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Interesting call from Cap 1

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    Interesting call from Cap 1

    I just retained my attorney yesterday and she said that I can refer all CC calls to her. So as the calls come in I give them her name and number. All have been nice and have taken my atty's info. Although one creditor told me they would call until I file, which that's fine, but the overall I have had a few less calls today.

    So then Cap 1 calls, I tell them I've fully retained an atty and offered her info. Cap 1 tells me that I need to give them my SS# before she can add her info to the record. I refused. Then she said why don't you just pay the $800due now (I'm 3 months late) and then you can use the card again. I had to laugh. I know she is just doing her job, but if I couldn't pay the monthly payment of almost $200, what makes her think I have $800 lying around?

    I do have a question. Has anyone found that most creditors will stop calling once they are giving the atty's info, but haven't filed yet? To my surprise Chase has stopped calling but others have not. I also wonder if I am tipping my hand when I tell them I am filing. I think my atty is great, but because she is solo, it will be a month before I can file. I will be happy when the calls stop altogether, but in the meantime back to silencing my ringer!
    Filed Chapter 7 on July 30, 2010
    341 scheduled for August 26, 2010 - Done! - Report of No Distribution
    Discharged!!! - November 15, 2010

    #2
    Couldn't help you there. I've only had 1 call. and they stopped calling for some reason. I haven't even told them I filed.

    Doesn't cap one know if you pay the 800 that's preferential payment. Trustee could take that money back.
    Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

    Comment


      #3
      I haven't gotten that far yet, but had to comment on the "why don't you just..." I rarely answer calls, but I got blindsided when some agency called my father and he gave them my real phone number. Remind me to thank him. Anyway, I got the whole "Why can't you just accept our offer of $1200..." Um, if I had $1200, I could have made 12 payments of $100 and I wouldn't be in trouble.

      "Why can't you just pay it off with another card?" I tend to get tongue-tied on the phone, but seriously? You're telling me I'm wrong to not pay my debt, but it would be okay to not pay someone else's as long as you get paid?

      I wonder why they aren't more subtle. Because that was what jarred me back to reality and I refused to do any more explaining beyond that I can't pay.

      Comment


        #4
        Originally posted by nc73 View Post
        Doesn't cap one know if you pay the 800 that's preferential payment. Trustee could take that money back.
        I mentioned that to my caller, too, but she was going to get her money come hell or high water.

        Which makes sense in a strange way. I doubt if Chase had to pay it back down the line if they'd actually think to revoke her commission.

        Comment


          #5
          Originally posted by hooferator View Post
          I mentioned that to my caller, too, but she was going to get her money come hell or high water.

          Which makes sense in a strange way. I doubt if Chase had to pay it back down the line if they'd actually think to revoke her commission.
          I don't know what drives a person to be a debt collector but I couldn't do it. I'd rather go hungry.
          Filed: 6-7-2010 341: 7-15-2010 DISCHARGED: 9/17/2010

          Comment


            #6
            They don't care about preferential payment, they just want $$$. On one hand, I understand she was just doing her job, but then give me a break, I just told them I'm filing for bk, not that I won the lottery! I could never work in collections.

            Hooferator, I think that is crazy that they asked you to pay it off when another card. Talk about compounding the problem. I have kept my ringer on silence for the past two months, so the call don't bother me that much. The only reason I answered the calls was to give them my atty's info. Now that I see how effective that is I think I will go back to the silent ringer. ;-)
            Filed Chapter 7 on July 30, 2010
            341 scheduled for August 26, 2010 - Done! - Report of No Distribution
            Discharged!!! - November 15, 2010

            Comment


              #7
              I had a collector call my parents house looking for me although I hadn't lived with my parents in years and end up giving my parents all my account information. The CA then decided to tell my parents that I could lose my home(this creditor had nothing to do with my mortgage)if my balance was not paid. My parents made a phone payment of 2k to the CA to "save my house". Needless to say I was very upset and angry at the CA.
              -Filed Ch7 pro se 04/14/2010
              -341 Meeting is 05/24/2010 (went uneventfully well)
              -Report of No Distribution 6/4/2010
              -Discharge 7/28/2010

              Comment


                #8
                nc73,

                I'm with you, I could never be a collector. When look through the jobs ads, I have noticed that there are a lot of openings for collectors. No thank you, I'll pass.
                Filed Chapter 7 on July 30, 2010
                341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                Discharged!!! - November 15, 2010

                Comment


                  #9
                  Originally posted by GettingGoing View Post
                  I had a collector call my parents house looking for me although I hadn't lived with my parents in years and end up giving my parents all my account information. The CA then decided to tell my parents that I could lose my home(this creditor had nothing to do with my mortgage)if my balance was not paid. My parents made a phone payment of 2k to the CA to "save my house". Needless to say I was very upset and angry at the CA.
                  Um, not thinking that's legal. Not sure how you'd go about getting that money back -- but I'd be checking!!

                  We're telling my parents this weekend just because I know the phone calls may eventually start there too - and that is so something my parents would do as well.
                  04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

                  Comment


                    #10
                    Gettinggoing,

                    That sucks! Sorry to hear that happened to you. I thought that if creditors are talking to someone other than the account holder they are not allowed to give specific information. Then again, its not like they all play by the rules. That is why I am a little concerned about tipping my hand by telling them I will be filing for bk.
                    Filed Chapter 7 on July 30, 2010
                    341 scheduled for August 26, 2010 - Done! - Report of No Distribution
                    Discharged!!! - November 15, 2010

                    Comment


                      #11
                      Originally posted by ssmdem View Post
                      Um, not thinking that's legal. Not sure how you'd go about getting that money back -- but I'd be checking!!

                      We're telling my parents this weekend just because I know the phone calls may eventually start there too - and that is so something my parents would do as well.

                      I actually called the CA (It was Bank of Americas in-house collection) and was told that my parents offered to pay the debt and were not forced to pay the debt and that bofa did not provide any account information to them. I then asked them how my parents knew the balance to pay if they were not given ANY information about my account and I was told that my father just threw out numbers until the CA agent said ok. My father says that story is totally false.
                      -Filed Ch7 pro se 04/14/2010
                      -341 Meeting is 05/24/2010 (went uneventfully well)
                      -Report of No Distribution 6/4/2010
                      -Discharge 7/28/2010

                      Comment


                        #12
                        Originally posted by hooferator View Post

                        "Why can't you just pay it off with another card?" I tend to get tongue-tied on the phone, but seriously? You're telling me I'm wrong to not pay my debt, but it would be okay to not pay someone else's as long as you get paid?
                        I was asked tonight to take out a title loan on my car to pay back a debt!
                        Still learning all of this, but glad I've found this site! Thank you all for your advice and patience!

                        Comment


                          #13
                          Hi Kartoons,

                          Almost all the CC companies I have given my attorneys number too have stopped calling. I am wondering when they will start again as we don't file for a few more weeks.

                          The others (I think 3) call every 30 minutes right on schedule. We just stopped answering the phone. I did speak with MBNA last week and told them I was having difficulty; however, never mentioned the BK. They offered to reduce my interest rate from 31% to 3% and fix a payment for 60 months at $500. I was surprised they even made an offer to help at all.

                          Maybe this is the route I will have to take if I run into problems with my case. Nice to know it is an option.

                          ST
                          Filed 7 - 7/8/10, 341 - 8/17/10 - Continued, Presumption of Abuse Filed - 8/27/10
                          Report of No Distribution 9/27/10. Discharged 2/7/11 Closed 02/25/1
                          10/12 EXP. 681

                          Comment


                            #14
                            Originally posted by GettingGoing View Post
                            I actually called the CA (It was Bank of Americas in-house collection) and was told that my parents offered to pay the debt and were not forced to pay the debt and that bofa did not provide any account information to them. I then asked them how my parents knew the balance to pay if they were not given ANY information about my account and I was told that my father just threw out numbers until the CA agent said ok. My father says that story is totally false.
                            And since they really can't tell what they are calling about, how would your father have known it was even about a past due bill if something wasn't said? That's total BS. Have you talked to an attorney about it?
                            04/01/10 - Hit rock bottom and knew we were going to have to file for bankruptcy and surrender our home. 12/14/10 - Filed Chapter 7, 02/09/11 - 341 Hearing, 04/14/11 -

                            Comment


                              #15
                              Originally posted by ssmdem View Post
                              And since they really can't tell what they are calling about, how would your father have known it was even about a past due bill if something wasn't said? That's total BS. Have you talked to an attorney about it?
                              This happened close to a year ago. I filed pro se but I did tell an attorney that I met with prior to filing and she didn't seem to care or think it was a big deal.
                              -Filed Ch7 pro se 04/14/2010
                              -341 Meeting is 05/24/2010 (went uneventfully well)
                              -Report of No Distribution 6/4/2010
                              -Discharge 7/28/2010

                              Comment

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