Answering the phone: Yes or No?

[johnguerin]

Illinois

So I'm getting about 6-8 calls per day re: defaulted Credit Card.
Most are auto-dialers that don't leave a message on the machine, but some have been listed as Cell phone numbers and some are 000-000-0000.

I used to actually talk with them, but basically they primary objective was to get me to tell them WHEN I would be making a payment or to try and get me to make some other minimum amount and my credit would be "saved" or something.
I'm beyond telling them my current financial situation because, of course, they don't care and they don't read the notes that are on my account.
So, now I don't answer the phone when I see it is them calling.

The messages used to be along the lines of
"We need to speak with you immediately about this account",
now the messages are more like
"We really need to speak with you, we have some generous offers, please call us back so we can talk"

Oddly enough, none of these "offers" come via mail.
So do I have anything to gain or lose by NOT answering the phone when they keep calling?
If I do happen to answer the phone and get one of them on the line, I DO plan to ask them to SEND me any "offers" that they have been mentioning in the answering machine messages.

I think I'm at about 5 months now since initial default, I made some payments since then, but basically defaulted about 5 months ago. I don't think they have turned the account over to an outside collection yet.

If my situation does not change, I assume at some point they will sue me and I am just wondering if NOT answering the phone at the moment will prove to be detrimental for me in the future.

[howamidoing]

So do I have anything to gain or lose by NOT answering the phone when they keep calling?

Yes, you have interest to gain (accrue) and you have good credit to lose.

[I AM ALWAYS LIABLE]

My response:

Instead of whining and crying about what your creditors are doing, and how your creditors want THEIR money back that YOU used, why don't you pay your bills, you deadbeat.

Oh, I know. We've heard it all before. You're disabled, you lost your job, your stocks took a dive, you had Cheerios for breakfast, Aunt Tillie needs your money, etc., etc., etc. Bullcrap. You USED their money, now pay it back!

IAAL

[johnguerin]

Originally Posted by howamidoing

Yes, you have interest to gain (accrue) and you have good credit to lose.

duh. I know that already.

I thought this was a legal forum?

[johnguerin]

Originally Posted by I AM ALWAYS LIABLE

Instead of whining and crying about what your creditors are doing, and how your creditors want THEIR money back that YOU used, why don't you pay your bills, you deadbeat.

I can't at the moment, but thanks for lumping me in with all the other whiners.
If they want to settle for 50% I might pay attention.

Oh, I know. We've heard it all before. You're disabled,

nope, guess again.

you lost your job,

strike two

your stocks took a dive,

I wish.

you had Cheerios for breakfast,

*gasp!* how did you know?

You USED their money, now pay it back!

no problem, let me just check my pockets.....

BTW- are you drinking alone again?

[I AM ALWAYS LIABLE]

Originally Posted by johnguerin

BTW- are you drinking alone again?

My response:

No. Are you poor again because you're a high school drop-out, or did you vote for Bush? I'm guessing both.

IAAL

[johnguerin]

Originally Posted by I AM ALWAYS LIABLE

Are you poor again because you're a high school drop-out, or did you vote for Bush? I'm guessing both.

I sound like a Republican?

Bartender, I'll have what he's having. Make it a double.

and put it on his tab.

cheers!

[I AM ALWAYS LIABLE]

Originally Posted by johnguerin

I sound like a Republican?

Bartender, I'll have what he's having. Make it a double.

and put it on his tab.

cheers!

My response:

I just love a good negative pregnant!

IAAL

[Veronica1228]

Originally Posted by johnguerin

Illinois

So I'm getting about 6-8 calls per day re: defaulted Credit Card.
Most are auto-dialers that don't leave a message on the machine, but some have been listed as Cell phone numbers and some are 000-000-0000.

I used to actually talk with them, but basically they primary objective was to get me to tell them WHEN I would be making a payment or to try and get me to make some other minimum amount and my credit would be "saved" or something.
I'm beyond telling them my current financial situation because, of course, they don't care and they don't read the notes that are on my account.
So, now I don't answer the phone when I see it is them calling.

The messages used to be along the lines of
"We need to speak with you immediately about this account",
now the messages are more like
"We really need to speak with you, we have some generous offers, please call us back so we can talk"

Oddly enough, none of these "offers" come via mail.
So do I have anything to gain or lose by NOT answering the phone when they keep calling?
If I do happen to answer the phone and get one of them on the line, I DO plan to ask them to SEND me any "offers" that they have been mentioning in the answering machine messages.

I think I'm at about 5 months now since initial default, I made some payments since then, but basically defaulted about 5 months ago. I don't think they have turned the account over to an outside collection yet.

If my situation does not change, I assume at some point they will sue me and I am just wondering if NOT answering the phone at the moment will prove to be detrimental for me in the future.

It's really difficult to answer your question because my crystal ball is in the shop, but the only thing your not answering the phone might do is speed up the collection process. They may decide to go ahead and sell your bad debt to a CA and let them try and deal with getting in contact with you etc. It's really hard to say.

The good news is that in order for them to seek a judgement against you, they do need to send you a summons by mail. I would recommend making sure they have your current address.

[howamidoing]

can't at the moment, but thanks for lumping me in with all the other whiners.
If they want to settle for 50% I might pay attention.

Did you only spend 50% of your credit limit? I bet you spent ALL they gave you. So what IS your reason for not paying them back? I bet it's a good one!.

[johnguerin]

Originally Posted by Veronica1228

...They may decide to go ahead and sell your bad debt to a CA and let them try and deal with getting in contact with you etc. It's really hard to say.

and if they choose to do that I send a Cease & Desist letter to the CA.

[johnguerin]

Originally Posted by howamidoing

So what IS your reason for not paying them back? I bet it's a good one!.

I had to pay a Lawyer to try and collect from a Deadbeat Client.

Deadbeat Client had a Better Lawyer.

and round and round it goes**************

Thanks Lawyers!

[Debt Guy]

John,

Personally, I think answering the phone is a waste of time unless you have something to talk about.

You say you want to settle the accounts. That is "something to talk about".

So, even though it is an aggravation, you probably should answer the phone so that you are communicating your message. Just stay on message.

[wayne-o]

It also could be that the generous offers that the credit card company is offering in their messages is a settlement offer. I had MBNA offer to let me settle for 40% of the balance, I agreed if they sent me a letter outlining such an offer. They did, I did.

[johnguerin]

Originally Posted by FWIW

...If you happen to speak to them again, simply say "I wish to have all correspondence in writing, and I demand that you stop calling".

At that point, they must stop calling, or you can sue them under the FCBA.

really? this applies to the Original Creditor and not just to a Collection Agency?

I really do prefer to get things in writing and if they are so desperate to "offer" me something they should at least put it into writing.

their "deadlines" for..."something" keep slipping, at first it was the end of May, now it is the end of June.

If you do have the money, and they aren't being abusive to you, pay them.

well, that's certainly an easy way out of this. Unfortunately I am having trouble with the first part -AT THE MOMENT-
They are not being abusive and are certainly not doing anything that I would not expect them to do at the moment.

And if they are abusive to you, know your rights under the FCRA, FDCPA and FCBA and sue them back.

grr.... getting a lawyer again....my experience has been a bit unsatisfactory in that department so far.....

Just ask Donald Trump.

yes, there were times he was SO deeply in debt that the banks had NO CHOICE but to lend him MORE money or they would lose everything they had already lent him. When you own a lot of money you are actually in a much better position than if you owe a few thousand dollars.

I will ask them to put their offers into writing. If the offer(s) are good enough and legitimate, I can't currently take advantage of them but I might be able to pursuade a family member to assist if the offer is good enough. Until now I have tried to keep family OUT of this.

I hope this thread was useful for someone besides me.