And the first call has come....how'd I do?

[nickifan]

My HSBC card missed payment was due 12/21. Heard nothing -- even received the next statement noting that the account was past due plus the late fee.

Until today...Caller ID said "toll free number." Decided to pick it up.
A young woman (turned out to be in Manila, I asked her later in call) verified last four numbers of my card and that account was overdue. She verified my cellphone number because she had been unable to reach me on it. (I had it turned off in a movie yesterday.) She wanted to know if I could make at least the overdue payment today. I said no. (I owe them $5700; min. pymt I missed was $112.)

I told her I am looking for work ... chatted that I took the Census test and hope to be called for work, but right now I am not working and cannot pay. She asked then about my ability to make a "partial" payment -- I asked if they would take a PARTIAL payment? (My understanding was anything less than minimum is not acceptable, but I did not say that.)

She didn't answer the question but asked if I COULD make a payment? I said not at this time...I think there was some other stuff but she said since I was telling her I cannot pay she wanted to transfer me to a supervisor. I started telling her that no, I did not wish to be transferred, I had nothing more to say at this time but found myself hearing the "all agents are busy" recording.

So I just hung up. I did not get an immediate callback, but I guess it will be coming.

For my future reference, once I do tell them they've reached the right person and politely say I cannot pay them "at this time", if I don't want to keep chatting (and I know I probably already said too much on this first call!)is it OKAY TO HANG UP?

By the way, the HSBC statement lists this number to call to arrange payment:
800 724 4967... but as I say, the caller ID on this call was "toll free number."

What else should I be saying/asking? Ask for their full name and address? Again, this is the original creditor.

Thanks for all support...I am dreading the barrage to come. I am hoping to find work before I file Ch 7 but it may not be possible to keep waiting. I am literally making a list of possible friends I mighty ask for loans to keep rent and such paid and/or retainer for attorney. I am down to my last $1300 in CU checking.... this is so depressing....

[AngelinaCatHub]

You did good for your first time. She was gentle.

You are correct not to say too much. These calls are all recorded (for training purposes, LOL) You may even get counterfeit calls that by your own words turn into a real debt. It happens.

Good for you though on your "first time". 'Hub

[nickifan]

Thanks, Hub. It is small comfort to know that I will get better at it thru practice. She did also say that "everything would be noted."

Is it okay to hang up on them though? I don't want it "noted" that I'm adversarial, per se.

Oh...I wondered if I should have pointed out to her that I have not USED the card in nearly a year?? Or is that getting into trouble...like even a year ago I doubted my "ability to repay" ... i.e. fraud?

Keep mouf shut??

Also...slightly OT... took a very quick look at that Collectors Manual pdf on Bankruptcy calls in a sticky link... there is this sentence by the author: (p. 113 of pdf if you care)

'In a Chapter 7 no-asset case, an unsecured debt is discharged regardless of whether or not the debt was included on the debtor's schedule."

Is that right?? Just curious...I assume the attorney makes sure to include everyone precisely so no one got left out and could challenge a discharge?

[AngelinaCatHub]

Thanks, Hub. It is small comfort to know that I will get better at it thru practice. She did also say that "everything would be noted."

Is it okay to hang up on them though? I don't want it "noted" that I'm adversarial, per se.

Oh...I wondered if I should have pointed out to her that I have not USED the card in nearly a year?? Or is that getting into trouble...like even a year ago I doubted my "ability to repay" ... i.e. fraud?

Keep mouf shut?? Yes.

Also...slightly OT... took a very quick look at that Collectors Manual pdf on Bankruptcy calls in a sticky link... there is this sentence by the author: (p. 113 of pdf if you care) I shall.

'In a Chapter 7 no-asset case, an unsecured debt is discharged regardless of whether or not the debt was included on the debtor's schedule." This is true in most cases. It is best to list all, but a fine line still in dispute. For the most part, the Court wishes you a new start and will not dispute an unlisted case.

Is that right?? Just curious...I assume the attorney makes sure to include everyone precisely so no one got left out and could challenge a discharge? It is iron clad to list all.

I got a letter of intent to sue from a year old telephone bill of $500. I simply sent the letter back with a copy of my discharge. Haven't heard a thing since. For such a small amount they would not waste their time anyway. 'Hub

[lrprn]

Is it okay to hang up on them though? I don't want it "noted" that I'm adversarial, per se.

It is absolutely ok to just quietly hand up on creditors. Who cares if you are noted as "adversarial"? Do you think it's ok when *they* are "adversarial"?

Keep mouf shut??

Yes. There is nothing you can say they will accept except "I'm sending you a payment." You are thinking of collectors like you are talking to a friend. They are not your friend. Their sole job is get money out of you, period.

Most lawyers will tell you that it's best to simply identify yourself, state you cannot give them a payment, and then quietly hang up, even if they are in mid-sentence.

'In a Chapter 7 no-asset case, an unsecured debt is discharged regardless of whether or not the debt was included on the debtor's schedule." Is that right?? Just curious...I assume the attorney makes sure to include everyone precisely so no one got left out and could challenge a discharge?

This is true in *MOST* bankruptcy courts. A few will insist the original Ch 7 filing be modified to include the creditor that was left out. An experienced bk attorney can tell you whether your local court is one of the rare ones that expects a filing to be modified to add a forgotten creditor to ensure that debt is indeed discharged.

It's far better to do your very best to provide every single creditor you have to your lawyer for your Ch 7 bk forms so that none are left off when you file. Then there's no doubt every debt is discharged

[OHBOY]

Please, do allow me to point out that it does not matter if anybody hangs up 'quietly' or with a 'bang'... EITHER WAY, IT JUST COMES THROUGH AS A 'CLICK'........

[DebtHater]

The only thing I might have done differently is not give my cell phone when they wanted to verify it. I would have told them I canceled my cell phone. One less way to be harassed.

[nickifan]

The only thing I might have done differently is not give my cell phone when they wanted to verify it. I would have told them I canceled my cell phone. One less way to be harassed.

Yeah, I thought that EXACT thing afterward! Especially now that they know I am the "right" person because the landline is verified. What a dummy. I was just trying to be "helpful" and make sure they knew they'd reached me. I'll just have to remember not to answer "toll free number" on my cell.

I think I will tell the next CC callers I don't have the cell phone, even though I do. I guess if they ever still call on it I can say I reinstated it....

[jribe]

you did fine! After that- i wouldn't even say you need to take the other calls. It doesn't generally stop them from calling any less by answering.

But each time, just say you cannot pay anything today/right now - then hang up.

No conversation is necessary. We don't need to give small chat to the creditors

My HSBC card missed payment was due 12/21. Heard nothing -- even received the next statement noting that the account was past due plus the late fee.

Until today...Caller ID said "toll free number." Decided to pick it up.
A young woman (turned out to be in Manila, I asked her later in call) verified last four numbers of my card and that account was overdue. She verified my cellphone number because she had been unable to reach me on it. (I had it turned off in a movie yesterday.) She wanted to know if I could make at least the overdue payment today. I said no. (I owe them $5700; min. pymt I missed was $112.)

I told her I am looking for work ... chatted that I took the Census test and hope to be called for work, but right now I am not working and cannot pay. She asked then about my ability to make a "partial" payment -- I asked if they would take a PARTIAL payment? (My understanding was anything less than minimum is not acceptable, but I did not say that.)

She didn't answer the question but asked if I COULD make a payment? I said not at this time...I think there was some other stuff but she said since I was telling her I cannot pay she wanted to transfer me to a supervisor. I started telling her that no, I did not wish to be transferred, I had nothing more to say at this time but found myself hearing the "all agents are busy" recording.

So I just hung up. I did not get an immediate callback, but I guess it will be coming.

For my future reference, once I do tell them they've reached the right person and politely say I cannot pay them "at this time", if I don't want to keep chatting (and I know I probably already said too much on this first call!)is it OKAY TO HANG UP?

By the way, the HSBC statement lists this number to call to arrange payment:
800 724 4967... but as I say, the caller ID on this call was "toll free number."

What else should I be saying/asking? Ask for their full name and address? Again, this is the original creditor.

Thanks for all support...I am dreading the barrage to come. I am hoping to find work before I file Ch 7 but it may not be possible to keep waiting. I am literally making a list of possible friends I mighty ask for loans to keep rent and such paid and/or retainer for attorney. I am down to my last $1300 in CU checking.... this is so depressing....

[jribe]

this is correct- the creditor has the ability to know you've filed (by checking your credit report) so even if they are left off- they would be included.

I left an old account off by mistake, and ammended my schedules, just in case. But its not necessary.

Also...slightly OT... took a very quick look at that Collectors Manual pdf on Bankruptcy calls in a sticky link... there is this sentence by the author: (p. 113 of pdf if you care)

'In a Chapter 7 no-asset case, an unsecured debt is discharged regardless of whether or not the debt was included on the debtor's schedule."

Is that right?? Just curious...I assume the attorney makes sure to include everyone precisely so no one got left out and could challenge a discharge?

[nickifan]

So now I'm dreaming about it too

I actually had a DREAM last night about a collection call! It was the lady from HSBC following up... So far I've only had that one described above. However, there was a "toll free number" call I did not pick up yesterday...probably them again.

I know more calls are coming as the missed-due-dates increase...can't imagine what the nightmares are going to be like then!

[mama2three]

'In a Chapter 7 no-asset case, an unsecured debt is discharged regardless of whether or not the debt was included on the debtor's schedule."

Is that right?? Just curious...I assume the attorney makes sure to include everyone precisely so no one got left out and could challenge a discharge?

In Nevada, the USBK website specifically says that if a debt is not listed, it is not considered discharged. It think is district specific on how unlisted creditors are handled.

[Stilltheone]

HA! I gotta give you credit...at least you ANSWERED the phone. Once we hired our attorney, we unplugged our phone and didn't plug it back in until we officially filed.

[catleg]

HSBC is one of these creditors who tries to get you to "apply" for a hardship program, then afterwards you find out that you didn't qualify for whatever reason, meanwhile they've hustled a payment out of you. Very annoying.

[flyinbroke]

HSBC is one of these creditors who tries to get you to "apply" for a hardship program, then afterwards you find out that you didn't qualify for whatever reason, meanwhile they've hustled a payment out of you. Very annoying.

Bank of America tried to get me to do that. I told them I need it in writing before I am willing to proceed. They told me they need money first. I said "you need money to put your program in print?" Yes. I said I cannot do business that way at this juncture and while they need a good faith payment, I need a good faith contract in writing. Of course we hit an impasse because they will NEVER commit to anything.

GE offered up a good deal but they never sent me anything in writing so I never called them back. On the occasion I answer their calls, apparently someone else got on the hook because it hangs up on me.