Did I say too much???

[nickifan]

Just got off phone with HSBC again...very nice gal. Picked it up while on another call so don't see who's on call waiting that way.

This is first card I didn't pay on due date of 12/21/09, and the third time now I have spoken to a rep. I tell them I am not working and cannot make credit card payments "at this time", that I'm sure "everyone can understand" that my first priority has to be keeping a roof on my head, the lights on, and groceries. They don't usually comment on that but I get it in anyway.

Today she asked me if I'm "getting unemployment." I said no, which is the truth. I did not "lose" a job here; I've never worked in TX. (Didn't offer that though.) She asked if I have any other income and I also said no, which is the truth.

Was that "too much information"??

It occurs to me now that not being on U/E likely means only two things: it has already run out, which might suggest that I've been out of work a long time (and charging under "fraudulent" circumstances); or I wasn't qualified for it because I either wasn't eligible or never worked at all -- which also could suggest charging under fraudulent circumstances of having NO income....

She said it was already noted that I had previously "been transferred to customer assistance" so she "couldn't send me there again." (?? That may be the time I hung up when I was on hold for said agent...but I didn't get into the details of not having spoken to anyone else.) I got off the phone by saying I had someone holding on my previous call, and asked for the number to call them "when my circumstances change." She did say they appreciate my business and hope my situation changes soon.

I KNOW I have to stop talking. They're all being quite nice so far so I hate to just end the conversation and hang up...but every time they learn another detail it's probably not good.

BTW, I passed on two "toll free number" calls last night at 8 p.m. and again at 8:53 (just under that 9 p.m. deadline.)

I also heard fronm a second CC this week, BofA. (have two cards; they only cited one of them.) Also very nice man who also hoped "my situation changes soon."

I'm guessing after another month or so they aren't going to be so nicely commiserating....? Also have been getting letters now from HSBC with urgency to call them about all this.

[DebtHater]

I don't think you said too much (this time). In the future just say you can't pay right now. If my situation changes I will call you. When they call you an hour later then you can say: "I'm sorry my situation hasn't changed in the last hour, I'll call you when it does" and hang up.

It's when they start asking specific financial questions that I would draw the line. There will likely be a time they try to get you on some hardship program that they will ask for specific income and expense questions. That is when you politely say I can't pay right now. Don't let their little comments intimidate you like when they will tell you that you are "refusing to pay".

Also, don't let their "niceness" convince you that they want to work with you. There is only one thing on their agenda. That is to collect debt. The "nice" man that hopes your "situation changes soon" probably hopes it does. So you will pay again. Every thing they say is scripted. Don't take it personally that they really "care".

One more word of warning. Don't take everything they tell you as 100% accurate. They will lie to you. Even though they "never lied" to me. They only gave me "wrong information" (or so I was told). The bottom line you need to know when they are lying. You will know they are lying because their mouth is moving.

[landofpoor]

If you will be filing bk there is no more reason to ever speak to them again

[ryan]

Nickifan, I answered pretty much like you did lately. ...except I'm self-employed so I let them know how bad business has gotten. I use the same language..."can't pay at the present time". They usually work me over gently about setting up a program so they don;t have to refer the case to the legal dept. (Chase said that the other day)

I'm 3 months behind with 4 big cards, so they are getting slightly more aggressive.
The other big goal they seem to have is to get me to make any small almost insignificant payment, because they want my bank acct numbers - Discover has been asking for that info in return for promising special deals.

...that is info they will NEVER get.

[DebtHater]

The other big goal they seem to have is to get me to make any small almost insignificant payment, because they want my bank acct numbers

Very good point! NEVER, EVER, EVER give a creditor your checking or savings info. As I stated, there primary goal is to collect money on the debt. If you give them electronic access to your accounts, they will empty them.

[GoingDown]

"I KNOW I have to stop talking. They're all being quite nice so far so I hate to just end the conversation and hang up...but every time they learn another detail it's probably not good."


Yes, please stop talking to them.

Where do debt collectors get most of their information about you? Your credit report, your credit application, and what you tell them on the telephone.

Send them a cease and desist communications letter to get them to stop calling you. It doesn't work on all the time with original creditors, but I have found that it works most of the time even on them. A large number of them voluntarily follow the FDCPA. If it doesn't work, then just start screening your calls with caller ID or your answering machine or voice mail.

But STOP TALKING TO THEM !

[Walter]

I am preparing the chapter 7 packet for my father, who started getting the calls a couple months ago...8:00am and every hour on the hour until the legal cutoff, weekends included. ;(

My mother gets pissed and starts talking up a storm on how they are trying blah blah blah.

They are screening calls now, but wondering if just being upfront and saying, "look, we are filing Chapter 7 within the month, so you are just wasting your time" would stop a few of them?

I have a letter drafted from them to cease the communication, but understand only works with collections and not the actual companies by law....

So any damage done just telling them we plan to file? or does that not matter to them and they'll continue to call until we do? ;)

[GoingDown]

I am preparing the chapter 7 packet for my father, who started getting the calls a couple months ago...8:00am and every hour on the hour until the legal cutoff, weekends included. ;(

My mother gets pissed and starts talking up a storm on how they are trying blah blah blah.

They are screening calls now, but wondering if just being upfront and saying, "look, we are filing Chapter 7 within the month, so you are just wasting your time" would stop a few of them?

I have a letter drafted from them to cease the communication, but understand only works with collections and not the actual companies by law....

So any damage done just telling them we plan to file? or does that not matter to them and they'll continue to call until we do? ;)

Send them the cease and desist letter. It will sometimes work on original creditors, from my experience. Some of them will voluntarily follow the FDCPA. It is worth a try at least. But no, talking to them on the phone and asking them to stop calling because you are filing bk will probably not work. The person talking to you on the phone doesn't care. When they get a letter in the mail, a more important person in their company will get the information and will sometimes stop the calls to you.

[ABC]

Very good point! NEVER, EVER, EVER give a creditor your checking or savings info. As I stated, there primary goal is to collect money on the debt. If you give them electronic access to your accounts, they will empty them.

Wouldn't they need a signed authorization to do an ACH withdrawal ?

[DebtHater]

Wouldn't they need a signed authorization to do an ACH withdrawal ?

While I don't know the specifics involved, the bottom line is no they don't need anything signed. You can call up any credit card company and pay by check over the phone at any time. All you need to do is give them the banking numbers and they take it.

The real question is when in arrears if it's legal for the creditor to take more than you give them permission to. But then again there are a lot of things banks do that are less than legal.