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    ok i'm pissed

    So one of my creditors, Barclays, I guess did some digging, located my parents phone number and called them to try and locate me. I know they have a right to do this as long as they don't disclose the reason for for the call, but it still pisses me off. I called them back and gave them my attorney's number and told them all further contact goes to them.

    Since i've advised them to contact my attorney, can I not worry that they will call again?

    #2
    Have you filed? If you have filed recently, they may not yet have received the filing papers or if you have not filed, they would need the case number to really stop contacting you. You can give them your attorney's information if you have retained him/her but it's when they have the paperwork in hand or the case number is when they stop calling. The reason they have your parents' phone number is that you probably provided tneir name, address and phone number on your credit application - most credit applications as for the contact information of your closest relative(s) not living with you. They do that for a reason and you just found out why.
    _________________________________________
    Filed 5 Year Chapter 13: April 2002
    Early Buy-Out: April 2006
    Discharge: August 2006

    "A credit card is a snake in your pocket"

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      #3
      You have a right to tell creditors that telephone calls are an inconvenience to you and to your parents, and ask them to contact you in writing. I did that with one creditor and the calls stopped immediately. I forget the name of the federal legislation that spells out what your rights are vis a vis creditors, but it's been mentioned here in this forum.

      I held off telling creditors I had hired a law firm until just a few days before filing. I didn't want to give them a 'heads up'. Most attorneys I spoke with (during the free consults) said it was 'up to me' as to when creditors were notified. Their debt will likely be discharged in the BK regardless and creditors know that.

      It felt AWFULLY GOOD being able to give them my attorney's contact information. I then got a few calls from debt collection agencies offering settlement deals. I'm filing Ch. 7, btw. My response? "On my attorney's advice, I am not at liberty to discuss my finances at this time".

      Anyone who is even thinking of filing should memorize that phrase (and if you don't have an attorney when the creditors call just say..."I am not at liberty..." etc.). Don't give them ammo (like I did) to use against you later in a court of law. I doubt anything will come of what I said, but still, it's better not to dig that hole in the first place, that way you won't have nagging worries (you have enough to deal with as it is, right?). And, yes, they will ask why you can't pay. Just say you are "not a liberty to discuss", etc. Protect yourself!

      Originally posted by mikeyisbroke View Post
      So one of my creditors, Barclays, I guess did some digging, located my parents phone number and called them to try and locate me. I know they have a right to do this as long as they don't disclose the reason for for the call, but it still pisses me off. I called them back and gave them my attorney's number and told them all further contact goes to them.

      Since i've advised them to contact my attorney, can I not worry that they will call again?

      Comment


        #4
        My mother and sister got a call as well. I wonder how in the world they can dig that up. Perhaps because on one occasion I had mail routed to those addresses, and they did a search and got the phone number for the address?

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          #5
          Originally posted by JackBondLove View Post
          My mother and sister got a call as well. I wonder how in the world they can dig that up. Perhaps because on one occasion I had mail routed to those addresses, and they did a search and got the phone number for the address?
          See my posting above...you may have provided that information when you obtained the credit. You can thank the internet, your SS#, phone books and public records for the rest...also any information you provided the creditor as to a previous address, etc. There is a reason for all that requested information on an application...many don't think much of it at the time of signing...
          _________________________________________
          Filed 5 Year Chapter 13: April 2002
          Early Buy-Out: April 2006
          Discharge: August 2006

          "A credit card is a snake in your pocket"

          Comment


            #6
            Originally posted by JackBondLove View Post
            My mother and sister got a call as well. I wonder how in the world they can dig that up. Perhaps because on one occasion I had mail routed to those addresses, and they did a search and got the phone number for the address?
            It's not very difficult. Collection agencies and the like pay big $$$ to access several different databases.
            All information contained in this post is for informational and amusement purposes only.
            Bankruptcy is a process, not an event.......

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              #7
              My favorite answer to collection calls was:

              My attorney can answer your question would you like his phone number. It worked for every single question. :o)

              Comment


                #8
                About 1 year ago, a collector called my father. We have the same name. They assumed my father was me and began telling him details about my account why they were calling. My father and I are not very close, so of course he used this to judge me. I wish I would've known what they can and cannot do then, I would've sued them.
                I may be smarter than an attorney, but I'm not one. No legal advice here, people.
                Filed Ch. 7 pro se on 10/22/10 341 on 11/19/10 Report of No Distribution Filed on 11/19/10 Discharged 1/19/11 Closed 2/2/11

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                  #9
                  Well they called again this morning to my parents - I called them back and told them again that any contact needs to go through my attorney and it was not appropriate for them to call that number again. Apparently the idiot i talked to the other day didn't update the record. Today's person said all calls would stop once I said the magical words Chapter 7.

                  Comment


                    #10
                    Unbelievable. Maybe they will get the message this time.

                    Originally posted by mikeyisbroke View Post
                    Well they called again this morning to my parents - I called them back and told them again that any contact needs to go through my attorney and it was not appropriate for them to call that number again. Apparently the idiot i talked to the other day didn't update the record. Today's person said all calls would stop once I said the magical words Chapter 7.

                    Comment

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