Should I call the creditors back?

[lclounge]

Amex

American Express has actually been the worst - and I thought they would be the best. I heard horrible things about Advanta, and they've actually been pretty good.

I think difference may be in who the initial creditor is, and who in turn, they sell the collection to. All of our cards are major: discover, bank of america, american express, advanta. They keep everything in house for several months, which means the people calling actually work for discover and have rules and guidelines to follow. A retail card or local lender may be quicker to send the bill to collections, and may use sub-par collection agencies who will do anything to get money for their clients in order to continue to earn their business. I don't know for sure...

American Express is the only one who sent our file out for collections almost immediately. They were brutal at first (think it was nationwide?) but once they got the idea that we're not paying anything until we talk to a lawyer they've backed off. They do call it the "pre-legal", but I know they can't do anything to us for a few more months.

Good luck!

[ApresMoi]

My three cards have aged just past 60 days, and for the first several weeks I answered the phone or made call backs to explain the situation -- like many, I got caught by a gap in unemployment checiks. With one exception (from FIA Card Services) all of the customer service reps have been nice. However, I do regret a few things I said. As you know, most of these conversations are recorded. In talking to one young man, I mentioned that I had previously held a 'high paying' job, that I wasn't worried about card debt at the time of my layoff, as I expected to find another job. We all know what happened to the job market. I never found another job and became one of the long-term unemployed. I later learned that he had noted down EVERYTHING I had said (another CSR told me). Why might they be interested in someone who previously held a high paying job? Wage garnishment, of course. So please be careful if you do speak to these people. They aren't just 'talking' to you. They are trying to get you to say something that will help them in a lawsuit or garnishment. Another suspect conversation occurred with American Express. I had returned their call, just to be polite, and what I thought would be a short conversation turned into a long one. I was looking into their hardship program and wanted to get more detail so as to be able to decide whether to go that route or file for bankruptcy. He first said he could not drop teh 'bring the account current' as a requirement to get in the program. Then later he reduced the amount he would have to have upfront. I began to realize that what they tell you at first is not the truth. They are just trying to get as much out of you as possible before telling you you qualify for the hardship program. I wrote down the details and told him I was out of time and had to go and thanked him. He said he wanted to transfer me to a Senior Account Supervisor. I was little falling over from hunger and late to an appointment. I explained I had to go. He said: So you are refusing to speak to a Senior Account Supervisor? All the while the recording is going on. And I knew right then that he was trying to get it on record that I was not cooperating. It was very clear. I said, "No, I am late for an appointment." But that pretty much put an end to my wiillingness to talk to them. They are writing down everything that you say and later review it to see if you say anything that will help them either contest your BK or help them sue you. I have met with an attorney and will be sending my retainer shortly. I have had enough.

[bktek]

I stopped paying CCs at the end of 2007 and didn't file BK until 10/2009. During all that time I never answered a collection call. If I didn't recognize the number on the Caller ID unit, I ignored it. Why bother? I knew what they wanted and I knew I couldn't provide it. No need to waste time on the obvious.

At the end I was probably getting two dozen calls a day from various creditors and collection agencies. After I filed BK, the calls stopped instantly. The silence was somewhat unnerving until I eventually got accustomed to it.

[Bell30656]

I always answered my telephone and confirmed my identity but after that the collection agents day went down hill. I'd inform them that I was recording the calls for compliance with all federal and state civil laws. Then I'd ask them to identify him or herself by name, the company's name and what gives them the right to attempt to collect this debt.

No matter what they said, I'd tell them that at this time I am unwilling to discuss this matter but we could talk about the Braves, the election or the weather.

Of course the day after I filed I couldn't wait for the next collection agent to call. I had a script ready for them. I let each one begin his/her script then stopped them mid-sentence... I've retained an attorney to handle this matter. They'd start asking if I'd filed bankruptcy. I'd just refer them to the attorney. They'd ask if I was suing them. I'd just refer them to the the attorney. I even had one lady tell me that I had to tell her if I had filed a suit against her company.

[BrokeMike]

I stopped paying CCs at the end of 2007 and didn't file BK until 10/2009. During all that time I never answered a collection call. If I didn't recognize the number on the Caller ID unit, I ignored it. Why bother? I knew what they wanted and I knew I couldn't provide it. No need to waste time on the obvious.

At the end I was probably getting two dozen calls a day from various creditors and collection agencies. After I filed BK, the calls stopped instantly. The silence was somewhat unnerving until I eventually got accustomed to it.

Wow! Did you have any lawsuits during all that time?

[bktek]

Wow! Did you have any lawsuits during all that time?

Yeah, right before I filed there was one lawsuit and I had the entire balance of one of my checking accounts garnished. Those funds were recovered though. The trustee at my 341 meeting took the money and converted me to an asset case. It really wasn't that much money. About what I would have had to pay an attorney if I hadn't filed Pro Se. So, I'm not complaining. I unloaded a ton of unsecured debt. It was well worth it.

I think the fact that I never answered the phone and also never responded to any written correspondence from the creditors/collectors may be one reason they hesitated so long to file suit. They probably had no idea if I was still around. Just guessing, though.

[Dst1]

I think a lot depends on who you are as a person. For me, I'd rather not answer the calls, period. I'm too nice and helpful and I know that sooner or later I'll say something that someone might try to use against me. I'd rather not take that risk.

The biggest problem with not answering the calls is that then they start calling all my relatives trying to "find me" even though my answering machine message is quite clear. So now I'm going the route of cease and desist.

If you ask me one thing I have learned about this process so far it's this. When you fill out an application for credit anything on that form can and will be used against you if you don't pay. I'll never put down an emergency contact or nearest relative information on any credit application ever again.

[ApresMoi]

Never Put Down Contact Info for Family

Good tip. I will remember that. Probably also not a good idea to give them employment information either, if you can get away with it In one of my very first conversations with BofA, they asked where I used to work (I am unemployed). I said: I would rather not get into that and just rolled right by her question. Really glad I did not give her that info now. It's just another thing I would have to worry about (them contacting an old employer...how embarrassing). Though even if they do, they cannot say WHAT they are calling about. I believe I have read that is against the law to discuss your financial problems with a third party. For that you can sue.

One thing I have always wondered. I know you can write them and say deal with me in writing from here on out. But can you also write them and say do not contact my relatives, neighbors or former or current emploiyers? Is that included in the legsilation that regulates them? If so, I should get those letters ready to send. Then I think I would have to send them (separately) to each debt collection agency as my accounts get resold. I will probably file before then, but there's a good chance the accounts will all be sold by the original creditor to one of these 'road warriors/take no prisoners' debt collection agencies before I can get it together to file. I just don't want them contacting my neighbors or relatives. Anyone know?

I think a lot depends on who you are as a person. For me, I'd rather not answer the calls, period. I'm too nice and helpful and I know that sooner or later I'll say something that someone might try to use against me. I'd rather not take that risk.

The biggest problem with not answering the calls is that then they start calling all my relatives trying to "find me" even though my answering machine message is quite clear. So now I'm going the route of cease and desist.

If you ask me one thing I have learned about this process so far it's this. When you fill out an application for credit anything on that form can and will be used against you if you don't pay. I'll never put down an emergency contact or nearest relative information on any credit application ever again.

[DSIG]

Its better to use reverse psychology about the friends and neighbors calls, or just dont say anything. If you let them know it bothers you they will do it more just to get under your skin. My supervisor sent me an e-mail once that Ms. X was trying to reach me. The collector contacted him because I made myself unavailable at work by not picking up the phone or lying that I was no longer at the office when I recognized the collectors voice and persistence to reach me (my work area/office is in a separate building across town from my supervisor). I said thanks to my supervisor for the message and that was it. When I eventually contacted this collector she recited recorded script from Amex where I said I may be able to resume payments in 6-months. So yes, be careful what you say because you will hear your own words down the road as I did. Also, this collector found out where I worked through linkedin, which is like a facebook for professionals. My company was acquired, so I had updated my linkedin profile with the new company. There was no way a collector would know this, for example, from any credit applications or credit reports since my old company's name was on file. These collectors are good at data mining and will find you through social networking web sites. For this reason, I dont tweet or have a facebook profile

[Bell30656]

Whenever contacted at work, I immediately stated that not only was the time inconvenient but that there was a policy against personal calls at work and that they could call me at my home phone which they had on record after 6:00 PM. I also followed that up with a certified letter stating the same even though that was probably overkill. I never had a collector call me on my work phone a second time.