Chase keeps calling after filing and they know i filed bk because they pulled my experian credit report in mid november and my filing date was there..what can i do..they call me like 3 times per day. Can i sue them for this?
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Chase keeps calling after filing and they know i filed
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If you have recently filed it won't appear on a credit report pulled by anyone other than you. Chase may pull from any of the three bureaus and your filing is most likely not on all the reports yet. To stop the calls when they call next, pick up the phone and speak to them.
You say "Hello Mary from Chase, I have retained the firm of Dewey, Cheatum and Howe to handle this matter for me. They are member of the <insert state> Bar Association. My attorney has advised me to get the correct name of any company, its registered agent and address for service of anyone stupid enough to continue calling. I have and will continue to record all calls to this telephone number to aid in collection of civil remedies in federal and state courts. Was there anything else you wished to say, Mary?" (Be sure your state allows recording without permission)
The calls will cease quickly. Now, you may get a couple that demand to know if you have filed bankruptcy, what court, what is the case number, etc. Isn't that why you pay an attorney? Oh, if you filed pro se then you need to give them the bankruptcy case number and date of filing.
Can you sue them? Hell, you can sue God because the sun doesn't come up early enough tomorrow morning but will you win more than it costs you? Probably not.
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Has Chase received a copy of the bankruptcy from the court because of your matrix? Just because something appears on the credit report when you see it, doesn't mean that it appears to everyone that pulls your report. In addition, was Chase doing a routine soft pull to see if they wanted to extend credit? Can you prove it was Chase collections that pulled the report and more importantly that they saw that you had filed bankruptcy but kept calling?
I don't think Chase collections would still be hounding you if they had credible information that you had filed bankruptcy. So simply answer the phone and tell them who your attorney is.
It doesn't matter if it is a violation. The fact is until you, your lawyer or the court mails them something with a case number on it, they do not know for sure that you have indeed filed bankruptcy. Have you spoken with the collection agents from Chase?
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Originally posted by Bell30656 View PostHas Chase received a copy of the bankruptcy from the court because of your matrix? Just because something appears on the credit report when you see it, doesn't mean that it appears to everyone that pulls your report. In addition, was Chase doing a routine soft pull to see if they wanted to extend credit? Can you prove it was Chase collections that pulled the report and more importantly that they saw that you had filed bankruptcy but kept calling?
I don't think Chase collections would still be hounding you if they had credible information that you had filed bankruptcy. So simply answer the phone and tell them who your attorney is.
It doesn't matter if it is a violation. The fact is until you, your lawyer or the court mails them something with a case number on it, they do not know for sure that you have indeed filed bankruptcy. Have you spoken with the collection agents from Chase?
I called and asked them why and there response, we were doing a skip trace on you, I said i have never ignored your calls and i live in the same place
they said something about some kind of law they could not call the lawyer the lawyer had to call them.
they called another creditor on my credit report and had them fax the bankruptcy papers, they are on my matrix dont know why they didnt get a letterfiled chapter 7 Nov 17, 2009
341 meeting Dec 21
dec 22 no funds no asset
Objections for Discharge due by 02/19/2010
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