BOA call tactics

[MomIcantFindmy]

I use my cell phone for all our calls. We do not have a home phone. So I receive about 12-15 calls a day from the same number. When I answer it they hang up. Finally I called back and it was BOA. We have no way of blocking numbers on our cell phone since Verizon does not offer this service. Now we are getting strange txt messages. This is costing me money each time they call and txt.

Unfortunatly we are unable to file till February so I guess I am stuck dealing with this until then.........uuggggggggg.

[magyar123]

Ask your cell phone co. to change your # - without announcing your new # when they call the # that B of A has on file.
As with landline phones - the recording should just say - "the number that you have dialed is no longer in service".

[yoyoma51]

Can't you also tell (or send a letter to) BoA to stop contacting you by phone regarding this matter? If you do that, they can only send you notices.

Someone please correct me if I'm wrong.

PLEASE NOTE: I am not a lawyer. Bankruptcy may or may not be a best scenario for you. It depends on your situation. You may assume my advice is totally useless. Talk to an experienced bankruptcy attorney (or three) in your jurisdiction for legal advice.

[FreshLikeADaisy]

Can't you also tell (or send a letter to) BoA to stop contacting you by phone regarding this matter? If you do that, they can only send you notices.

Someone please correct me if I'm wrong.

Nope, you're absolutely right, it's called a "cease & desist" letter, and you send it certified, return receipt requested. However, the FDCPA in large part only applies to third-party collection agents, so it may be that the original creditor can still call. But what the hey, you can send 'em one and see if it sticks.

If you search this forum for "cease and desist" you should find some sample text to use as well as pointers on when/how. in the meantime, you may want to go ahead and change the number.

Is it my imagination, or isn't there a provision that says collectors are not supposed to call cell numbers? It may not be in the FDCPA, but it's out there. I wish I could remember where I heard it; I'd go track it down for you.

[magyar123]

Nope, you're absolutely right, it's called a "cease & desist" letter, and you send it certified, return receipt requested. However, the FDCPA in large part only applies to third-party collection agents, so it may be that the original creditor can still call. But what the hey, you can send 'em one and see if it sticks.

If you search this forum for "cease and desist" you should find some sample text to use as well as pointers on when/how. in the meantime, you may want to go ahead and change the number.

Is it my imagination, or isn't there a provision that says collectors are not supposed to call cell numbers? It may not be in the FDCPA, but it's out there. I wish I could remember where I heard it; I'd go track it down for you.

Collectors and/or creditors don't know that the # they're calling is a cell # or landline #.

[Keebler]

Collectors and/or creditors don't know that the # they're calling is a cell # or landline #.

Hell, I've had some call me that didn't know what number they called to reach me!

The one called at work and I told them they are forbidden to call me at this number any longer. When they asked me for the number I told them I refused to give them any information they didn't have already. I asked them to read back the number they have on record and it was a cell phone number from another state from years ago.

I laughed at them as they read back numbers and I said "nope, not that one -- nope, not that one." Then I asked them how they thought they called me using an area code that was in a completely different state and they couldn't answer.

It was kind of funny because it happened twice so far and I pissed them off so bad that they hung up on me.

[chpxiii]

Hell, I've had some call me that didn't know what number they called to reach me!

What's most likely happening is your number is in the database. A computer then places the outbound call to the phone number they have for you. When the computer detects that a human has answered the call, the call is then transferred/switched to a live CSR rep who then reads their script and looks at whatever information they have on you on your computer screen. That information may be from a completely different database than the one that has your phone number.

[MomIcantFindmy]

I have been giving the creditors my attorney information. Hopefully it will slow down the calls.........

I am slightly worried that since we are not filing till February it will speed up a judgement on my husbands wages or place a lien on the only car we have paid for.

[FreshLikeADaisy]

I am slightly worried that since we are not filing till February it will speed up a judgement on my husbands wages or place a lien on the only car we have paid for.

Might, but it might not. You have wages and assets, which they surely do covet, but you also have an attorney that might actually give a damn about you and cost them more money than they have budgeted for your recovery efforts. So it could work either way.

[treehugger1]

The FDCPA act only refers to 3rd party collection agencies. Th eoriginal creditor does not have to abide by the validation of debt or cease and desist requests. If you live in a state such as I do (Oregon,) the law forbids an original creditor from contacting you at work more than "once per week" if you have told them contacting you at work is inappropriate. Some states do have their own "FDCPA" regs that also refer to original creditors, but in most cases, the federal FDCPA does not relate to original creditors.

In terms of cell phones, there is abundant informationm on how "anyone" can contact you via cell phone. The federal TCPA (telephone communicationms practices act) has nice lanuage associated with it. Google TCPA and do you own due diligence.

Another reference to debt relatde issues is to check out

debtorboards.com

There sems to be some knowledgeable folks over there.

TH

[wayne-o]

In addition, there is no such thing as a limited "cease and desist" (mail only) You can tell them not to contact you, but if you do its possible the next communication would be a summons.

[GoingDown]

In addition, there is no such thing as a limited "cease and desist" (mail only) You can tell them not to contact you, but if you do its possible the next communication would be a summons.

That is NOT TRUE.

I have dealt with MANY collection agencies, etc., by sending them a limited Cease and Desist letter, and in every case so far, they ALWAYS stop calling me on the phone, and a few of them continue to send me collection letters in the mail, which I don't mind at all.

So far, out of 15 creditors, only one of them (Captial One) has ever bothered to file a lawsuit against me, and it was over a lousy $300 credit card debt. They have not collected a single penny of it from me yet, and it has been years and years since then. I don't even hear from them at all anymore. I guess they figured it wasn't worth pursuing. But regardless, they will be included in my bankruptcy when I file.

[treehugger1]

WHile there may not be any formal law that suggests a limited cease&desist (mail only,) I have sent several demands limiting correspondence to US mail only. It is my personal experience that some of my creditors/collection agencies continue to send demands via mail. The calls did stop.

I have a few accounts in collections, ranging from $80 to $1000.00. These have stopped communicating altogether. I'm guessing that when one sends a cease&desist letter and also cites the relevant passage from the FDCPA in the letter, many collection firms move you to the bottom of the pile. They certainly want to pick on the less sophisticated consumer first.


Eventually, I have heard that collection agencies either send your debt back to the original creditor (if they don't own it,) or package their debts and sell to other junk debt buyers. Some of these JDB's are suffering under the current credit problems. If they are a publicly traded company, then their stock prices are probably dropping as the ability to collect decreases.

I've heard that CapOne rarely sells their debts but does hire assignees; maybe Allied Interstate, NCO, etc (who knows.) But if such companies are collecting on a debt that did not originate with them, then they generally must comply with the FDCPA; even law firms if a reasonable percentage of their business is debt collection activity.

As mentioned earlier, original creditors do not come under the FDCPA, however, many states do have laws limiting how much contact an original creditor can have with you.

[MomIcantFindmy]

Well guess what? They called me again this morning to set up a payment plan. I told them that during our last conversation (which they acknowledged)I had given them my attorney's phone number and they were free to contact him as we would be filing BK. She then told me that BOA would be calling as much as they liked until I call them with a case number. I told her,
#1 What a waist of your time since the answer will never change, it is idiocy to keep doing the same thing and expect a different result.
#2 As I am sure you are aware as soon as we file BOA will be notified through electronic means.
She then stated that she had not heard of that and when BOA calls me after I file I would then give my case number.
I said, "I would give you the benefit of the doubt the first time you call me after filing, however BOA needs to understand that if another call is placed to me after filing they are in violation of the automatic stay and I will go after them." Then I said, "furthermore I am instructing you that you may no longer reach me regarding this debt by telephone and I will only respond to written correspondence from BOA" She said she would continue to call me. It was getting heated at this time and she then placed me on hold. She came back with a new tone and attitude and said that she understood because she had filed BK but she had to give all her creditors her case number. I said I was sorry she had such a crappy lawyer (toung in cheek) She then said she would honor my request not to call however I needed to understand they would send this debt to another (I am assuming 3rd party) and I could face litigation. I said that I was sure she understood the process of litigation and since we are in the middle of December it would take a creditor quite sometime to get a motion filed, hearing, and judgement then finally garnishment and by that time I would have filed BK anyway. However, I told her she should do whatever is going to make her happy. She told me to have a nice day, I told her the same and we hung up. UUUUUGGGGGGGG!!!!!!! Maybe this is the end...........somehow I doubt it.

[chpxiii]

Okay. First of all.. they've heard all the stories.

I lost my job.
I'm disabled.
I can't pay you.
I'm filing bankruptcy.

etc. etc.

For a collection agent (even one at a creditor, not just collection agency) to hear this is almost like a teacher hearing from their student, "The dog ate my homework." They're not going to believe you because they've heard it all before.

Then in order to try to disarm you your story they've heard it all before, they retort back with how they've been through it all too and so they "know" and have the "experience" blah blah blah and then it's the same with the hard push of collections. Essentially trying to discredit you. Don't believe it.

My suggestion, since from reading this thread original creditors can still call you in efforts for collection, when BOA calls you and identifies themself as BOA, simply hang up. Don't engage them. They're going to be rude to you, don't consider hanging up on them as being rude. Remember, YOU are paying for YOUR phone and it is for YOUR convenience.

Then, once you DO have your case #, if BOA DOES call, give them your attorney's number AND give them the case number. This then puts them on alert (even though they will get a notice from the court), that you have, indeed, filed bankruptcy.

When I got calls they did NOT stop until I filed. Haverty's furniture called me ONCE after I had filed. They did not yet have it on record that I had filed. I told him I filed bankruptcy and in that exasperated "I've heard it all before" he rudely said that until they have a case number they'll continue to call. That was when I said, "Oh, I have a case number right here." I gave it to him, and they ceased calling.

Again, don't engage them. Simply hang up. Once you have the case number, they will then know and believe you're serious.