refusing

[areck]

Just wonder what some of you, on here, who have so much more of a steel gut than I do, would do in this instance.

I try not to answer the phones. I have nothing to tell the CA's (no longer OC's calling, but CA's).

I have one particular CA that is calling (I assume that's who it is, haven't answered it, but I don't know anyone in area code 210). They call incessantly. I've yet to answer the phone. I've gone to Switchboard.com, and it's not listed.

However, I did at one time, answer the phone for a CA. And I plead my case to the CA, that I don't have it to give, that the best I could do was $35 monthly. That was apparently a smack in the face to the collection agent, that I would consider $35 monthly an option for such a large amount owed. I stood my ground.

She countered that no, they needed me to sign on for at least $150 monthly, and that was only after I agree to give them $600 up front. I scoffed. Not possible, not in any way shape or form.

We went round and round and round. Culminating in her saying to me "you do realize we can sue you, and you will not be able to claim BK on this debt". It's an unsecured debt. I now know better, she was calling my bluff. She then went on to say to me, that she was going to have to send it on to the legal department and mark me down for a [B]refusal to pay[B].

I responded that I was not "refusing" to pay her, I was refusing the terms she was mandating. She would not budge. "Ok, then I will mark the file that you refuse to pay and forward it on to our legal department".

What would some of you who are much more game with these folks than I am, what would you do?

[Faust]

Who is the creditor and when did you make your last payment? What amount do you owe?

[pcn]

I would ask them for their mailing address. That somehow seems to really irk them. I guess it's because they know that you ask because you are about to DV them. So far the DV letters seem to work quite well in settling them down. Of course, it could be because they are silently preparing to sue me...After getting the address, tell them that you haven't received any written notification from them. After they get cocky, ask them if the conversation is being recorded, as they mentioned at the beginning of the conversation. I then ask if they are aware that they must notify me in writing within 5 days of their first call, and if they are refusing to do so. It has been my experience that most don't like you to have any idea of your rights, and if you do they don't know how to respond.

[AngelinaCatHub]

That person was 'blowing smoke'. Do NOT pay anything to anyone if you are about to file. Once you make any payment, they will use it against you to bend up your bk. I would just lay the phone down, walk away and allow the person to beat their gums. 'Hub

[carol7lynn]

Rule of thumb. People who can't do anything threaten you. Threats are an attempt to make you feel insecure. Insecure people are easily manipulated. Take the Cats advise-don't pay them. You already caught the debt collector in a lie that should tell you a whole lot about the company she works for.

Hold out long enough and the offers get better. i just got off the phone with some guy at HSBC(an OC). Last Friday they were willing to cut my debt from $2,100 down to $1,000. Guess what? Today, the guy offered to cut it down to $855. I can't wait to see what they come back with next. It's like Deal or No Deal. I said, "Sorry, No Deal. Howie!" Everything is negotiable and if you talk with them and don't dodge their calls OCs at least seem to be willing to do just that.


C7L

[rrj]

We went round and round and round. Culminating in her saying to me "you do realize we can sue you, and you will not be able to claim BK on this debt". It's an unsecured debt. I now know better, she was calling my bluff. She then went on to say to me, that she was going to have to send it on to the legal department and mark me down for a [B]refusal to pay[B].

snipped by me

I had a ca tell me i could not file bk on it becouse it was not on my credit report

My lawyer said I could sue becouse they gave me legal advice without being an attorney

[areck]

refusing

Some of you folks have kahunas of steel.

Don't know why it is that there are some of us who quake in our boots when the phone rings, I'm one of em.

Not like they can reach thru the phone and physically harm ya. But still.......

I just don't answer it. Don't have the nerves of steel to play hardball with em.

I am tapped out to the max, already, paying several "other" creditors that I have agreed to "arrangements" with. There are several others that are now ringing the phone off the hook, and I have nothing to offer them.

I know where this is all headed, but maybe just reading up on all these posts, I'll get the resolve to go and file BK finally, one of these days. It's helping.

[LimpDisc]

I really liked having a little fun with CA's. Absolutely can't stand them and they would always know it by the time my call was over.

[debtprison]

Search the stickies for the "Debt Collector Handbook". This will show you that the conversation basically proceeded according to that handbook. Remember the CA are at work and are doing a job. More than likely a boss monitors them and they are supposed to proceed according to some tired checklist or script.

I first of all would not have picked up the phone. If I did I would have either hung up or said "Sorry, wrong number" once it was obvious who they were. I guess failing that I would have said "I have no money and do not discuss these matters over this medium anyway. Goodbye. <click>"

I would not even consider a payment plan or settlement unless it was in writing and without any "Weasel words". In fact unless it were a petty amount I would retain an attorney to look it over prior to agreeing.

Talking over the phone at all only encourages them to do it more and it more often than not will work out to their advantage.

[jwmc1]

Some of you folks have kahunas of steel.

Don't know why it is that there are some of us who quake in our boots when the phone rings, I'm one of em.

Not like they can reach thru the phone and physically harm ya. But still.......

I just don't answer it. Don't have the nerves of steel to play hardball with em.

I am tapped out to the max, already, paying several "other" creditors that I have agreed to "arrangements" with. There are several others that are now ringing the phone off the hook, and I have nothing to offer them.

I know where this is all headed, but maybe just reading up on all these posts, I'll get the resolve to go and file BK finally, one of these days. It's helping.

Beleve me you are not alone...some days I feel like I am being choked...it is not easy for anyone to go through this despite what you might see on here. I worry every time the phone rings or there is a knock at the door. One thing you need to know however, us that NO ONE can tell you that you are unable to exercise your constitutional right to file for bankruptcy.

I honestly hate these people...

[Bell30656]

These debt collectors require you to identify yourself to them and confirm you are who you say your are, right? When the next one calls go ahead and confirm everything for them. Then demand that they do the same. Tell them that before you will speak to them about any financial matter they must identify the correct name of the company, its address for service and prove to you that they have a legal right to pursue this matter.

They will sputter, protest and really tell you how you must speak with them. Again, remind them that they have your mailing address and you will only speak with them after they have confirmed who they are and that they have a right to pursue the matter.

If you are in a one party recording state when they say they will note it as a refusal to pay, tell them that you have recorded the call to ensure his/her compliance with Federal and Civil laws.

My bankruptcy is discharged now, so I don't get any calls from creditors, junk debt purchasers or collection agents. Sometimes I wish my phone would ring. I actually miss making the weasels get upset.

[sisterfunkhaus]

I never played games. I just didn't answer the phone. I had nothing to talk to them about and would have been wasting my time and theirs. There was nothing I could do for them or that they could do for me. I clearly ID'd myself and husband on our answering machine and just turned the ringer off. When I retained a lawyer, I called them all and gave them her number and the calls stopped.

[Bell30656]

Not answering the calls was not an option for me. I could not have calls going to my work, neighbors or others that the collectors would try to call if I didn't answer. So I always answered the calls and even forwarded the home number to my cell so I wouldn't miss any.

[Dst1]

What they do is prey upon your ignorance. I think that carol7lynn is exactly right. If they could sue you they would; they wouldn't threaten to sue you they'd just do it.

[Bell30656]

It's not so much a case of "IF" they can sue you but "WILL" they sue you. It costs to file and pursue a lawsuit. You account will be reviewed and they will analyze what they believe are the chances to recover some of the debt. When they are calling you on the phone they are trying to gather any information that can be used later.

There are JDB's that file their lawsuits in stacks at the courthouse. When they no longer believe that they are going to collect any other way, they file. Here is a local Georgia Court website: http://www.gwinnettcourts.com/#home/ Click on it and enter the name of your favorite Original Creditor or Junk Debt Buyer as the party to the case. You can check this where you live either online or at the courthouse.

As long as a creditor can still reach you, they will generally work the account for a while before suing. However, if they know you are working (credit report) and can't reach you or you've sent them a cease contact letter they have no option but sue you if they want to get their money. Telling them you are planning to file bankruptcy is a bad, bad plan.

Why? You ask. Because for one reason or another most can't file bankruptcy immediately. Maybe they don't have the lawyer money/filing fee saved up or are over the median income and are waiting for it to average out... Whatever the reason. Picture this scenario; Let's say, I'm a JDB and you tell me you are planning to file bankruptcy. I file a suit against you in your local court. You are served and don't bother to show up. I get a summary judgment relatively quickly. You don't care because you will be filing soon. However, before you get your money saved up to fork over to the lawyer, I seize your bank account and garnish your paycheck.

My advice (and I'm no lawyer but one who has been there) is to answer the phone but give them no information. Don't tell them where you work or even that you are working, don't give them any information. Simply tell them that at the present time you are unwilling to discuss the debt.