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Two Years Post Discharge and Pinnacle Financial is trying to collect on bk debt!

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    Two Years Post Discharge and Pinnacle Financial is trying to collect on bk debt!

    I received a call Friday from Pinnacle Financial about a medical bill they said from Oct 08 for my son. I never received any bill for this and could not understand why I would get a bill, he has LACHIP which covers ER bills 100%. After a lot of digging and phone calls to the hospital I decided to look at my credit report. Guess what? I found a bill for the same amount they were calling about with the last payment listed as Oct 08. It is also listed as 0 balance, included in bankruptcy 2009. AND turned over for collections June 2011.

    So these dirtbags are trying to collect on bk debt now. And rabid dirtbags. These were some of the rudest calls I've experienced, and I've experienced quite a few.

    I googled Pinnacle Financial and found a complaint board about them. And bless whoever did it, but they listed the floor manager and his direct office line and cell phone, along with about six other executives of the company and their direct lines and cell phones. So I called him at his office line. He answered right away and I explained the reason for my call. He said he was sorry but I must have the wrong number. I said you are the floor manager for Pinnacle Financial are you not? He says yes I am. I said I need to speak to you because I need to make sure someone in charge is explaining to me the reason you are attempting to collect bk debt, so that when my lawyer contacts you about the FDCPA violations I have all the information I need.

    He immediately says I will put you on the no call list right now and will pull any information we have on your credit report off. I will list as included in BK and you won't hear from us again. Is there anything else I can do?

    I say yes, you can call your dogs in Jamaica off since they won't stop calling me. And please remember every phone call is another 1000.00. He says putting you on the no call list will stop that right away. Anything else I can do? I say yes, write me that check for the FDCPA violation right now so I don't have to involve my lawyer.
    Of course he declined that offer.

    When I asked him for his address to give to my lawyer, he starts giving it to me and says I'm talking really slow so you can write it down. I finished the address for him and he says, wow, you have alot of information. I said yes, I also have your cell phone number. He says WHAT? I said yes, and I also have these peoples direct lines and cell numbers, and started naming the other executives. He says ARE YOU KIDDING??? I said no, apparently there are alot of people on the internet who don't like your company's practices and have put this information out there for people to use. He was not happy. It's OK for them to have our info, but our having their info is unsettling to them.

    Here's my question. How can a debt clearly discharged in bk in 2009 be turned over for collections in June of 2011? Are they that desperate that they are willing to chance the risk of legal repercussions? And these people were some of the rudest I've ever spoken to. I don't understand this, I don't see why they would buy bk debt, what's the point?

    Anyone else experience this?

    #2
    They're scum - go get 'em!!!

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      #3
      It's a variation of the Spray and Pay... they hope you don't have a clue and will cough up something...We haven't had a "Pound Sand" in a while

      Actually, I hope for you that they continue to call, so that you can get a few of those 1K's. Remember the lawyer is going to take a huge chunk of that.... GO GET EM

      Keep On Smilin'

      Comment


        #4
        Wow! Thanks for posting this, LookingForward! I'm glad you did what you did. And glad that other people out there hunted down the phone and address information for these creeps and posted it on a forum. That really turns the tables on them.

        What they are doing violates not only the FDCPA but also the stay from the federal Bankruptcy Court. They obviously don't care, and merely consider it a risk worth taking if they can find anyone to voluntarily pay them. And notice how the ones who violate the law are usually they ones with the rudest collectors. They know what they are doing is illegal, so they won't be able to pursue the matter in the courts, so they resort to trying to scream down the debtor and hoping they will knuckle under and pay.

        Definitely take this up with a lawyer, especially if you have any recordings of the phone calls. It might be worth some money to you.
        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.

        Comment


          #5
          Originally posted by keepsmiling View Post
          It's a variation of the Spray and Pay... they hope you don't have a clue and will cough up something...We haven't had a "Pound Sand" in a while

          Actually, I hope for you that they continue to call, so that you can get a few of those 1K's. Remember the lawyer is going to take a huge chunk of that.... GO GET EM
          Here ya go!!

          ~~ Filed Over Median Income Chapter 7: 12/17/2010 ~~ 341 Held: 1/12/2011 ~~ Discharged: 03/16/2011 ~~
          Not an attorney - just an opinionated woman.

          Comment


            #6
            Just make note of the collection attempt, and notify the Trustee and your attorney. This is 1000 dollars of really low hanging fruit for any attorney. Enjoy the windfall.

            John
            Filed Chapter 13 pro se: 9/30/2008, 341 Meeting: 11/15/2008, Plan Approved: 1/6/2009, 100% of all claims paid: 10/19/2010. Trustee closed case: 11/5/10 DISCHARGED: 11/18/10

            Comment

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