a debt collector called my mom- PLEASE HELP

[95kindebt]

We had 2 accoutns charged off by B of A after our checking acocunt info was stolen, and we had to change the account number. I let them know, for the furture payments we had set up, but the dimwit on the other line didn't not the account rioght. So, they were charged off. When I called B of A they told me it wasn't their responsibility to call me and let me know the payment came back "account frozen" so they just wrote them off. Nice.

One June 4th they were assigned to collection agencies. 2 seperate ones. Well today I get a call and message on my cell and then a call from my mom stating the same guy called her trying to get information about our real phone number, and he told her "they put us down as a reference" then he asked for a phone number, and told her we need to call him TODAY about a debt we owe. Isn't this in the violation of fair credit act?

What should be my next recourse. I am not sure what to do. We are looking at filing BK, but we are about a month off, should i send a token payment? Please help a newbie out.
Thanks.

[Aaaaah!]

If you're thinking about filing bankruptcy especially if it's really that soon, I wouldn't pay anyone anything.

I completely empathize with your situation and especially the phone call to your mom. The same thing happened to me. Is it illegal? Probably. They're supposed to call third parties (like your mom) if they don't have current contact info for you. Unfortunately, unscrupulous collection agencies (and they're all unscrupulous) basically take this as a "I get one phone call to rattle their cages" pass. Don't get me started.

You could write a cease and desist letter to the collection agency that would stop all contact. However, what's likely is that the account will just be placed with another collection agency and the whole circus begins again.

If your bk is a month away, that's actually very soon and I would do nothing. They're trying to intimidate you -- welcome to the game. If you think it might be much longer than that, I would generally advise you to send out cease and desist letters until you can file.

[LuciluS]

Don't fret and don't send them any money IF you are going to file Bankruptcy.

It will take more than a month for any Company to being any type of proceedings. They are just trying to scare you and your Mom.

I stopped paying all but one of our CC late last Sept. The one CC I stopped paying in Dec. Retained Attorney in the same month and we haven't filed Bankruptcy, yet. Will be doing so in Sept. 09.

All of our CCs are in the hands of Debt Collectors or JDBs. I no longer answer the telephone as all of our CCs have our Attorney's information. Yes, I've received some forms letters, but nothing specific for Dh or myself. Praying no judgements are filed before then.

Have you retained an Attorney yet? If not, most of them will have Free Consultations.

Here is a Means test written by a member of this Forum, DebtStinks. Suggest you take the time to complete it as will help you with your Free Consults.

http://www.johnfire.com/meanstest/wizard.php

Luci

[95kindebt]

I am not sure if you are using the term "charged-off" to mean something else or if you are correct. If your two accounts charged off then that means you went six months with out making a payment on them. I find it hard to believe you had no idea and didn't receive any notice of the collections not to mention a ton of phone calls months before they "charged-off".

Then you say the payments came back because the account was "frozen" "so they just wrote them off". Honestly this makes no sense. Can you give more details on what you are trying to say.

You then go on to say they were assigned to two different collection agencies. Now I know from experience that BoA work accounts pretty hard before they send them off to collection. And you have to have either not provided them with a contact number and not responded or did not provide them with a address to send you mail at. They would have tried for awhile to contact you before the accounts went to collection.

To further my point of no contact info, they called your mom trying to get a home phone number for you. Apparently they do not have a good number to reach you at. It sounds as if this has been the case for some time now.

You then want to know about a violation of the FDCPA, but unless you know that is was a CA and no BoA calling for sure and unless you know that he did say what you claim for sure and he was with a CA then it is very difficult to make a case over this. Even if all the above are true it still is almost impossible to make a case out of one phone call by a CA to your mom where they tell them to have you call them today about a debt you owe.

I wouldn't make a payment just yet and definitely not a token payment, but when is the last time you talked to BoA?

You talk about filing BK, but yet we have no idea what your situation is. If this is your only debt then BK probably wouldn't make sense. Also you don't talk about what the debt is, how much, how much you owe or are behind. Is this your only creditor? Why are you behind? Do you have a way to pay this? What is your financial situation?

Those are some of the many things that play a role in deciding what should do. Maybe you should seek the advice of an attorney first.

I had been in contact with b of a and was on a "hardship" program with them. Paying ontime the last day of every month $430 on one account and $220 on the other account., it didn't bring the account "current" (meaning it stayed at the 180 day mark) until I hit 6 consecutive payments with them. I was on 4 months, when the checkbook was stolen, the account was frozen. I had been in contact with them monthly to set up the auto withdrawl. They were great at contacting me, when they knew they could get money from me, but when the check came back as account frozen, they DID NOT contact me via writing or phone call to tell me so, and allow me to make other arrangements. I just got a letter stating account has been charged off. Then when I called them the day I got the letter, all of this was brought to my attention, they were rude, and refused to deal with me.

they were sent to 2 dif. collection agencies since one was a mastercard for 15k and one a line of credit for 33k

we are 100k in unsecured debt, upside down in our home and our car, and looking to protect a few assets. There for we are looking at BK 13.

income is 98k a year

[thereshope]

I wouldn't pay them if you're planning on filing soon. You could pull your credit report to get their name and address and probably a phone number to advise them of your contact info and also use if you are planning on filing bk.

Calling relatives is a dirty game that they play, I'm learning that from experience, but don't let it get you down. As long as they can't contact you they will probably continue calling your mom.