Compass Bank Visa Won't Take Case #

[kenshirley]

We filed Chapter 7 almost two weeks ago.
I talked to Compass on the phone when they called 4 business days after we filed and tried to give them our case number. She said they had no notice yet and would not take the number down. What jerks!
I told them they had better not call again and they haven't so far. She said they could as they had no proof of filing yet. If they call I am going to give them a real ear full.
But yesterday I did get a routine statement from them on my Visa.
I will let this slide for now, but one more time and I turn them over to my attorney.
I could not believe that the woman would not take our BK file number over the phone.
I also told her to check the credit bureaus as we showed on all 3 as filed.

[Flamingo]

All you can do is give them your case number and attorney information when you call. They don't have anything official yet from the court so they probably do not believe you as you can bet others have probably made up all sorts of stuff to tell them when they call. If they don't want to take the information, just hang up; they will have it soon in hand. It took some time for some of our creditors in our filing to receive filing papers also so if all this bothers you, just don't answer the phone if you don't recognize the number. It will all stop soon.

[junker]

compass bank froze my checking acct when they "reviewed" my activiy and saw that i was using their debit card for LEGAL online gambling. luckily i didnt have any outstanding checks, as they said they wouldnt honor them, then they closed the acct. they are definitely jerks.....

[kenshirley]

Flamingo, you missed the point. Compass Bank Visa refused to take the case number.

[Flamingo]

Flamingo, you missed the point. Compass Bank Visa refused to take the case number.

No - I didn't miss the point. As I stated, all you can do is try to give them your case number and your attorney's information. It's their problem, not yours, if they refuse to take it. Their records are not yet up to date as they either probably have not received your filing papers yet or the information hasn't made it through their systems yet. Some places will take your number and still keep calling until they receive your paperwork because that is what makes it official for them - when they have the papers in hand.

[kenshirley]

Our attorney states they have to take the number. With that they can look the case up and verify. And I did call his office and they state that they cannot call after being told we filed and they have had our attorney's info for almost a month now.
We also show on all 3 credit reporting services and I told them that.
If they don't want to look it up and bury thier heads in the sand so be it.
If they call or or send me anything else at this point I will just turn them over to the courts.

[StartingOver08]

ken, you have been much more patient that I have been. For those creditors that violated the stay - even with one phone call - I reported to the attorney. My attorney had two letters that he sent out for those type of violations:
1) The nice letter - bascially informing the CA or OC of the filing and making sure there was no additional contact
2) The nasty letter for repeat offenders - and there were a couple of repeat offenders.

If we let the creditors off without a letter they will continue to try to collect because it is in their nature - just like a 2 yr old - push until someone says no. I maintain, let your attorney know right away so the creditor is at least contacted by your attorney about the violation. If they continue, then you can at least bring it to the attention of the court for sanctions. Giving the creditors a chance to receive the notice as Flamingo suggests is, IMO, a passive response to a nasty creditor. But to each his own. You did the right thing by contacting your attorney.

[kenshirley]

I did nothing when I talked to them. We filed on a Wednesday and they called the following Monday. I thought that they perhaps did not have the notice yet as it had only been a few business or mail days.
But when they refused to take the number I got a little suspicious.
Then a week later I got a letter about the debt.
That's all I will tolerate.
The good news is that it has been a full week since that phone call and they have not called again regardless of their attitude that they would not take any information from me a week ago.
They must have listened anyway.

[OhioFiler]

Dealing with collectors is about control. Either you have control of the conversation or the collector has control. I refuse to relinquish it to these people. I would have advised the collector of your attorney's address and phone number and BK case number then politely said "goodbye." and hung up. Debating whether she should take the number down put the collector in control.

[kenshirley]

All of my creditors were informed of that information about 3 weeks before we filed, what chapter we would be filing and when.

[SBayBruce]

OhioFiler is ABSOLUTELY CORRECT. Don't let them "control the call." This will have to be my second BK (due to a hospital bill) and creditors are already calling me. They know DAMN WELL that once you inform them you are filing, they must thake the attorney's info. Don't let them get away with any other questions, remember, once you have at least started payment on your attorney's retainer, you are "lawyered up." They will try to ask you if you have filed yet, if he is fully reatained, etc. I had this woman from Best Buy screaming at me statiing that she could not take the attorneys name and number until I gave her the information she needed. I tried to escalate the call to a supervisor, she refused. Finally she took the info, and I emailed my attorney.

This is what I tell them, "I'm sorry, but unfourtunately, I will be filing a bankruptcy. I have been instructed by my attorney, to refer all communications to him. Are you ready to copy his name, and telephone number?" If they give me static, I ask for a supervisor. If they refuse, hang up, or won't take the info, I notify my attorney.

Again, they KNOW if you try to refer them to an attorney, and they do anything except take down the name and number, they are WRONG. Don't be intimidated.

Filed: Chapter 7: Dec 1999
341 Meeting: Jan 2000
Discharged: Apr 2000