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CA's can't be very bright...

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    CA's can't be very bright...

    So, here I am...post discharge by a good 45 days and my phone has a message on it that "this is a call for Ms XXX....if this is not Ms. XXX please hang up...." Yep...we all know the recording...it's a Collection Agency and for once I'm happy to call them back.

    Okay...knuckleheads are an agency that has obviously swooped up some old medical debt that I had....which I know full well I claimed...the original creditor was sent notice and this particular CA was not on my bureau at the time of my filing. (If they had been, they would have been included on my matrix....I included the CA's on my matrix in addition to the original creditor if they were listed on my credit bureau.)

    So, I tell them "Well, you're a bit late here. My BK7 was discharged on March 5th... and the original debt was included."

    "You filed on March 5th?"
    "No. The BK was discharged on March 5th. It's closed and done."
    "We didn't know anything about this...."
    "Of course you didn't....you weren't listed on my bureau and I notified the original creditor. Considering that I pulled my bureau exactly 7 days before filing, I can safely summise that you purchased this debt probably at the beginning of the year.....my Bankruptcy had already been filed by then."
    "Who was your lawyer?"
    "I filed Pro Se on November 19th....the 341 was December 18th and it was closed and discharged March 5th. This original creditor for this debt was included and I consider this matter finished."
    "Do you know your case number?"
    "Sure. It's blah-blah-blah-blah."
    "We're going to have to see your bankruptcy filing to make sure this debt was included."
    "No, I think you're going to make a note in your files not to call me again....you're going to take your shark tactics somewhere else. I know how you people operate. You try to intimidate folks into paying money and that won't work with me. In fact, any further communication from your office will be considered harassment and may result in a lawsuit being filed."

    Can these people really be this friggin' dense? Actually, I think it's a further sign of the current economy...anything to get a buck.
    Last edited by NHC; 05-04-2010, 05:49 AM.

    #2
    The actual person you're dealing with on the phone: yes, they can be that dense. They probably have very little actual knowledge about what they are doing.

    The debt buyer itself? No. There are actually companies who buy debts after someone files. Probably for less than pennies on the dollar. Maybe they figure some cases get dismissed and/or converted to 13's, I don't know.

    They certainly should NOT be calling when you're so 'late' in the process. I could see a slight window of time. Say creditor sells debt on May 1st, you file on May 10th. Probably would not have yet heard from the debt buyer and they would not be listed in your petition so may innocently make a call, not knowing better. But the debt is still included. (And I'm guessing in that situation the debt buyer has a provision to get refunds on cases filed within 30 days of the purchase.)
    Get mortgage modified: DONE! 7 months of back interest payments amortized, payment reduced over $200/mo
    (In the 'planning' stage, to file ch. 13 if/when we have to.)

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      #3
      Some of them are just slime - they consider FDCPA violations lawsuits to be a cost of doing business. I'm actually hoping to get some of those phone calls now, it could be fun!

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        #4
        I want some of those calls. Hows come I never get any of those calls? You guys have all the fun. I'm so jealous.

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          #5
          I am about to cash in on one of those calls. Putting together my intent to sue to both the CA who repeatedly called my cell after the C/D and DV, and the OC who hired them. Maybe I can get rid of one of five defaults on my CR with a settlement which will be cheaper than the suit will be....
          First consult: You go now, no CH 7 for you. You spent entire buffet. 13 has a 95 percent payback. (Owwwch) On to next consult....

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            #6
            Send them a cease and desist letter and also the necessary bankruptcy info by certified mail, and then after that, if you do hear from them again, record the telephone calls, stating the date, time, and try to get as much info about them as possible-- the name of the debt collector, the name of the collection agency, the call back number, the extension number, etc., and then once you get a few recorded calls, make a CD copy of it, and send it to them along with a written demand for $1000 for violating the FDCPA. You'll probably never hear from them again after that. But if you still do, then file a lawsuit against them and make them pay.
            The world's simplest C & D Letter:
            "I demand that you cease and desist from any communication with me."
            Notice that I never actually mention or acknowledge the debt in my letter.

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              #7
              Originally posted by tigergem View Post
              I want some of those calls. Hows come I never get any of those calls? You guys have all the fun. I'm so jealous.

              Hows come? I love that way of talking. A lot of my relatives talk like that.
              The world's simplest C & D Letter:
              "I demand that you cease and desist from any communication with me."
              Notice that I never actually mention or acknowledge the debt in my letter.

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                #8
                Originally posted by GoingDown View Post
                Hows come? I love that way of talking. A lot of my relatives talk like that.
                Are you my long lost evil twin cousin?

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