week or two. I think it was American Express (they are pushy!). I made sure I said it clearly that I didn't authorize them to do anything like that. )
    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.

    Comment


      #3
      Originally posted by justbroke View Post
      (Yes, I had a call like that once. The agent wanted to "write something down" indicating that I would pay in a week or two. I think it was American Express (they are pushy!). I made sure I said it clearly that I didn't authorize them to do anything like that. )

      I had one that went something like that earlier this week. Finally he said, "I need to write something in your file." I replied, "You can write that you talked to me." then immediately hung up.

      My attorney said 1) do NOT promise to make a payment and 2) do not stay on the phone with them because they are masters of manipulating promises out of people. I talk only long enough for them to know it is me, say that I cannot pay then pretty quickly hang up on them. They are going to call again the next day or two anyway.

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        #4
        So is the bottom line we should not promise to pay? I don't understand why that would be an issue. Just because we promise to pay that does not mean we have to, right?
        They also ask me where I work. I told them I could not answer any questions on the advice of my attorney. My plan is to answer once a week and tell them I am filing Chapter 7 and they can call my attorney and give them his name and number.

        Comment


          #5
          Originally posted by Kansas1960 View Post
          So is the bottom line we should not promise to pay? I don't understand why that would be an issue.
          You do not want them recording a promise that you will pay it might give them a reason to not discharge the debt. At least that is how I understand it.

          Comment


            #6
            Originally posted by SCorpPain View Post
            You do not want them recording a promise that you will pay it might give them a reason to not discharge the debt. At least that is how I understand it.
            It is the whole verbal contract debate. You promise to pay after you file, have you just confirmed????? Really do not want to have discussions like this.
            Filed 5/27/09
            341 7/2/09
            341 held
            Discharge and closed 9/4/09

            Comment


              #7
              I did not answer the phone until after Chapter 7 was filed. The do not disturb function on my phone helped greatly. Why would you give someone who wants to hurt you the chance to do so?

              Comment


                #8
                Once I retained my lawyer I told them that they can call him. the lawyer gave me a number for them to call.

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                  #9
                  Creditors will tell you that they will continue to use the autodialers until you can provide them with a bk case number.It really doesn't matter what you tell them they will lie and write down whatever they feel like writing anyway. One of the best responses I learned is when they first call and they are finished informing you that you are being taped is to tell them you need to inform them the conversation is being taped on your end as well. Doesn't matter if you don't have a recorder (I did) the bluff will work too. Every single time when notified of the taping the rep hung up. Ge Money reps couldn't hang up fast enough. Never had a single conversation with any rep after I began taping conversations. I still had to answer the telephone but the conversation certainly didn't last long like poor Justbroke's example.
                  Ch 7 filed: 3/30
                  341: 5/12
                  Discharged and Closed 7/20: Now known as- Free Willy

                  Comment


                    #10
                    I've been telling them all "I don't intend to make any payments on that account."

                    Usually they are stunned or caught off guard and respond with something like "why?," or "when will you be able to make a payment?"

                    I usually tell them that it is my intention to file BK. If I do inform them that I plan to file, then the response is always a request for attorney info. When I tell them I have not retained an attorney as yet, the response is more often then not, "please contact us as soon as you have that info; you should also understand that calls will continue until we have the attorney info."

                    Comment


                      #11
                      What NOT to say:

                      Yes, I know that Powerball winner for 145 million has my same name and address, but I must stress to you, it is not me.

                      Promise.

                      11-20-09-- Filed Chapter 7
                      12-23-09-- 341 Meeting-Early Christmas Gift?
                      3-9-10--Discharged

                      Comment


                        #12
                        The one and only time I got caught and talked to any of these guys

                        was American Express. I was a whopping 3 days late on my payment. They were pissed that I didnt make the min. payment on the last payment. They were really pushy and yes I did promise to make something..I made a token 15.00 payment and told the guy if you don't let me off the phone so I can go to work your not going to even get that.
                        Last time I ever got caught and well never answer another call now almost a year later....

                        Comment


                          #13
                          Originally posted by Kansas1960 View Post
                          So is the bottom line we should not promise to pay? I don't understand why that would be an issue.
                          Promising a payment re-ages the debt to the day you make the promise. For those intending to file bankruptcy soon, that doesn't matter too much. However, for those who are not filing but waiting for the debt to pass the statute of limitations for their state, this is a BIG deal.
                          I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                          06/01/06 - Filed Ch 13
                          06/28/06 - 341 Meeting
                          07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                          10/05/06 - Hearing to resolve 2 trustee objections
                          01/24/07 - Judge dismisses mortgage company objection
                          09/27/07 - Confirmed at last!
                          06/10/11 - Trustee confirms all payments made
                          08/10/11 - DISCHARGED !

                          10/02/11 - CASE CLOSED
                          Countdown: 60 months paid, 0 months to go

                          Comment

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