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    Have a few questions

    Good Day folks,

    We stopped paying CCs 2/15/10. We are planning on filing for BK around August when we will be under the 6 month income look back to qualify for Chap 7.

    After reading for the last week or so I am confused with the conflicting information. Should be talk to the OC or not? I know if we do, Tell them we are who we are and we are attempting to make payments. Then hang up nicely. Or do we just ignore them?

    Also when they go to collection agency's when do we send DV and or CD?

    And does anyone have a link for a uniform DV letter or CD letter?

    Thanks in advance.
    Stop paying CCs 2/15/10
    Retained Attorney 5/19/10.

    #2
    I generally always speak to everyone. If you can't make payments, then tell the OC that. Tell them you don't know when you will be able to make a payment. Tell them you do not share any financial or personal information over the phone.

    When accounts go to collections, I simply identified who I was and requested they send me written information. I also mentioned the FDCPA and the requirement that they notify me in writing within 5 days after initial contact.
    Once I get the dunning letter, I send them the DV request.

    Some folks say never speak with CA's. I never had a problem speaking with them. I also never had a problem hanging up the phone on them when they became/become beligerent.

    On occasion, I have flat-out said that I refuse to pay any money to them (the caller.)

    to each their own.

    Comment


      #3
      The reason it seems confusing is because there is no generally agreed upon answer to the talk or not question. Treehugger1 is correct, "to each his own". It is a highly subjective judgment.

      I've never spoken on the phone to a creditor, ever. I'm alive, not dead, have yet to be sued. The sky hasn't fallen in.
      So the poor debtor, seeing naught around him
      Yet feels the narrow limits that impound him
      Grieves at his debt and studies to evade it
      And finds at last he might as well have paid it.

      Comment


        #4
        Originally posted by Dst1 View Post
        I've never spoken on the phone to a creditor, ever. I'm alive, not dead, have yet to be sued. The sky hasn't fallen in.
        Ditto for me - and it's been over five years since I stopped paying my CC's.

        If you can't pay - ever - there is not much reason to speak to a bill collector. The only fallout in five years was a single note on my front door from a neighbor, who said this person phoned him and she wants me to call her about an important business matter. I threw the note away. Hell, I don't even know my neighbor, nor does he know me. We are both hermits.
        “When fascism comes to America, it’ll be wrapped in a flag and carrying a cross” — Sinclair Lewis

        Comment

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