New Debt Collector Message -- Tactic?

[ApresMoi]

Hi All -- I checked my messages today and see that one of them now has a collector at/from a law firm calling me. I just missed the third consecutive payment, so they are ramping up. So one person starts out by saying if it isn't me listening to the message, that person needs to hang up, but if it is me, they need to talk to me, etc. Then, someone ELSE speaks to him and tell him that I should not be letting anyone else listen to these messages. Then the second person says he is a collector with a law firm and that this (unintelligible but I think he said 'information') is only to be used for that purpose. It sounds to me as though they are suggesting that I may be doing something I should not be doing (huh?). As far as I know, it's perfectly fine to record and retain the messages they are leaving. Which is exactly what I am doing. Maybe I should put my name on the greeting so they know it's me (currently it's set at the 'standard' greeting, which is completely anonymous). Should I change the greeting? Should I call the law firm back? Does this mean I am out of time? Pretty sure it's Amex. I would not think they would sue this quickly (90 days), but it's not unheard of. Thanks.

[aljohnson007]

I would leave the machine as is and don't speak with anyone. What they usually try is to get you to pay even a small amount and ask for your checking account and routing number. If they get this info, they will empty your account. JMO

[ApresMoi]

I would leave the machine as is and don't speak with anyone. What they usually try is to get you to pay even a small amount and ask for your checking account and routing number. If they get this info, they will empty your account. JMO

Ok, thanks. I went back and listened to the actual voicemail (previously I read a transcription of it -- my phone co. provides that service) and as it turns out, it was a really terrible transcription. There was only one person speaking, and they didn't suggest I might be using the information improperly. The automated transcription just mangled the message and gave me the completely wrong impression.

However, it is a law firm calling me now, that part is correct. Since I have already used one checking account to pay the creditors, they all have that info on file. I know, because one of the collectors said: "Can we deduct a payment from account number ending in XXXX? I now keep a low low balance in that account, less than $100.

[aljohnson007]

I would close the account as they could process a payment and you end up with an overdraft and negative account balance. BofA did it to me.

[ApresMoi]

I assume BofA was on autopay? Of you had a loan with them (e.g., the account was cross-collateralized)?

To my knowledge, they have no legal right to help themselves to a payment from my checking account. I took everyone off autopay a long time ago.

From everything I have read, they would have to sue me first, and get a judgment against whatever assets I might possess (including funds in my checking account).

If anyone knows otherwise, please post.

I would close the account as they could process a payment and you end up with an overdraft and negative account balance. BofA did it to me.

[Snax]

I assume BofA was on autopay? Of you had a loan with them (e.g., the account was cross-collateralized)?

To my knowledge, they have no legal right to help themselves to a payment from my checking account. I took everyone off autopay a long time ago.

From everything I have read, they would have to sue me first, and get a judgment against whatever assets I might possess (including funds in my checking account).

If anyone knows otherwise, please post.

I can't comment on what they can legally do or not, but rather that regardless of it, if they do resort to such tactics, you probably aren't getting that money back.

We have yet to file, but I intend to change my checking to another institution shortly before we do.

Banks CANNOT be trusted on this stuff. After all, how are you going to get money back that you already legally owed them? You probably can't sue them unless they do it after the discharge, right?

People do illegal/unethical crap all of the time because they know they can get away with it; more so on civil matters.

[momisery]

I have been thru the BK discharge process and yesterday we got a letter from the atty for Wells Fargo asking for full payment. Hubby gave them the case number etc. We had to mail our bk papers to WF and to BOA, the discharge papers said they could not contact them??? So, hubby called got the address and we sent those over to them certified mail. I know they know because they both filed a auto stay when we first filed... bunch of crap and wasted time and expense for people is what it is.