Attempted Collection AFTER Chapter 7 Discharge

[Bell30656]

My case was discharged and closed last month. Today I get a call from First Premier Bank offering to give me an unsecured $1000 Visa or MasterCard line IF they can add my previous card debt ($512) against the line of credit.

When I reminded them that this debt was discharged and thus un-collectable they pointed out that on the back of the discharge it states that I may voluntarily pay any discharged debts that I wish and that she wasn't trying to collect a debt but rather help me live up to my commitments. When I told the agent that I wasn't interested she said, "Mr. Bell, a real man would live up to his obligations and pay his debts." At that point, I told her that I'd turn the recording of the call over to my lawyer for his opinion (I wasn't really recording but she didn't need to know that.). She totally freaked out screaming that she did not give me permission to record the call and that she'd sue me if I played it for anyone, etc., etc. I swear, I though she was going to have a stroke!

*Note* In Georgia it is completely legal to record any phone calls you wish as long as one party on the line knows the recording device is on. I have re-started the program on my computer that I use to record calls and hope she calls back.

[BigJohn]

I got a feeling we will see more of this type of activity.

[walkthaplank]

*Note* In Georgia it is completely legal to record any phone calls you wish as long as one party on the line knows the recording device is on. I have re-started the program on my computer that I use to record calls and hope she calls back.

There is also no expectation of privacy on those types of calls. I'm sure she did the quick mumble at the beginning saying that all calls can be monitored or recorded for "training purposes".

I'll have to break out the recorder. Never know when you can catch a dummy in the act.

[AngelinaCatHub]

Bell: SO PROUD OF YOU!!!! 'Hub

[optimistic1]

That is so funny, just keep playing with them, that would give me laughs for weeks.

[eddiep]

that is disgusting! I can't believe anyone would try that crap! I know you didn't actually record the call but you should still contact your lawyer. I don't know why that shocks and pisses me off so much but it does!

How do you record calls?

[spidge]

Bell30656, Do you have any info on the software you use for recording your phone conversations?

[BigJohn]

My case was discharged and closed last month. Today I get a call from First Premier Bank offering to give me an unsecured $1000 Visa or MasterCard line IF they can add my previous card debt ($512) against the line of credit.

When I reminded them that this debt was discharged and thus un-collectable they pointed out that on the back of the discharge it states that I may voluntarily pay any discharged debts that I wish and that she wasn't trying to collect a debt but rather help me live up to my commitments. When I told the agent that I wasn't interested she said, "Mr. Bell, a real man would live up to his obligations and pay his debts." At that point, I told her that I'd turn the recording of the call over to my lawyer for his opinion (I wasn't really recording but she didn't need to know that.). She totally freaked out screaming that she did not give me permission to record the call and that she'd sue me if I played it for anyone, etc., etc. I swear, I though she was going to have a stroke!

*Note* In Georgia it is completely legal to record any phone calls you wish as long as one party on the line knows the recording device is on. I have re-started the program on my computer that I use to record calls and hope she calls back.

Next time somebody calls, tell them you are recording and to put what she said in writing.

[Bell30656]

I use Call Corder made by Pingrim Software. I downloaded a copy years ago then paid something like $29 after the evaluation period. It has been worth it. A few recorded calls made my divorce one of the smoothest around. Of course, those calls would have been inadmissible in a courtroom but she didn't know that.

[WeOverSpent]

You should also give them your lawyers name and just state that they need to contact him/her because you don't owe them money.

[bk4sky]

LOL ummm..yeaaaahhh, she shouldn't have said that. I just found out yesterday that one of my creditors is still calling my parents house and my 341 is tomorrow!! So im going to have to get the number and cb and see what the deal is. Ive never heard that one before but i guess that's something new they are doing now about giving you more credit if they can add the old balance to your account to try and trap you. All i know is since i filed i actually got a pre-approved notice in the mail for a new CC....i was going to call them up for some fun but i said screw it i don't even wanna mess with it.

[Bell30656]

My lawyer isn't the sue them type... he's more the file the paperwork type. Of course, his fees were pretty low too.

I have told a debt collector that I had a new accountant, her name was Helen Waite. If they thought I owed them money, they could go to hell and wait for it. They were not amused but I was!

[treehugger1]

Just because you live in a one-party recording state does not necessarily imply you can record all calls, especially if the caller is calling you from a two-party recording state. You can do your own due diligence here. Be careful. The laws are not always as clear as you think.

[Bell30656]

Actually Treehugger, that is not correct. If I am receiving the call in the state of Georgia (a one party state), then Georgia's laws apply because that is where I am at that time. If the person is calling me from a two party permission state, then they cannot record me without my permission. I am not obligated to comply with their state's laws and/or codes.

When they call me, they assume the risks of knowing my state's laws.

If you live in a two party state then both parties must agree to be recorded. If you are in a one party state, you may record without the other parties consent or knowledge.

[BigJohn]

My lawyer isn't the sue them type... he's more the file the paperwork type. Of course, his fees were pretty low too.

I have told a debt collector that I had a new accountant, her name was Helen Waite. If they thought I owed them money, they could go to hell and wait for it. They were not amused but I was!

Gee, we might be neighbors! Hellen Waite is my accountant also!