Calls at 7:20 in the morning

[gettingby2008]

Bank of America started calling this morning at 7:20 in the morning I thought they were not allowed to start calls until 8am. We are planning on filing Feb 1
so I know I have about 2 months to receive the calls, I keep referring all calls to our attorney however they still continue to call.

[ansky0007]

Ask your lawyer to send them a formal letter informing them that they are no longer to call you and they must call them. My lawyer did this and my phone got very quiet.

[magyar123]

Ask your lawyer to send them a formal letter informing them that they are no longer to call you and they must call them. My lawyer did this and my phone got very quiet.

Won't really help at this point. Poster indicated that the bankruptcy will be filed in February. Until the case is actually filed creditors can/will hound you.

[ansky0007]

Won't really help at this point. Poster indicated that the bankruptcy will be filed in February. Until the case is actually filed creditors can/will hound you.

Worked for me... Once they were told my lawyer was obtained the calls stopped before we even filed.

[cynbkrpt]

Bank of America started calling this morning at 7:20 in the morning I thought they were not allowed to start calls until 8am. We are planning on filing Feb 1
so I know I have about 2 months to receive the calls, I keep referring all calls to our attorney however they still continue to call.

If you're wondering if it violates the FDCPA..that's different than violating the automatic stay. If you were autodialed and it was a genuine timezone issue..they can claim it was an error as long as it is rectified to not happen again. That happened to me when I moved out of the time zone I used to live in (EST) and they thought they were calling me on the east coast when I was on the west coast.

Did you talk to anyone and let them know the hour? You can also request in writing that they not contact you via telephone and if they violate that..then you have them.

[ekorB]

Bank of America started calling this morning at 7:20 in the morning I thought they were not allowed to start calls until 8am.

Could it be that you applied for credit using an address in another time zone?

[MJJ3767]

Send all your creditors a cease and desist letter stating for them to not contact you by phone. Also, you should mention they are not to contact your employer, friends, family etc. If they want to contact you, they can do it by mail. Send the letters certified so you have proof they received it. You can google "cease and desist letter creditors" and that should pull up some samples. Make it short, sweet and to the point. The calls will stop immediately.

[BigJohn]

I think sending the creditors a letter saying you are being represented by a lawyer and they are to call him/her only should stop the calls.

[magyar123]

Send all your creditors a cease and desist letter stating for them to not contact you by phone. Also, you should mention they are not to contact your employer, friends, family etc. If they want to contact you, they can do it by mail. Send the letters certified so you have proof they received it. You can google "cease and desist letter creditors" and that should pull up some samples. Make it short, sweet and to the point. The calls will stop immediately.

Cease/desist provisions do not apply to original creditors only to collection goons.

[MJJ3767]

Cease/desist provisions do not apply to original creditors only to collection goons.

I've used this with orginal creditors in the past and never had a problem. The calls stopped as soon as they recieved the letter.

[Overmylimit]

Were any of the accounts business related? They used to call me at all different times but it was business related so the times didn't matter.

[Flamingo]

Worked for me... Once they were told my lawyer was obtained the calls stopped before we even filed.

Sometimes it works, sometimes it doesn't. Usually they will slow down when you retain the attorney, as the OP has, and provide them with the attorney's contact information; however, without the filing number for your BK, they can continue to call. Once you provide them with the filing number, they go away. All the OP has to do if she has already provided the attorney's information to that creditor is to either ignore the calls, answer and tell them that they have already been provided with the retained attorney's informatoin and future calls need to be directed to the attorney and if they continue, the creditor's name and number will be provided by the OP directly to the attorney.

I am not certain as to actual calling hours by creditors but I believe it is after 7:00 a.m. and not after 10:00 or 11:00 p.m. at night. That is just hearsay from another person and would need to be checked out by the OP.

[gettingby2008]

Thanks everyone, I have given our attorney info to all of our creditors they just ignore it and continue to call and I let them know that that they have our attorney info and hang up quickly. I think B of A is a little ticked because I was set up for auto pay and cancelled it way before the next payment was due and printed out the confirmation, they still withdrew the money. I called online banking to complain about the payment being withdrawn and they actually sent it back to me within 5 business days. The payment was 762.00 so I am now 2 payments behind. Just hope they don't calll that early anymore they woke my 2 year old that morning will be turning the phones off at night from now on.

[detroit9]

I think B of A is a little ticked because I was set up for auto pay and cancelled it way before the next payment was due and printed out the confirmation, they still withdrew the money. I called online banking to complain about the payment being withdrawn and they actually sent it back to me within 5 business days.

The same thing just happened to us with a smaller bank. We stopped an auto payment in October, and when they didn't receive pay in November they just pulled out another payment last week from our bank account. Fighting with them now about it.