75K_CCdebt Posted August 31, 2009 Report Share Posted August 31, 2009 Hi,we had our bk finalized about 3 months ago and received a call from debt collector on our cap1 card that was discharged in the bankruptcy.Is this going to be an ongoing problem? and can they report to credit bureas?thanks,Patrick Link to comment Share on other sites More sharing options...
jq26 Posted August 31, 2009 Report Share Posted August 31, 2009 They should not call. Were they notified in the bankruptcy? If so, put 'em on notice that if they call again, you'll file for sanctions. They are violating the permanent federal injunction. Link to comment Share on other sites More sharing options...
75K_CCdebt Posted August 31, 2009 Author Report Share Posted August 31, 2009 the collection agency said they were NOT notified and asked for our BK lawyer name and number,i supplied that information.So if they call i should just briefly say they are violating a federal injunction and dont call anymore? i thought this whole thing was behind us now. and,i do beleive capital one was notified. Link to comment Share on other sites More sharing options...
jq26 Posted September 1, 2009 Report Share Posted September 1, 2009 If they call again, I'd sue them for a willful violation of the federal injunction. Once is usually tolerated. Now they are on notice. If they do it a second time, that's when courts are more willing to dish out the penalty. Ordinarily, it doesn't happen very often so I wouldn't expect more phone calls. But definitely check your credit reports (for free through annualcreditreport.com). Link to comment Share on other sites More sharing options...
Methuss Posted September 1, 2009 Report Share Posted September 1, 2009 One more thing. Capital One is too big to say they didn't get notice themselves. It is complete BS if they say they don't have access to BANKO. It is their responsibility to do their due dilligence before sending an account ot outside collections. Further it is their responsibility as the creditor to recall any collection account they send to third parties if sent prior to notice.The fact is you have Capital One on a constructive violation of the injunciton either way. They have a duty to obey the injunction, yet they have failed to do so either purposely or ignorantly.So if you get another call from any debt collector, not just this one that called, then you go after CapOne for violating the injunction. Link to comment Share on other sites More sharing options...
75K_CCdebt Posted September 1, 2009 Author Report Share Posted September 1, 2009 thanks so much for advice Honestly,I hope they do call back,all 3 other cards made payment arrangements but Cap1 didnt help us at all in a desperate time.How would I prove that they had called again anyhow?BTW,what am I looking for on my credit report? and should I contact my BK lawyer?sorry to be such a pest Link to comment Share on other sites More sharing options...
Methuss Posted September 7, 2009 Report Share Posted September 7, 2009 How would I prove that they had called again anyhow?A little $19 device from Radio Shack that lets you plug a tape recorder into your phone line and record the call. It's pretty simple really.You just answer the phone. Hit the record button and say the following:"Who is calling?" (Make them identify themselves)"Let's see today is [date]. You're calling about what account?" (let them identify the account)"Oh really? You are aware that this was discharged in bankruptcy on [date]?" (yes or no)"I really should tell you that I have recorded this call for use against [creditor] for violating the injunction. If you call again, I will also use it against your company. Have a nice day." (hangup and stop the tape)There's how you document a call for proof. You only have to worry about State laws on recording if the collector is in your own State -- then you have to obey that law. But if the call is crossing State lines the Federal law applies and that means only one party must be aware of the call being recorded. Letting them know is just a "courtesy." Link to comment Share on other sites More sharing options...
75K_CCdebt Posted September 7, 2009 Author Report Share Posted September 7, 2009 thanks methuss,will be getting my recorder tomorrow Link to comment Share on other sites More sharing options...
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