BOA not getting it.

[syn]

Trust me, there was no chit chatting the last time my dad called BOA! Haven't heard from them since but my dad is seeing his lawyer next Thursday so I reminded him to tell him about what happened. He tried calling his lawyer but he's been tied up in bk court for the past couple of days.

He has been business like with all the creditors he has called, even when Capital One put his account in collections he was business like with the collection agent he talked to. BOA just tipped him over because of them calling again and the fact they called the house so late.

Plus BOA tried to get me and my mom involved in his debt by telling us to call them because we both have BOA accounts so they have been digging around I assume.

[Flamingo]

EXACTLY!! That is why I created a script. Your mind starts to wonder when someone is attacking you or questioning your ability to pay. We know were in the wrong for not paying. This is why I printed two scripts and placed one by couch at home and one in my desk at work if they call. My best line is..

"My attorney can answer your question would like his name & phone number"

If the conversation goes beyond that I tell them have a nice day and I hang up.

Excellent idea and suggestion MI BK!

[Mi Bankruptcy]

Trust me, there was no chit chatting the last time my dad called BOA! Haven't heard from them since but my dad is seeing his lawyer next Thursday so I reminded him to tell him about what happened. He tried calling his lawyer but he's been tied up in bk court for the past couple of days.

He has been business like with all the creditors he has called, even when Capital One put his account in collections he was business like with the collection agent he talked to. BOA just tipped him over because of them calling again and the fact they called the house so late.

Plus BOA tried to get me and my mom involved in his debt by telling us to call them because we both have BOA accounts so they have been digging around I assume.

Thanks Flamingo..

Syn.. We experienced the same thing..That is why we started answering the phone before we filed. Which was not our intention. As I can say, our script worked for us for the most part

[syn]

Thanks for the help.

[syn]

Sorry to resurrect the topic but what have you guys done with getting stuff in the mail from a creditor? Toss it in the trash or call and talk to them?

I said my dad hasn't heard from BOA which that has come to the end. He got in the mail today 3 separate letters, for the 3 accounts he has with them you know the usually b.s. how the account is overdue and wanting to "work with him". Threatening to put his bad debt on his credit report, which they have already done. It blows my mind how dumb they are. I told my dad that he shouldn't bother doing anything since it won't make a difference so should the latest notices go into the shredder?

[StartingOver08]

While you get this correspondence, if it is continued collection activity, forward via fax to your attorney for him to respond to - it only takes a minute. I also log calls that come in on a collection communications log.

As to records, I agree with BigBoy2U. I actually have a file box with every creditor statement, every letter, every CA, lawsuits, credit reports, BK filing, correspondence etc. I am in the process of putting a binder together with just the last 3 months of statements -tabbed for easy reference. First, as soon as I have the discharge, I will check the credit reports for accuracy to make sure every debt included in the BK says zero balance and IIB, as the law requires. Second, once the debt is sold to a JDB, I will be able to follow the debt sales and make sure they stay off my cr report. There is a whole new industry that has popped up in recent years of selling debt to JDB's that has been discharged in BK for further collection. I have no intention of being forced into paying what has been discharged because I don't have the proof of the OC and its amount.

[syn]

Okay, he has alot of them even the old ones so I will tell him. I don't know what kind of letter you want to call it. It's not really a threatening letter but they have sent this kind several times before, saying they will be put it in collections but they never do. I figured BOA would do that (put it in collections) along time ago but they seem to be putting it off even with my dad's accounts being 120 over due. Not that they can do it now because he notified them....

That raises a question CAN they send it to a collection's agency even though he notified them?

[StartingOver08]

Yes, they can send it to collections right up until they are notified of the BK filing. Some even send it to collections after the filing, but the CA usually sends it back to the OC when they find out! From your description it sounds like BOA is sending dunning letters (fancy for 'asking for money' letters!). Your Dad does need to keep all the correspondence. Once it is organized, it actually will make filing that much easier for you. Also, there is a certain satisfaction of just getting everything in its spot - it seems to help calm with the overwhelming feeling you get when you are not up to date with the payments.

[syn]

Okay. I'm surprised they haven't done it by now since it's been along time since he paid on any of them! I guess that's what you want to call these letters, haha. They use to look like they weren't even asking for money, like they were selling you something. The latest ones don't look like that anymore, just a bunch of empty threats, etc. Always with a new "we must hear from you by (insert date here)" but then they just call/mail you again with a new date anyways.

[syn]

It puzzles me. Like he got another letter from them at the house regarding one of their accounts. I think it would be easier if they put the accounts in collections because then they wouldn't send letters and call anymore. All of his accounts only Capital One put it to a collections agency. He has one local creditor he hasn't told yet but they will probably be just as bad as BOA.

[syn]

BOA at it again....could they do this?


Lawyer told my dad to fax over any notices he gets from creditors he already notified from now on. Got one again from FIA Card Services (BOA) saying they are left with "no other alternatives" and listed 4 things they could do from giving my dad's accounts to lawyers to get judgements against him to keeping his account and "pursue collection for the next 7 years".

I am alittle worried on the first one, even though they have been notified multiple times of my dad's chapter 13 could they go as far as getting an arbitration claim?

[StartingOver08]

Syn, your father has actually filed now - right? He is in the CH 13 right now?
If he has filed, then there is no question that this is a violation of the automatic stay and the collections communication your Dad just received regarding arbitration should be prompty turned over to his attorney to respond to immediatley.

they can not take you to arbitration while you are in CH 13 (or even CH 7). Turn it over to the attorney right away, this is why you hire an attorney to handle the BK's in complex BK's.

[syn]

That's the problem, he hasn't filed yet but I thought they couldn't send him notices anymore because he retained a lawyer.

[ready2puke]

You can hire a ton of attorneys..doesnt mean squat..no protection until he files..that goes for all of us not just dad..

[okiemom2008]

Does anyone know how to record on a blackberry cell phone?

Also- has anyone ever had them actually call relatives?