Original creditor calls...what to say?

[nickifan]

I haven't stopped paying CCs yet but I'm just about at the point of ending all denial that I will have to.

I am still confused about what I can/should say to an "original creditor" credit-card holder vs. collection agency. I would likely not file Ch 7 later than end of March 2010 so it's the next few months that concern me...and probably nothing would go to a collections agency in that short a time, yes?
(I have only unsecured CC debt, about $41K. No home owned, no other assets except for car which appears to be covered under fed exemptions.)

If they actually get me on the phone: (e.g. after a few weeks' overdue for payment)
What exactly should I say?
I haven't retained an attorney yet...do I tip my hand that I am "planning" to file Bk?
Can I tell an ORIGINAL CREDITOR to stop calling me??
Once I confirm my name, and whatever script you suggest, can I hang up on them?
What's the bit about sending written correspondence only? Does that apply to OC's?

If I see Caller ID and decide not to pick up:
Make sure my voicemail has my full name?
Do I add my address?
Amything else?

I sure don't want to say anything about "if you're a collection caller" as I am unemployed and actively seeking work, so if a potential employer calls me at home I sure don't want that to be on the message!

My landline is bundled to my DSL/Internet so I can't just cancel it and only use a cellphone....

I guess the good news about not having a job is that they can't bug me at work!! But thinking positively that I do get a job soon...how would they find out that number at this point? It wouldn't have been on any credit apps...

One attorney I consulted told me not to bother getting an unlisted phone because they would be able to find it...think that's true??

I probably will have some charges on three or four CCs within 90 days, but they will be Kroger's, gasoline, maybe my health insurance premium. Generally speaking are these "justifiable"? One atty did say that "any" use of CCs within 90 days of filing is "presumed to be fraud", but if I absolutely had to use that card, then to send in the minimum payment as a "good faith" gesture. Think that sounds reasonable?

Finally, people keep mentioning about finding out about the laws in your state regarding what creditors/collectors can or can't do. I'm in Texas.
Where would I start looking online for this info?

Thanks so much.

P.S. If it matters at all, my CCs are: Chase Visa, Bank of America (two cards, one V, one MC), Target Visa, American Express, JCPenney MasterCard, HSBC MC, Citibank, Discover, then Mobil gas card, and I'll probably discharge Kohl's and perhaps QVC. The latter and one other card I think are GE Bank. Does it matter in any way at all if a card is a Visa or Mastercard?

[StartingOver08]

Texas is consumer friendly. Here is a good site that has links to the Texas Debt Collection law and other helpful sites and FAQ's. http://www.occc.state.tx.us/pages/co...n/DebtColl.htm

[nickifan]

Thanks, StartingOver. Appreciate the link. I've been told TX is very generous in state terms but 2 lawyers I consulted with think going with the federal exemptions is better for me. My former state (NY) did not allow them; but I won't be a Texas resident for two years until the end of March 2010 ...so there is a wait involved.

Anyone else care to weigh in on the "script" for future calls from the ORIGINAL creditors? I really am most worried about this aspect of the whole process...I want to print something out and hang it by the phone!

Thanks for all input!

[jdcat]

Just be honest. That's what I'm doing. I'm explaining why we can't pay, in your case a loss of income. I'll also add that I am aware of the seriousness of the situation and am actively trying to find a remedy though I don't give any details. This seem to satisfy them. I will not promise to pay anything or allow them to set up any hardship programs on my behalf. I will tell them that I will call them back by a certain date to give them an update on our situation. My first call back will be tomorrow. The update will simply be that our situation has not changed yet and we need more time.

They will offer all kinds of "deals" but just be adamant and keep explaining that you can't commit to paying anything because you don't have anything to pay with. They'll act like they didn't hear you and repeat the offer. I've been offered a deal where if I pay $17 that will be enough to keep my account from going to collections right away. I told them I didn't have $17. Don't commit to anything. Just stick to your guns.

We are filing in late March 2010 and I'm going to keep explaining and stalling in this way probably till the first of the year then begin ignoring their calls. I figure two to three months isn't enough time for any serious complications to arise. I hope!

[jdcat]

One more thing. After speaking with them, so far, the calls stop for a few days at a time and that really makes things more pleasant at home. The kids found it odd that I wasn't answering the phone so much when this first started happening. I told them it was someone who had the wrong number but the caller was convinced they did. I just didn't have the nerve to start answering yet. I've found that not answering just makes them call ten times more.

[anime-chicka]

I found that not giving them more info than they needed was plenty for me. Most times if they find out you are going to file, they'll write off the account and send it to a collection agency - Amex is notorious for this one, and I think they use NCO.

I just told them times were tough and that I had to pay the important bills and let the others slide. As soon as I can, I'll make a payment. I remember one conversation where I said this - before I started not answering the phone - and the collector wanted to know when it would get better. I told him "your guess is as good as mine - when the economy stops tanking?" I think he got it, as I never heard anything from the OC for about a month before a new person started calling and it was lather, rinse, repeat.

[nickifan]

Just be honest. That's what I'm doing. I'm explaining why we can't pay, in your case a loss of income. I'll also add that I am aware of the seriousness of the situation and am actively trying to find a remedy though I don't give any details. This seem to satisfy them. I will not promise to pay anything or allow them to set up any hardship programs on my behalf. I will tell them that I will call them back by a certain date to give them an update on our situation. My first call back will be tomorrow. The update will simply be that our situation has not changed yet and we need more time.

They will offer all kinds of "deals" but just be adamant and keep explaining that you can't commit to paying anything because you don't have anything to pay with. They'll act like they didn't hear you and repeat the offer. I've been offered a deal where if I pay $17 that will be enough to keep my account from going to collections right away. I told them I didn't have $17. Don't commit to anything. Just stick to your guns.

We are filing in late March 2010 and I'm going to keep explaining and stalling in this way probably till the first of the year then begin ignoring their calls. I figure two to three months isn't enough time for any serious complications to arise. I hope!

Thanks much, anime and jdcat. (The Nicki in my username is my cat .)

JDcat, may I ask why are you holding off until March? Trying not to charge cards or put more "distance" in? When did you stop paying? How soon did the calls begin? And what state are you in? I'd file tomorrow if I could, if only to stop calls immediately by saying, "I have filed BK and here's the contact info for my attorney!" But the conventional advice is NOT to tell them in the beginning that you're planning to file, right?

Anime, per the comment that Amex (CC I have) will upon learning of your BK plans then immediately send the account to collections...what is the practical consequence of that? That a DC agency will be much more obnoxious in calling constantly than the OC (Amex) would have been?

Anyway, jdcat, please post and report after your first callback! I wonder if they actually will wait for your call (I bet they think no one ever will), or they will call you back first for that "update"....

[jdcat]

We have four cats.

We are holding off till March for two reasons. We filed a previous bk and the eight year mark falls in March. Also we're waiting for our tax return to pay an attorney. We have some saved up for a retainer but need that return to pay the rest.

We actually stopped using our cards in October when we realized just how bad things were and we knew we could no longer pay on them. We did have some small charges on our cards for Halloween stuff and other small items in October but not enough to raise any red flags.

We missed our first payments in November and the first card due that month was Juniper. They began calling within days. Capital One was due the middle of November and hasn't called us yet . Chase was due the beginning of this month and began calling within days. We're in Indiana.

"I'd file tomorrow if I could, if only to stop calls immediately by saying, "I have filed BK and here's the contact info for my attorney!" But the conventional advice is NOT to tell them in the beginning that you're planning to file, right?"


Right. I think not telling them buys you more time before your account would get sent to collections and you then have to deal with some really nasty people. I plan on telling them after I retain an attorney in January (hopefully). After giving each of them my attorneys info I will not be answering the calls anymore. I'll have an attorney taking care of that for me.

I'll let you know how the call back goes.

[nickifan]

[QUOTE=jdcat;360920]We have four cats.
QUOTE]

I just have two, but they have expensive taste. Seriously though...it occurs to me, looking at the "household expenses" list from one of the consulted BK attorneys...would a trustee want to know why I was spending, say, $45-$50 a month on food for two cats?? The little darlings like the Elegant Medleys -- which is up to 89 cents per 3 oz. can! (Cheapest I can find is 75cents if I schlep to PetSmart.) Would someone say, hey, buy the generic store brand?? Truly, I can find "people" tuna for less... . They also get a premium quality dry food that's not cheap (Blue Buffalo Wilderness, if you care to know....)

Many thanks for your reply. You sound very "together." Could I hire you to answer my phone calls????

[jdcat]

Some cats have allergies and can only eat certain foods. *wink*

Damn, Blue Buffalo! That's good food though! And supports your story about your cats allergies, lol! The better brands of food don't contain most of the stuff that cats are allergic to.

[flyinbroke]

My kitties eat Innova dry and Wellness or Blue Buffalo wet foods; they too have expensive tastes. However would rather spend on them than on some CEO's $20M penthouse and his kid's Ferrari for her "Super Spoiled Little Shit Sweet 16 Party".

[jdcat]

Innova and Wellness are excellent foods and very pricey when compared to Cat Chow, but Cat Chow is the worst thing to feed a cat. Cat's aren't herbivores and Cat Chow is about 70% corn. Not only does the cheaper stuff have zero nutritional value but also corn isn't digestible so it goes straight through them. Then the cat gets hungrier sooner and the Cat Chow is gone before you know it. The higher priced better quality foods are made with ingredients that cats need and the cats bodies actually digest those ingredients so there is less mess in the litter box and the cat stays fuller longer. So a bag of the higher quality food actually lasts longer than an even bigger bag of the cheap stuff. You pay more but your cat is healthy and that's what matters.

I feed my cats and dogs NutriSource, a little pricey, but it's so much better for them than Cat Chow or Kibble's N Bits.

[forgotten]

2 lawyers I consulted with think going with the federal exemptions is better for me. My former state (NY) did not allow them; but I won't be a Texas resident for two years until the end of March 2010 ...so there is a wait involved.

You can file using the federal exemptions after you have lived there 91 days. The two year wait is for using your new states exemptions.

[nickifan]

You can file using the federal exemptions after you have lived there 91 days. The two year wait is for using your new states exemptions.

Now why didn't any of three attorneys come right out and SAY that???

Do you have a web source for this? I have not seen that "91-day" reference anywhere, and I've done a great deal of research....

Thanks for your reply.

[forgotten]