citifinancial drama

[Never_Again]

OkieBK09...

I understand that they can be intimidating...

However, you taught them that if they don't stop calling, and bug you enough, that you will pay them! They got exactly what they wanted.

There is no logical reason for anyone to pay an un-secured creditor over paying for food, lights, heat, and housing. Therefore, they have to try to invoke an emotional response from you. And, they have figured out how to do that.

You need to take control back from them. Send them a certified letter, return receipt requested, telling them that you can not receive calls at work, and that they are to stop immediately.

You can tell them that you are filing, but until you give them a lawyer's name and number, they will probably keep calling you, to invoke the same emotional response, and get whatever they can from you before you do file.

I also would not pay them if you are going to file... use that money to pay your lawyer.

But, whatever you do, take control from them!

[jeb]

128, go find the legal name of the Statue they are suppose to follow - I don't it handy right now - and ask them if they are familiar with it and the penalties they face if they violate it? When they know you know what you are talking about and are serious they will back off.

But you MUST notify them in writing as mentioned above. - jb

[okiebk09]

can anyone help me with what i need to make sure i have in the letter? i have never done this and i am not sure what info i need to put in the letter. i am planning on typing the letter in the morning and sending it certified mail in the morning. anyone please help with this!!!!!

[AngelinaCat]

Okiebk09, if you have already given over bank account information, go and change your bank immediately tomorrow. Do not ever give your account information to anyone over the phone--and be absolutely sure of who you are talking to if you do it in person!

As for the calls, send the cease and desist letters as other posters suggested and make then certified with return receipts. Keep ALL of your receipts and put them into the notebook you should compile to organize all of your BK papers. Then, once you have those signed green cards in hand, you can tell the caller to go 'eat worms', and hang up.

You are only about 30 days or so from filing, so hang in there, it won't last too much longer.

Good luck, and Merry Christmas.

[okiebk09]

thanks all for your input. i do appreciate all the advice and help. i am going to print the letters in the morning and get them to the post office. do i have to have the greeen card in hand before it is valid or is it valid when they sign for it? i am thinking they should get it by monday as the office is basically in the same town and i may not get the card until wed or so. i am sure they will be calling my husband tomorrow. they do not have our bank info per say but instead wanted us to drop off a postdated check. we have let them do that once before but when we decided to file bk we opened another checking account at a new bank that no one has any info about. the bank account we have used with citifinancial has no money in it anyway. it just sits for now until after bk and then we will close it. so as of now i have decided to NOT give them any money as i really do not have it to give to them anyway and to send these letters. that stupid lady that called me is not going to win this battle. I AM!!!! Thanks again for your support. i am so glad i found this forum.

[AngelinaCat]

thanks all for your input. that stupid lady that called me is not going to win this battle. I AM!!!! Thanks again for your support. i am so glad i found this forum.

You are most welcome, we are glad you found us also. You are already a winner; you are making corrective actions to heal your financial self.

Good luck!

[relief13035]

DO NOT PAY THEM - big waste of money

[inpain66]

They are doing this to me as well. I am months from filing though. They are the ones pushing me over the edge!

[Bell30656]

As I posted in your other thread, the FDCPA does not apply in this situation as Citi Financial is the original creditor and not a debt collector. So they can feel free to call you every day if they want to.

Try this script: "My work does not allow me to receive personal phone calls. My home telephone number which you already have is: XXX-XXX-XXXX. I will be available to take your calls after X:XX PM but please be advised I will be recording all telephone calls in accord with state and federal laws. Have a nice day."

Then when they call you at home, do not avoid their calls. Take them... Welcome them... Just take the call, explain to them that nothing has changed... You do not have the money to pay the debt. You have nothing further to say about the debt but you'll be happy to discuss the weather, the Atlanta Braves or your newest recipe for roast beast. They really want to control the conversation and speak about the debt. They hate it when you control the conversation.

Kill them with kindness. And always remind them that you record all calls (whether you do or not is irrelevant). What will happen is you will start getting hang up calls from their number. That is when the auto-dialer has dialed and representative sees your name, realizes he/she has spoken to you before and that you aren't going to be productive for him/her. Keep in mind they are completely powerless. They can't take seize you assets, they can't garnish your wages and they can't break your leg until AFTER they have successfully won a lawsuit. A JDB filed two lawsuits against me one in Nov 2007 and one in Feb 2008... neither of them have made it to court, yet. The lawsuit process is far from an overnight thing.

[okiebk09]

Ok got the letters printed up and leaving in about an hour to send them certified mail. i hope this works. from what i read though online the origianl creditor does not have to stop calling. does anyone know if this is true?

[justbroke]

Ok got the letters printed up and leaving in about an hour to send them certified mail. i hope this works. from what i read though online the origianl creditor does not have to stop calling. does anyone know if this is true?

That is true, but if you tell them to not call you at work, they can't call you at work.

The key is, as written above, is to take their calls so that they don't go "looking" for you by calling relatives, neighbors, and friends.

You may get lucky and they just stop calling altogether.

[okiebk09]

so should i send a different letter then?

[Bell30656]

I wouldn't bother to send them certified. When dealing with someone like Citi they know what they can and can't do. You don't want to just tell them not to call you at work, you need to be specific and say that your work has a policy against personal calls. If they have knowledge even from you that your work does not allow these calls they can't call you there. On the other hand, if you just tell them not to call you at work, they will.

They just want to reach you. Well, they want to get paid too but we should all want for something in this lifetime.

[okiebk09]

ok so i put that my work does not allow me to receive personal phone calls. i said that they can contact me at home after 5 pm and to please cease at phone calls at my place of employment. how about that. of course it was worded differently but said that calls are not allowed by my work basically. any other suggestions?

[okiebk09]

well so you are basically saying that i should not do anything? i just do not know what to do.