Confused in advance about OC phone calls

[nickifan]

I haven't even filed yet (or stopped paying any CCs yet) but getting phone calls all day is the thing I fear MOST....Really. (And I can't just quit my landline because my Internet DSL is tied to it. )

I see comments here about telling the callers "that it is inconvenient to have them call and to only contact (debtor) in writing." I'm utterly confused about this.

Does this apply to the Original Creditors? Can you really just tell them on the phone "stop calling me?" (!!) What exactly is the Debt Validation letter people refer to sending...but doesn't that apply only to the collection agencies and not the OCs?

I haven't really found a "step by step" approach on this subject of handling creditor calls here, so forgive me if it's been discussed ad infinitum.

Cliff Notes: I have open CCs with Chase, Bank of Am, Discover, HSBC, Target Visa, JCPenney MasterCard, Amex and a closed Citibank that I recently realized I am still paying off after 10 years!!!! Total CC debt is about $41K.
Also small amounts with Macy's and Kohl's, and a Wells Fargo Financial loan (about $430 balance left) that I may pay off to hopefully avoid trouble with my name on my _mother's Wells Fargo checking/savings account. (She is in a nursing home and I pay her bills; she is also legally blind.)

Which of the above CCs is the most likely to be the most constant, demanding caller? Just wondering. Also, possibly dumb question, but does it make any difference whatsoever if a card is a Visa or MasterCard?

Thanks so much. (P.S. I'm in Houston TX if that matters at all.)

[frogger]

All of them are going to call. And they're all going to call a lot.

I'm up to 30+ calls per day now. A simple solution for you:

Get an answering machine, and turn the ringer off. Check it once a day and delete. Also get you a prepaid cell and give the number to those that need to know.

I have yet to talk to a creditor and it's been 90+ days since they were last paid. The only way they're going to talk to me is if they come to my house. And then, they will be trespassing.........

[nickifan]

All of them are going to call. And they're all going to call a lot.

I'm up to 30+ calls per day now. A simple solution for you:

Get an answering machine, and turn the ringer off. Check it once a day and delete. Also get you a prepaid cell and give the number to those that need to know.

I have yet to talk to a creditor and it's been 90+ days since they were last paid. The only way they're going to talk to me is if they come to my house. And then, they will be trespassing.........

Wow...you're a strong dude (or dudette.) I have voicemail on my landline...good enough? Phone is set to go VM after 4 rings.
Now I have to figure out where the ringer is on my phone/fax machine!!

OT: Is there any special significance to your attorney date (assume this is not initial consult but day you took in all your filled-out paperwork?) and
the date you are filing? I'm still so puzzled on all the "timing" issues....
but that's another post!

But while I'm here ...assuming you had a four-page-plus list of household goods to show value on (2nd attorney consult gave me sheets), how did you come up with those figures??? Besides the phone calling, the next thing I fret about is being asked how I decided what a throw pillow (!!?) is worth? (And who's to say I just don't list half the crapola I have? Who comes to check my dresser drawers??) I am renting, and the stove, fridge, washer & dryer, built-in microwave are provided by prop management, so that stuff doesn't even go on the list, right?

So many stupid things that keep me up at 4 a.m.....

[frogger]

Wow...you're a strong dude (or dudette.)

Dude, not dudette.

OT: Is there any special significance to your attorney date (assume this is not initial consult but day you took in all your filled-out paperwork?) and
the date you are filing? I'm still so puzzled on all the "timing" issues....
but that's another post!

It actually was the initial consult, but I knew who I was going to use before I ever went to him. Price was and is not the object, because mine is rather complex.

Thanks to this forum, I had 99% of everything needed the day we went to see him. He told me that we could file that day if we wanted to. It was in my best interests however to wait until next month. I've got some money coming in around the 1st that I can exempt, and I don't have to worry about the means test, so just a couple of more weeks of planning.

I actually started planning in late January of this year, and set July 4th as my "point of no return". It was independence day in more than one way.

But while I'm here ...assuming you had a four-page-plus list of household goods to show value on (2nd attorney consult gave me sheets), how did you come up with those figures???

Didn't have to list anything. Was asked if we had any sporting goods, boats, atvs, or anything of any special value. If not, there was a standard exemption that he would use. He made the statement that many have made on here, that your personal stuff is not worth anything. We talked about several pieces of tools and equipment, and he said they were worth $5.00 - $10.00 each. He's in the real world.....

Besides the phone calling, the next thing I fret about is being asked how I decided what a throw pillow (!!?) is worth? (And who's to say I just don't list half the crapola I have? Who comes to check my dresser drawers??) I am renting, and the stove, fridge, washer & dryer, built-in microwave are provided by prop management, so that stuff doesn't even go on the list, right?

I don't think anyone's coming to look in your drawers. Just be reasonably honest.

So many stupid things that keep me up at 4 a.m.....

That's what whiskey is for........

[ready2puke]

I totally understand what your going thru as all of us do here

I cried all the time..I went to alot of attorneys and cried talking to them (those guys don't even have a box of kleenix on their desk).
I talked to one lady on the phone that really knew her stuff about BK, cc's, debt collectors, etc.. I think she used to be a debt consolidation consultant.

She told me what was going to happen and I thought I would pass out from fear. Really didn't think I would be able to do this and live thru it..

Well even tho I haven't filed yet, its been 13 months since I've paid on any cc's and I'm still around to talk about it. lol

I have never talked to any of them...The drag is I can't answer my work at my salon but hey thats life..and caller ID ...

You will make it, heck it I can and I'm the biggest weenie of them all..so can you. You actually grow a tougher skin daily... Its the the beginning that is so scarey.

I couldn't eat I couldn't sleep so much anxiety I thought I would have a heart attack... This forum has helped so much I can't even tell you..

Keep reading and realize your not along and we all will get thru this...
Honest.
Have a good holiday and don't forget to breath.....

[nickifan]

I cried all the time..I went to alot of attorneys and cried talking to them (those guys don't even have a box of kleenix on their desk).
I talked to one lady on the phone that really knew her stuff about BK, cc's, debt collectors, etc.. I think she used to be a debt consolidation consultant.


I've been to two attorneys so far and neither had Kleenex. Fortunately I am anal-retentive and had my own purse pack.


She told me what was going to happen and I thought I would pass out from fear. Really didn't think I would be able to do this and live thru it..
Well even tho I haven't filed yet, its been 13 months since I've paid on any cc's and I'm still around to talk about it. lol

Yikes...I'm hoping to keep everyone paid UNTIL I file, that's how fearful I am about it!

I have never talked to any of them...The drag is I can't answer my work at my salon but hey thats life..and caller ID ...

So how do your clients make appointments then???

You will make it, heck it I can and I'm the biggest weenie of them all..so can you. You actually grow a tougher skin daily... Its the the beginning that is so scarey.
I couldn't eat I couldn't sleep so much anxiety I thought I would have a heart attack... This forum has helped so much I can't even tell you..


Yes this forum is extremely helpful, and amazingly non-judgmental. I wish I had the problem of not being able to eat though.......I stand in front of the fridge on a half-hour basis. My drug of choice is Haagen-Daz.

Keep reading and realize your not along and we all will get thru this...
Honest.
Have a good holiday and don't forget to breath.....

Yours was a lovely post, readytopuke. Thank you. (And I never imagined I could write "lovely" and "readytopuke" in the same sentence....)

....

[carol7lynn]

I haven't even filed yet (or stopped paying any CCs yet) but getting phone calls all day is the thing I fear MOST....Really. (And I can't just quit my landline because my Internet DSL is tied to it. )

I see comments here about telling the callers "that it is inconvenient to have them call and to only contact (debtor) in writing." I'm utterly confused about this.

Does this apply to the Original Creditors? Can you really just tell them on the phone "stop calling me?" (!!) What exactly is the Debt Validation letter people refer to sending...but doesn't that apply only to the collection agencies and not the OCs?

I haven't really found a "step by step" approach on this subject of handling creditor calls here, so forgive me if it's been discussed ad infinitum.

Cliff Notes: I have open CCs with Chase, Bank of Am, Discover, HSBC, Target Visa, JCPenney MasterCard, Amex and a closed Citibank that I recently realized I am still paying off after 10 years!!!! Total CC debt is about $41K.
Also small amounts with Macy's and Kohl's, and a Wells Fargo Financial loan (about $430 balance left) that I may pay off to hopefully avoid trouble with my name on my _mother's Wells Fargo checking/savings account. (She is in a nursing home and I pay her bills; she is also legally blind.)

Which of the above CCs is the most likely to be the most constant, demanding caller? Just wondering. Also, possibly dumb question, but does it make any difference whatsoever if a card is a Visa or MasterCard?

Thanks so much. (P.S. I'm in Houston TX if that matters at all.)

I stopped paying in July and the calls started within three days. I have taken every call. What I say depends on the day and the person on the other end of the phone but I never commit to making any type of payment and it keeps the calls for each creditor down to 1 call every three days. I figure that's a small price to pay to be able to pay my mortgage and not have them call around town trying to find me.

Target and Macys are the worst-especially Macys. Target just sent mine to collections after only three months over $500. I just got a letter from the Debt Collector, Client Services the other day. I considered DVing and C&Ding Client Services but figured why bother I can take the heat. As long as I talk with them (they called yesterday for the first time weird call not much other than am I so and so) they have no excuse-again-to call around town. Yes, in some states you can DV and C&D the OC but again it could backfire. In my state I could have done that from the jump but decided not to and so far all I get is phone calls every three days. That I can live with.

Macys people are uneducated morons and extremely argumentative which can work in your favor if you like to give as good as you get-which I do. They usually end up hanging up on me which is a black mark against them. They keep telling me they're going to charge my account off but they have yet to do it.

The best OCs so far have been BoA and HSBC. I owe BofA $45K and even had my checking account with them before I decided to stop the credit merry-go-round and jump off. I drained and closed the checking account and called their hardship dept. before defaulting. I guess they figure they won't get a penny so why bother. They rarely call and are always considerate and play by the rules. HSBC started offering to settle for 55% of my debt after only two months and are now willing to take a 50% hit if I agree to a payment plan. I said no. I'm curious to see how much they are really willing to settle for.

Advice: I wouldn't ignore their (OC) calls. Just control the situation and don't let them rattle you. They work from a script and the best way to sand-bag them is to get them off script. Ask them how their doing. Where are they calling from. How's the weather. Stuff like that. I have also gone into long discussions about why the economy is the way it is and wear them out that way. Every minute you waste is a minute they are penalized for. Their calls are only supposed to last x number of minutes. They can get rated down if they go over the prescribed time without getting a payment. Anyway, my state extends the federal collection c&d and dv clauses to the OC but I figured, after much research, that I'd rather not antagonize them if I didn't have to. You need to check Texas laws to find out whether they do the same.

Personally, I'd take all calls but commit to nothing. Remember the caller is a nameless employee trying to make a buck. You racked up the debt so this is the price you have to pay to get out from under-i.e., taking their calls. Know your rights (both state and federal) and don't let them push you around and you'll do fine.

Case in Point: I had an AMEX collector argue with me that they could indeed tape our conversation without my consent-and she is dead wrong because in my (dual-party consent) state it is considered to be wire-tapping if I tell them I don't want to be recorded and they continue to do so. I told her that and said if she continued to tape me I would hang up and report them to my states' AG. They never called back.

Something I learned about taping conversations is that in 12 states it's illegal to tape someone without their consent (OC or not) and it's a criminal offense if they continue. Most will tell you they are recording you but some won't and they don't have to as long as they use a beeping sound to let you know they are taping you. In Texas they can tape you without your consent.

Good Luck
C7L

[treehugger1]

to the OP. It all depends upon your state. Some states have debt collection laws that include DV'ing and ceasing communications with the Original Creditor. States can have laws that increase consumer protection, but I don't think states can have laws that decrease the minimum protection on federal laws.

[ToughSpot]

I tried something new today. I took my first call from Chase on one of my CC's. I also have other accounts personal and business that I already talked to them about. I told the lady that I could not have a conversation on a recorded line. I told her I was more than happy to chat just not on a recorded line. She told me she could not stop the recording and was at a loss about what to do. So she told me they would call back in 45 days we wished each other a good day and hung up. I guess it was totally off script for her. Anyone else have an experience refusing to talk on a recorded line?

[OHBOY]

I tried something new today. I took my first call from Chase on one of my CC's. I also have other accounts personal and business that I already talked to them about. I told the lady that I could not have a conversation on a recorded line. I told her I was more than happy to chat just not on a recorded line. She told me she could not stop the recording and was at a loss about what to do. So she told me they would call back in 45 days we wished each other a good day and hung up. I guess it was totally off script for her. Anyone else have an experience refusing to talk on a recorded line?

My spouse answered the phone yesterday, Chase was on the line. She was told that the phone call was being recorded & monitored, and immediately told the caller that not only did she not consent to the recording and monitoring, but that our local Sheriffs department advised Senior citizens, because of increases in scam calls, not to talk to answer any unknown number.
Thereafter my wife told the caller that she already made a mistake picking up the phone by answering an unknown, and unpublished number... and with that hung up ...

She also answered some other calls (Sat. & Sun does not go against our cell minutes), and a couple of times she asked the callers in a naive tone of voice : " Are you from Publishers Clearing House ?" and... after the callers answered with 'No' she came out with a dissapointed " Ohhhh...." and told them that she would have to hang up as she expected a call from 'Publishers Clearin House' about their sweepstake......

[Faust]

My spouse answered the phone yesterday, Chase was on the line. She was told that the phone call was being recorded & monitored, and immediately told the caller that not only did she not consent to the recording and monitoring, but that our local Sheriffs department advised Senior citizens, because of increases in scam calls, not to talk to answer any unknown number.
Thereafter my wife told the caller that she already made a mistake picking up the phone by answering an unknown, and unpublished number... and with that hung up ...

She also answered some other calls (Sat. & Sun does not go against our cell minutes), and a couple of times she asked the callers in a naive tone of voice : " Are you from Publishers Clearing House ?" and... after the callers answered with 'No' she came out with a dissapointed " Ohhhh...." and told them that she would have to hang up as she expected a call from 'Publishers Clearin House' about their sweepstake......

[carol7lynn]

I tried something new today. I took my first call from Chase on one of my CC's. I also have other accounts personal and business that I already talked to them about. I told the lady that I could not have a conversation on a recorded line. I told her I was more than happy to chat just not on a recorded line. She told me she could not stop the recording and was at a loss about what to do. So she told me they would call back in 45 days we wished each other a good day and hung up. I guess it was totally off script for her. Anyone else have an experience refusing to talk on a recorded line?

I have and only one OC, AMEX, and one DC, Client Services, tried to argue the fact that in my state it was not considered a crime. I informed that I lived in a dual consent state and if they wanted me to file a complaint with the AG so go ahead and "make my day."

AMEX has yet to call back and Client Services is probably going to ignore what ever I say so I'm just going to C&D them. I just started getting calls from Client Services this week. They called four times yesterday. I told them it was illegal and they just laughed and told me, "I'm a bill collector as if the FDCPA doesn't apply to them.

The rest respond the same way as your OC. Huh? What? Okay then. Thanks for taking our call. Or, they say they are going to connect me to a supervisor or a secure line and then they put me on hold. As soon as they put me on hold I put them on hold (complete with muzak) and walk away. They eventually hang up.

C7L

[Bell30656]

When you don't answer the phone calls the collectors start to make "Attempt to Locate" calls. This is where they call:

• Your Work
• Neighbors
• Relatives
• People that happen to have the same last name

I live in a really small town and this was something that I did not want to be published in the weekly newspaper, spoken about at the barber/beauty shop or announced in the local churches. I can just hear the pastor now... "Let's pass the plate around again this time to help Bell30656 who has fallen on hard times and declared bankruptcy." I would have been mortified!

So not answering the calls was not an option for me. I even went as far as to forward all my home phone calls to my cell phone so that I NEVER missed a call. I would acknowledge/confirm that I was the party they were looking for, then I would tell them that I record all calls to insure compliance with federal and state civil/criminal laws. I didn't but they didn't need to know that. Then I would tell them that at this time I refuse to speak about the alleged debt. Now, that would get his/her gums flapping. Just remember you are in control of every conversation on the phone because you can hang up at any time.

[carol7lynn]

When you don't answer the phone calls the collectors start to make "Attempt to Locate" calls. This is where they call:

• Your Work
• Neighbors
• Relatives
• People that happen to have the same last name

I live in a really small town and this was something that I did not want to be published in the weekly newspaper, spoken about at the barber/beauty shop or announced in the local churches. I can just hear the pastor now... "Let's pass the plate around again this time to help Bell30656 who has fallen on hard times and declared bankruptcy." I would have been mortified!

So not answering the calls was not an option for me. I even went as far as to forward all my home phone calls to my cell phone so that I NEVER missed a call. I would acknowledge/confirm that I was the party they were looking for, then I would tell them that I record all calls to insure compliance with federal and state civil/criminal laws. I didn't but they didn't need to know that. Then I would tell them that at this time I refuse to speak about the alleged debt. Now, that would get his/her gums flapping. Just remember you are in control of every conversation on the phone because you can hang up at any time.

I feel the same way but I live in a large metropolitan area and all my relatives are either dead or live elsewhere. You are 100% right: The only reason they call around town, etc. is because you dodge their calls. I too answer them all. I used to answer all their questions but now (four months later), like you, I refuse to discuss it especially if they won't turn off the tape. I just tell them: "I'm unemployed and nothing has changed since the last time I spoke with them (probably 3 days ago). Please review the notes you (should) have on file. Have a good day! Anything else I can help you with? Okay then-Goodbye."

Last night I POd a supervisor from Kroger Financial Services because I wouldn't let the woman who called me record our conversation. He started yelling at me and accused me of giving them a hard time because I wouldn't let the other lady tape me. Who cares? I have rights. In my state a right not to be recorded by anyone for any reason. He was a worthy adversary (that's why he was probably made a supervisor) but no real match for me as I can argue with the best of them and he finally gave up and said, "It's been a pleasure." At one point he got so flustered he said I was a "customer service specialist" because I used a credit card. LOL What a tool.

C7L

[anykey]

I get calls for 3 people. The lady that once owned this house, the guy who once had this phone number- and now myself.


IMO- the callers seem to enjoy elevating my blood pressure- almost like- he did not pay make him worry and wreck his day.

If they try to call the neighbors- have fun- because chances are they owe something somewhere.


My friend made the mistake of sending in a payment of an old bill- well- the amount they agreed on- then was not enough. The kicker- is she triggered new rules on the debt be making said payment.

I noticed they like to call around 8am. Now being that they are supposed to not call after 9pm-8am- you can have your loved ones call off peak.

Do not be afraid to turn off the ringers.

For a while- I had friends ring once and then call me. This was of some use.

I will not buy caller ID. My bill is $7.19 a month. I want to keep it cheap.