Capital One still sending letters.....

[sassiebaz]

Oddly enough, within the first few days after we filed chapter 13, I started getting calls from creditors that hadn't yet called. In fact, I don't know how any of them got my cell number, as it's on the Donotcall registry, and I haven't given it out. I thought maybe chrysler called all of my creditors and gave it out(((wink))) anyways, so I told everyone that called, I filed BK and gave them my attorney info. I have since recieved a few letters here and there. I just figured they were mailed before I called them. Well, Yesterday, I recieved three letters from Capital One. One was a gift card with "no strings attatched". The other two were letters about threatening to take legal action. These came after one letter last week that stated, "if your attorney doesn't contact us, we will assume you haven't filed bk and we will send your account to collections" or something of that nature. This is why Im baffled.....the letters that came yesterday are dated April 28th. The same day we filed. I feel like they purposely dated these letters with that date, as a way to seem unaware that we filed and have already told them. How on earth could these letters have reached me over two weeks after they were printed. On top of that, I recieved the letter as I mentioned before, about them not sure if I filed...blah blah blah. Yes, Im long winded...sorry! What do you think? Are they violating anything? Aslo, the CU keeps mailing me collection letters as well. I have saved all of these letters.....

[optimistic1]

thats interesting that capital one would do that, what were the balances and what was the last time you paid on them?

they are clearly violating the fdcpa, but I would say at this point it is hard to prove, so get a tape recorder and start recording them the next time they call. I really dont see any point in them doing it at all.

[frustrated7]

We had something similar happen to us. We had been receiving unbearable calls from creditors, with the phone ringing literally every couple of minutes until we finally turned our phones off. Once we filed Chapter 7, the calls stopped quickly. The automatic stay is such a relief. We could actually answer our phones without fear again. But then about a month later, we received two letters, one from HSBC Beneficial and the other from a collection agency for Wal-Mart, both the typical pay now or else crap. I called both people and firmly told them that I had filed for BK and they were in violation of the automatic stay and to not contact me again. Both tried to say they didn't know about the BK, but that is a load of crap because the calls from them stopped after I filed and they didn't just stop calling and harassing us out of the kindness of their (nonexistent) hearts. Since then we haven't heard a peep from any again. We let our attorney know about both letters and he just said that if they contact us again to let him know.

If you have already filed for BK, the automatic stay is in effect and they are not allowed to contact you. Give them your case number and that should force them to leave you alone. Before we filed we had creditors acting illegally towards us on a regular basis, but even they honored the automatic stay once we filed.

[BigJohn]

Check your credit report. 9 out of 10 the creditor who refuses to honor the stay does acknowledge in the creditor report the bankruptcy. I figure they think they can scare people into paying. Besides, who is going to stop them from this type of activity?

[justbroke]

Besides, who is going to stop them from this type of activity?

I am!!! I'm waiting for this very opportunity!

The first creditor to try this, was met with a harsh "cease and desist" order from me. They replied with a very apologetic letter.

I'm waiting for that one creditor who wants to play games with the Court. I'm well prepared to fight any creditor who violates the automatic stay. That's nothing more than contempt of court, and I welcome any creditor to try that with me! I know my Judge, and she hates creditors who play games with the Court! She loves to give actual and punitive damages. The last one I read, she gave the Chapter 13 debtors punitive damages of $1,000 for a stay violation which really didn't cost the debtor's anything. (Of course, also ordered the creditor to pay attorney fees.)

Come on... please! Someone try something stupid with me! I'm begging! I haven't been in Court in 5 months!

[dingdong]

Justbroke,

Remember that $5.00 I loaned you back in '06?


Pay me back now! Or else!


This is an attempt to collect a debt, any information received in the attempt to collect this debt may be used for collection purposes.

If we go to court, can we go to Disneyworld after?

[justbroke]

dingdong... that picture alone makes me laugh Then you go say that!

DisneyWorld... anytime! (Or, I get invited to the soiree with all the Inland Empire debtor's and I can help Albacore serve martinis and mai-tais and whatever else it is that you like.)

[dingdong]

You are more than welcome to come to the Albacore serviced So Cal party.

We can use all the boy toys we can get!


I prefer Margaritas. Martinis get me too ripped too fast. And maybe some Tapas. Can you cook?

[justbroke]

I prefer Margaritas. Martinis get me too ripped too fast. And maybe some Tapas. Can you cook?

Then Martinis it is.

(Can I cook? Does grilling count?)

[dingdong]

Then Martinis it is.

(Can I cook? Does grilling count?)

WHAT! Are you trying to get me drunk, Mr. Justbroke?

Perhaps you are trying to get me plastered, steal my identity, and take advantage of my 507 credit score?

Hmmmm, the plot thickens..

(Grilling is fine)

[dingdong]

i think we should hold a monthly contest for the lowest credit score...lol

Come on over to this thread and play along!

http://www.bkforum.com/showthread.php?t=38330

[dingdong]

ooh! ooh! Can I come? I grew up in the IE, does that count? I can cook, too

Hey, just having that screen name warrants an invite.

You're in!

[blankslate]

You bring the margaritas and I'll cook up some carne asada!