Blood Pressure Rising

[exhausted]

So, yesterday afternoon I was trying to nap, and I get a call from Bank of America. The lady said that they had been informed that my husband and I filed for bankruptcy and she needed the case number. I told her that I did not have it at the moment (and since she was nice about it) I said I would call back later with it.

Later that afternoon, I did call back. I spoke to a different woman this time, but she was nice as well. I gave her the case number, and when asked, also gave her my attorney's name and phone number. I figured that was that, right?

About an hour ago the phone rings, it is Bank of America informing me that I'm way past due, and they want their money now. I told the fella on the other end about what happened yesterday. He then says that he sees my attorney's info and case number are in fact in my file. I asked him, "Then why on earth are you calling me? Do you realize you are breaking the law?" He then proceeds to argue with me. He gave out before I did, and snapped, "Have your attorney call us" and then hung up on me.

I call BoA back and calmly explain to the woman who answered what the situation was. She then proceeds to argue with me. She kept saying, "I do see here that you are going to file." I had to repeatedly correct her and tell her that, no we ALREADY filed. For what ever reason she could not get this through her head. This one ended the same as the last conversation, "Have your attorney contact us."

So, I get a manager on the phone. He tells me that even though their collections department does show that my attorney's info was given, they will keep calling and attempt to collect until I call their bankruptcy department. I told him the same thing my attorney's paralegal told me (when another creditor tried to pull this crap) that I nor my attorney were going to do BoA's job for them and it THEIR responsibility to call my attorney, not the other way around. He argued with me and said that isn't how things work at BoA. I said yes, that is how it works and so we proceed to go back and forth.

I switch to a new tactic..... I inform him that now that BoA KNOWS we have filed, it is against the law for them to contact me and to not call me again. He again said that isn't how it works, and legally they can keep calling until I contact their bankruptcy department. It wasn't 'official' until the bk department had been informed. What. Ever.

So if the bk department doesn't know yet, then who was that woman that first called me yesterday? Was she from accounting? IT? Janitorial services? I'm willing to bet that she was from the bk department.

I put in a call to my attorney, and both him and his paralegal are in court right now. The assistant said that she would have the paralegal call back with instructions on how to get them to stop.... because I will be dead in my cold, cold grave before I call their bk department and I know the paralegal won't do it.

Rant over.

[Flamingo]

There is an article on the front page of our newspaper today about the growing number of collection calls and complaints that are taking place due to the large number of people not paying bills, this economy, etc., etc. Creditors and their collection staffs or who may eventually buy the debt, due to the increasing defaults taking place, are getting more aggressive in their tactics and some, believe it or not, are not breaking any laws in some of the things they say or do. If I can copy and paste that article or find a link to it I will post it under the Bankruptcy News Section...it's eye opening to say the least.

[ansky0007]

CNN had an article just yesterday on this...

http://www.cnn.com/2008/US/10/30/debt.collectors.ap/index.html?iref=newssearch

Whats real interesting...

American consumers now owe around $969 billion in revolving debt -- the type of debt that people have on their credit cards -- compared with $770 billion in 2003.

Bankruptcy is also on the rise if we did not already guess that.

[BigJohn]

To the original poster: I would jut ignore Bank of America. What can they do? Can they seize your house? No. All they can do is make you worry and say stupid things that they will use against you. As for having your lawyer intervene, who is going to have to pay for that? You.

Creditors put us between a rock and a hard stone and they twist things to suit their fancy. I feel it is better not to tell them anything.

File a complaint with the FTC but they have so many complaints now do you think they are going to get to your complaint?

[Flamingo]

See the article which I just put under the Bankruptcy & Credit News forum.

[GoingDown]

To the original poster: I would jut ignore Bank of America. What can they do? Can they seize your house? No. All they can do is make you worry and say stupid things that they will use against you. As for having your lawyer intervene, who is going to have to pay for that? You.

Creditors put us between a rock and a hard stone and they twist things to suit their fancy. I feel it is better not to tell them anything.

File a complaint with the FTC but they have so many complaints now do you think they are going to get to your complaint?

Very good advice!

Just screen your calls for a little bit longer with caller ID or just hang up on them. Once the bankrutpcy gets into full swing they will be notified by the bankruptcy court and the calls will stop.

Until then, there is no sense in talking to them on the phone. It may hurt your health if you get too upset over it. And yes, you might say something you shouldn't say.

I have learned from personal experience with B of A, that no amount of arguing on the phone does any good at all. They call right back and act as if they don't know anything about the argument that just took place. They are just trying to be such a pain in the rear end that some money might shake loose to make them go away and stop calling (Ha! That will be the day!) Even sending a cease and desist letter by certified mail doesn't work on them. In my case, they are after the estate of a dead relative, and they call my land line about 15 times per day. Thank God they don't know my cell phone number. I figure after about 6 months (at charge off) they will probably send it to a junk debt buyer or collection agency, and they do seem to stop calling when they get a cease and desist letter in the mail. Until then, I just don't answer the phone when I see it is them calling.

[exhausted]

There is an article on the front page of our newspaper today about the growing number of collection calls and complaints that are taking place due to the large number of people not paying bills, this economy, etc., etc. Creditors and their collection staffs or who may eventually buy the debt, due to the increasing defaults taking place, are getting more aggressive in their tactics and some, believe it or not, are not breaking any laws in some of the things they say or do. If I can copy and paste that article or find a link to it I will post it under the Bankruptcy News Section...it's eye opening to say the least.

CNN had an article just yesterday on this...

http://www.cnn.com/2008/US/10/30/debt.collectors.ap/index.html?iref=newssearch

Whats real interesting...

American consumers now owe around $969 billion in revolving debt -- the type of debt that people have on their credit cards -- compared with $770 billion in 2003.

Bankruptcy is also on the rise if we did not already guess that.

Thank you both for the article. Very interesting. I've been wondering if these people are so poorly trained that they don't know the law or simply don't care. After reading the article, I'm starting to think it is the latter.

To the original poster: I would jut ignore Bank of America. What can they do? Can they seize your house? No. All they can do is make you worry and say stupid things that they will use against you. As for having your lawyer intervene, who is going to have to pay for that? You.

Creditors put us between a rock and a hard stone and they twist things to suit their fancy. I feel it is better not to tell them anything.

File a complaint with the FTC but they have so many complaints now do you think they are going to get to your complaint?

Nope, can't take my house. I don't really worry about it, as we have already filed. I guess it just makes me angry that the laws put in place to protect us are completely ignored. Also, I guess it might have something to do the arrogance of BoA and those employees I spoke to.

I contacted my lawyer in the hopes that maybe he could send them a nasty letter or something. I don't expect him to 'go after' them, because I know that proving willful violation and damages is tough to do. IMO, it isn't worth the time, effort, or money.

Thanks for the advice. I've calmed down a bit since then, I just get pretty riled up when it comes to injustice/stupidity/laziness (whatever their problem is).

Very good advice!

Just screen your calls for a little bit longer with caller ID or just hang up on them. Once the bankrutpcy gets into full swing they will be notified by the bankruptcy court and the calls will stop.

Until then, there is no sense in talking to them on the phone. It may hurt your health if you get too upset over it. And yes, you might say something you shouldn't say.

I have learned from personal experience with B of A, that no amount of arguing on the phone does any good at all. They call right back and act as if they don't know anything about the argument that just took place. They are just trying to be such a pain in the rear end that some money might shake loose to make them go away and stop calling (Ha! That will be the day!) Even sending a cease and desist letter by certified mail doesn't work on them. In my case, they are after the estate of a dead relative, and they call my land line about 15 times per day. Thank God they don't know my cell phone number. I figure after about 6 months (at charge off) they will probably send it to a junk debt buyer or collection agency, and they do seem to stop calling when they get a cease and desist letter in the mail. Until then, I just don't answer the phone when I see it is them calling.

I'm approximately 8 days away from discharge (I should probably put that in my signature, huh? ), so they were notified long ago. I know for a fact that they know because this all started when the lady from BoA called yesterday to ask me for the case number.

Yeah, I know I shouldn't let them upset me. You are right. They aren't worth it. I guess part of the reason I was furious is because we are so close to discharge. I thought for the most part we were done with the BS.

I'm sorry to hear that you have had so much trouble with them.

[BigJohn]

Creditors/collection agencies do these bad things because they can get away with it. If you tell your lawyer, your lawyer might go after them but you will have to pay your lawyer for his time.

You can file a complaint with the various government agencies but they do not do much for consumers as far as regulating such activities.

You can shout back at them but they only return stronger then before.

You can send them a cease and desist letter, but they have nobody to open the letter let alone read it.

You can decline to anser the phone and enjoy the rest of your day.

[GoingDown]

"You can decline to answer the phone and enjoy the rest of your day."

That's the best advice I've heard about how to deal with debt collectors.

Think about it this way, after the discharge, Bank of America would lose any lawsuit they filed against you, so they would lose any hope of collecting it. They know they are breaking the law, but this is their last chance to get paid before it is too late for them, so they don't care.

Just don't answer that phone when they call, or hang up on them.

[ready2puke]

How about picking up the phone and blowing a whistle in their ear????? lol That should wake them up

[GoingDown]

How about picking up the phone and blowing a whistle in their ear????? lol That should wake them up

That would be fun, but the original poster in this case was complaining about health issues-- high blood pressure.

The best response in this case is no response. Don't answer the phone when they call. Don't talk to them. Just wait it out.

My guess is, once the discharge comes, B of A will stop calling. And even if they don't stop calling, there will be nothing they can do to collect the debt after this point, and they know it.

[exhausted]

Thanks for the advice, everyone. I know that when I get upset with them, most likely I'm giving them the response they want.

BTW, I didn't find out until after I posted, but they also called my husband on his cell while he was at work. I guess they figured there was no reasoning with that crazy woman and figured he was worth a shot.

How about picking up the phone and blowing a whistle in their ear????? lol That should wake them up

LOL! I remember back in the day (before caller ID) my grandparents kept a whistle by the phone for obscene/prank phone calls.

Though this strategy did make me laugh and it would be soooo satisfying to do, I don't think my dogs or cats would like the whistle too much.

My guess is, once the discharge comes, B of A will stop calling.

I just gotta hang in there a few more days then it all stops. The 8th is technically 60 days, but it falls on a Sat. I don't expect to get anything official on the discharge till mid-late next week.