BofA says "you stole from us"

[jktrading]

Bank of America is an original creditor. Original creditors can do just about anything they want to do and the FDCPA does not apply to them.

As for me, I don't engage in conversations with creditors or collection agencies. I stay as low as I can from the big bad wolves.

If I woud speak out after being accused of stealing, I would say something like "Why did you file a police report? Now I won't be able to pay because I have to go to jail. How many years are you going to send me to jail for?"

It also depends what state you are in. California law for example applies to orginal creditors as well as collection agencies. I also do not speak with ANYONE regarding my past due accounts. Ringer off, call screening off, and caller ID on.

To everyone reading this, "Do not talk with these people!" Stay as far off the radar as possible.

[GoingDown]

It also depends what state you are in. California law for example applies to orginal creditors as well as collection agencies. I also do not speak with ANYONE regarding my past due accounts. Ringer off, call screening off, and caller ID on.

To everyone reading this, "Do not talk with these people!" Stay as far off the radar as possible.

Good advice that I learned the hard way.

[kornellred]

No creditor or third-party collector can say that a debtor "stole" money. Stealing is when you take something that does not belong to you without the owner's permission. That is a misdemeanor at best, and a felony at worst.
If a debtor obtains unsecured credit and accepts money and has absolutely no intention of paying it back, that is fraud. It is a crime. There is no way that a creditor can prove fraudulent intent when it comes to unsecured credit. The debtor was given the money based upon a promise to pay it back with interest. It is NOT a crime to break a promise.

However, there are certain behaviors that stand as irrefutable evidence of fraudulent intent in the eyes of the law, such as the transference of assets, hiding assets, reckless unnecessary spending, and such.

Bottom line, as far as I can see - it is a violation of the FDCPA if any creditor or collector accuses a debtor of anything. What they can and cannot do is clearly spelled out, and any deviation exposes them to penalties.

[lostinflorida]

It also depends what state you are in. California law for example applies to orginal creditors as well as collection agencies. I also do not speak with ANYONE regarding my past due accounts. Ringer off, call screening off, and caller ID on.

To everyone reading this, "Do not talk with these people!" Stay as far off the radar as possible.

Easier said than done....I tried not answering their calls and to my great horror and embarrasment, they called my neighbor and he walked over to my house with a representative of Citi Bank on his phone and told me that someone named Cindy was trying to get ahold of me. I took the phone from him and Cindy asked me to write down her number and call her back as she had personal business to discuss with me and was unable to reach me on my phone. I gave my neighbors phone back to him and called Cindy back on my phone. I asked her how she got my neighbors phone number and she replied "white pages". I told her i didn't think that was legal and she informed me that it absolutely was because I was not responding to her phone calls. I told her I was going to check with my lawyer and immediately after saying the word lawyer, her manager got on the line and started ripping into me. He was a horrible person who informed me that it was people like me that was causing our current economic crisis. I informed him that my husband and I have been out of work for many months now and that is why we are unable to pay to which he replied that he was sick and tired of hearing people blame all their problems on the economy....it went on and on and got very nasty and I finally told him that unless he had something important to tell me that our conversation was over. He said fine, he would make a note in the file that I refused to speak and that I hung up on him....

Is this common for creditors to call your neighbors if you do not take their phone calls?

[magyar123]

To your last question: Yes
If you are on good neighborly/friendly terms with your neighbors just ask them not to respond to questions asked by anyone about you/your family.