Bass & Associates

[adam2dot0]

What is the name of your state? Ohio

The wonderful people at Bass & Associates are harassing me a year & 1/2 after my bankruptcy was discharged. They want what I purchased with my Household/Best Buy card. Unfortunately, I don't remember what I bought (nor do they since they don't list anything in the letter), and chances are those things were sold well before I filed BK to pay my bills. I know they can't get money from me (but would love to scare me into giving it), and can't demand items without a Writ of Repleven (with serial #'s of items they are demanding, delivered by the Sheriff).

My question is, especially for experianced members such as Ladynred, is this Cease and Desist letter appropriate? Too much/too little/just enough?

To Whom It May Concern:

I have received your letter concerning the aforementioned account. You made no mention as to what goods you are seeking in your letter. Chances are I no longer possess these goods, and I do not recall what I bought with my Best Buy account.

As you are well aware, my bankruptcy was discharged ________, 20__. I went through that painful and embarrassing procedure to find shelter from creditor harassment. I will not pay money regarding this matter as my monetary debts were discharged regarding this account, nor will I return anything without a Writ of Repleven containing proper documentation, i.e. serial numbers. You are to CEASE and DESIST any further contact with me. Any further attempts to contact me will result in legal action.

Sincerely,

[bigun]

Far too wordy. Don't admit you may or may not have the items.
Just say "please do not contact me about this matter ever again" and be done with it.

[adam2dot0]

Ok, thanks!

[adam2dot0]

Well, i called Bass & Ass. to tell them my "intentions" that they are to stop calling me, and sent a letter by certified mail. The guy I talked to tried to tell me they were within their rights to contact me (read harrass) after my bankruptcy was discharged. I'll keep posted on what happens.

[frankrozanc]

Has this creditor been listed in your bankruptcy? If so, they are violating the law by continuing to contact you, and are subject to sanctions from the BK court. If not, and they were the owner of the debt at the time of filing, you could reopen the case to add them.

[AttorneyOney]

It makes no difference whether they were listed on a no-asset chapter 7 petition or not -- the personal obligation is still discharged. Bass & Associates is asserting that a purchase money security interest exists in goods purchased with a credit card issued by HSBC. Some of us in the debtor's bar believe that they send post-discharge letters to debtors in a thinly disguised attempt to get debtors to pay the debt instead of having to surrender the goods. They don't stand up to attorneys who challenge them for proof of the alleged interest, for the very good reason that they don't seem to have records showing how payments on the card were allocated to various purchases over time. The OP might try finding an Ohio lawyer at naca.net or nacba.com who would be willing to represent him/her in an FDCPA or discharge-violation case.

[Ladynred]

You're dead-on with the scare tactic angle. They don't want the goods, they want the money and probably scare plenty of people into forking over cash when they don't have to. It would cost them far to much to file for Replevin - much more than the value of the items they claim to want to recover from you.

They are within their legal rights to call you to turn over they so-called 'secured' goods, they are NOT with the law if they demand money - so they keep up the harrassment so people will throw money at them to make them go away.

I'd try the C&D first, if that doesn't work, I'd take AttorneyOney's advice and get a lawyer to shut them up.

[adam2dot0]

I got Bass & Ass. (es) standard "please tell us what you think you bought" letter. When I called them to say "leave me alone" they asked for money in the amount of "fair market value of the goods." My next step will be an attorney. Thanks for all the advice, I appreciate it! I'll keep ya posted!

[Ladynred]

" they asked for money in the amount of "fair market value of the goods

In other words, they want you to redeem the goods to keep them -- which is a joke. However, redemption is VOLUNTARY, they can't make demands for payment.