If you can read this, either the style sheet didn't load or you have an older browser that doesn't support style sheets. Try clearing your browser cache and refreshing the page.

(Huffington Post)   As Republicans predicted, the Consumer Financial Protection Bureau has done nothing but add another layer of bureaucracy to our government. Just kidding, it's resolved 4 out of every 5 complaints it has received since opening its doors   (huffingtonpost.com) divider line 159
    More: Spiffy, Dodd-Frank Wall Street Reform and Consumer Protection Act, electronic payments, Consumers Union, Capital One, credit cards  
•       •       •

2459 clicks; posted to Politics » on 21 Jun 2012 at 2:58 PM   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



159 Comments   (+0 »)
   
View Voting Results: Smartest and Funniest

Archived thread

First | « | 1 | 2 | 3 | 4 | » | Last | Show all
 
2012-06-21 04:00:47 PM
ongbok: How is it retarded? If the company had made it clear when she set up the autopay that it would take 24 hrs to process, then I would say yes, and when I say made it clear I mean in plain English in a place where she could see it, not buried in the middle of a 1000 word contract. I mean unless you are told otherwise, it is pretty reasonable to assume that if you make a payment to a company through autopay or electronically, and that money is taken out of your bank account the same day, that the payment will be considered on time.

We're arguing two different things. Here's what I'm arguing. I'm arguing that the government doesn't need to legislate common sense rather they need to legislate out the pitfalls where people with common sense get into trouble. That woman lacked common sense (clearly we differ here). In my opinion, only an idiot would set a bill to get paid the day it is due. Yet the financing group took advantage of the woman because she (in her mind) paid on time. Assuming there was a 24 hour period for it to clear is COMMON SENSE. I want the government regulating the bolded part.

I don't need the government telling me or everyone else to not stick a hand in a toaster with 50 thousand PSAs on TV. I'd rather the government work on solutions and regulations to prevent toaster making companies that make a toaster that requires you to stick your hand in it to get the bread out. Get it?
 
2012-06-21 04:01:32 PM
EighthDay: Citrate1007: Step 1: Call creditor and instead of speaking like a rational person be an absolute farkwad, get pissed, and don't listen to reason.

Step 2: Google shows you Consumer Financial Protection Bureo and you call it because you are soooo going to get the company and the poor worker you yelled at "in trouble". CFPB explains same thing the company tried to and does the leg work for you to fix crap you could have done if you weren't such a douche.

Step 3: They system works and you "stuck it to the man".

/Sadly there is an actual need for this agency.

You've obviously never had the joy of dealing with some of the more difficult corporations who will use every tactic possible - more or immoral - to squeeze every cent out of you they can.

We need financial education during high school. Not just math, but understanding basic finances, how credit works, especially how compound interest works, and the like, before we allow our population to take out these lines of credit. Because we don't have that, we need agencies like this.


As someone said in a health insurance thread the other day that I found extremely enlightening: Corporations aren't IM-moral, they are A-moral, which means if they can find a way to improve their bottom line, sooner or later they WILL do it, no matter how "Wrong" it seems to anyone with a conscience.

this is why they need to be regulated. Government rules and regulations act as the artifical conscience that corporations necessarily lack on thier own.
 
2012-06-21 04:02:13 PM
Sergeant Grumbles: Or since my credit card company can process my charges the same day, they can process the payments same day

Sergeant Grumbles: Or since my credit card company can process my charges the same day, they can process the payments same day

Sergeant Grumbles: Or since my credit card company can process my charges the same day, they can process the payments same day
 
2012-06-21 04:03:20 PM
Nezorf: Guidette Frankentits: Next, she set up automatic bill paying, in $50 installments, to take place the second of each month -- her bill's due date -- and sat back to relax on her new sofa.

I'm all for the little guy and stopping companies from screwing people over using deceptive techniques with hidden algorithms. I'm all for the government stepping in to help people.

But anyone who sets up automatic bill pay to occur the day the bill is due is a total buffoon. Always give yourself a day in case there is some weird 24hr holding of payment. Bad example.

My new CITI card and Student loan company decided that their autopay system will now pay my bills the day AFTER my due date. But don't worry it won't be considered late. So if something goes wrong or CITI decides that they want to randomly cancel my autopay and then pretend that I never had it (which they have done twice) I won't know till its too late. farkers.

Comcast decided that instead of sending my first 3 bills to the service address that was specified to be my billing address, they sent them to my apartment I had 4 years ago. But somehow the cancellation and collection notice got sent to my new house. Fought with them for 2 months till they reversed it all.


[csb]

I had a similar experience with Cablevision. They told me to take my cable modem with me when I moved, so I did. Got it all hooked up with no problems. A week later internet shuts off; I called up and they said I wasn't supposed to take the modem they told me to take, and they would be assessing me an equipment fee. After standard arguments, they enable the modem and rescind the charges.

A couple months later I start getting "late payment" phone calls, despite having paid the bill every month. I check both Cablevision's website and my bank's website, which show all the proper transactions, both paid and received. I call up Cablevision to find out what's going on, and they tell me I'm two months behind. Shenanigans ensue, and after much talking the customer service rep digs a bit deeper and discovers the problem: when they had enabled the modem, they had created a second account for it instead of using the old account (due different service regions or some such), and my payments were being credited to the old account while charges were accruing on the new account. The customer service rep said they'd take care of it and refund all of the late fees, so I thanked them and hung up.

A couple months after that, I start getting the "late payment" phone calls again. I call up customer service and get the same explanation as the first time. I tell them to check out this second account, and that the last time I called they said they'd take care of it. The rep goes "Oh yes! There's a note on your file about the double accounts, but it doesn't look like they did anything about it. I'll do that now and move over all the credits to the new account." That was just about two months ago, so I expect the late payment phone calls to start any day now.

Good times.

[/csb]
 
2012-06-21 04:03:22 PM
Guidette Frankentits: In my opinion, only an idiot would set a bill to get paid the day it is due.

Why? My insurance company processes same day payments.
 
2012-06-21 04:04:18 PM
Magorn: this is why they need to be regulated. Government rules and regulations act as the artifical conscience that corporations necessarily lack on thier own.

Almost like... laws... for individuals in a society.

Only difference is individuals aren't systematically and consistently focused on robbing and raping you.
 
2012-06-21 04:05:51 PM
qorkfiend: Nezorf: Guidette Frankentits: Next, she set up automatic bill paying, in $50 installments, to take place the second of each month -- her bill's due date -- and sat back to relax on her new sofa.

I'm all for the little guy and stopping companies from screwing people over using deceptive techniques with hidden algorithms. I'm all for the government stepping in to help people.

But anyone who sets up automatic bill pay to occur the day the bill is due is a total buffoon. Always give yourself a day in case there is some weird 24hr holding of payment. Bad example.

My new CITI card and Student loan company decided that their autopay system will now pay my bills the day AFTER my due date. But don't worry it won't be considered late. So if something goes wrong or CITI decides that they want to randomly cancel my autopay and then pretend that I never had it (which they have done twice) I won't know till its too late. farkers.

Comcast decided that instead of sending my first 3 bills to the service address that was specified to be my billing address, they sent them to my apartment I had 4 years ago. But somehow the cancellation and collection notice got sent to my new house. Fought with them for 2 months till they reversed it all.

[csb]

I had a similar experience with Cablevision. They told me to take my cable modem with me when I moved, so I did. Got it all hooked up with no problems. A week later internet shuts off; I called up and they said I wasn't supposed to take the modem they told me to take, and they would be assessing me an equipment fee. After standard arguments, they enable the modem and rescind the charges.

A couple months later I start getting "late payment" phone calls, despite having paid the bill every month. I check both Cablevision's website and my bank's website, which show all the proper transactions, both paid and received. I call up Cablevision to find out what's going on, and they tell me I'm two months behind. Shenanigans ensue, and after much ...


You're free to switch to another provider.

Have you considered Cablevision? Or perhaps Cablevision?

I'm certain that Cablevision has service in your area as well, if you're interested.
 
2012-06-21 04:05:57 PM
HellRaisingHoosier: I had Sallie Mae pull the same shiat with me.

I had THEM tell me I should setup automatic payments, so I agreed. They set them up for a year. And every month for a year I saw automatic payments come out on the same day for the same amount. Great, right? Wrong.

*fast forward one year*

Sallie Mae calls me out of the blue and tells me they are going to raise my interest rate. When I ask why they tell me that I have a huge past-due balance and haven't paid "on time" in over a year. When I point to all my money receipts the Sallie Mae rep tells me to wait a moment while they look into it. He comes back and tells me that the payments (that THEY setup) where off by 24 hours, so every month I was late and a late charge was added. When I asked the amount for late charges it was something like $2,000-3,000!

So the guy changes it so it's setup to take out the day BEFORE it was due. But then tells me he can't remove the late fees. Several hours later and several people later I get a hold of someone who will "review the case to see if I'll still owe them late fees."

I hate all financial institutions.


Oh, Sallie Mae!

My best one is I had a pay day shift by a week. From first and third weeks of the month to second and forth, and this messed up my loan payments. At the time I was dealing with Sallie Mae and ACS. So I called ACS and told them what had happened, and asked if I could get forgiven for being late one month because of that shift. ACS was totally down, the verbatim quote being "Okay, we noted your account, just by the end of the month okay? Okay." *click*

Then came Sallie Mae. I called and explained the situation and said it was beyond my control. So they said okay, why not throw X fee at us and defer one month? It seemed reasonable so I said okiedoke, paid the fee, got my deference paperwork in the mail a few days later. That payment was to be skipped. Fast forward a month, and the next month they demanded to know where the previous month's payment was. I explained what had happened. Sallie Mae had NO RECORD of it happening, all while I was standing there holding my friggin deference paperwork. It took over an hour to sort out the problem and have the "extra" payment removed.

I also used to call Sallie Mae, every month, and make payments over the phone to a live person so I could hold someone accountable. So I make full payments, every month, for months on end. Then the Sallie Mae phone system started automatically calling me stating I was very very late on a payment. I caught one of the calls and demanded to know WTF. I had over six months of payment confirmation numbers, still. Well apparently I owed them thirty bucks. And had for months.

So, two questions arose. One, why, when I was talking to a live person monthly, had no one brought it up beforehand when I could have paid it immediately? Two, where had this come from when I was making full payments and paid fees up front? They had no answer. To either. I still had to pay it.

/fark Sallie Mae
//ACS is okay though
///Sallie Mae has me on interest only payments right now and I don't know why
 
2012-06-21 04:06:12 PM
Slaves2Darkness: Oh Capital One they keep reselling this ancient "debt" of mine on a credit account I never opened. I've "resolved" this bastard four times in twelve years. Four times in the last twelve years four different collection agencies, including Capital One have agreed I owe nothing on this count, but just last week some fark tards called Resurgence collections called about this "debt" I "owed".

I had a Capitol One card with a $1000 dollar limit for most of college. Never came close to hitting the limit.
Graduate, have to move, decide I need the extra money in case anything happens, I very nearly max out the card. Something like $992 dollars on it.
My very next bill comes and they've assessed a $15 service charge, conveniently putting me over my limit, and putting in all sorts of fees and penalties. I go back through and search my records, and in all the years I've used the card, I have never been charged this fee. I paid off their farking card that same day and cancelled. Never again.
 
2012-06-21 04:07:54 PM
Slaves2Darkness: what_now: While consumer groups have largely praised the new database, the banking industry charged that some complaints do not accurately describe a situation and they unfairly smear the biggest card issuers.

It is honestly not possible for people to think worse of you, fellows.

CSS Time:

I bought a bed last year at Macy's. Getting the Macy's Card saved me $150, so I decided to do it. I paid the bill off in full, and I had planned on getting rid of the card immediately, but they sent me a lot of coupons, so I decided to keep it.

This was my mistake.

Because I don't use the card every month, I pay the card off - in full- before the deadline by sending checks. This is annoying, so I decide to "pay online". This is where the trouble starts:

It turns out, Macy's gave me TWO accounts on one card. Because it was a "Macy's American Express" I could use it anywhere American Express is accepted. All purchases at Macy's went on account 1. All purchases outside of Macy's went on account 2.

Obviously, I have never used "account 2", but my payment went toward that account, and created a credit, while my balance from "account 1" went past due and I got a collection call.

Infuriated, I cancelled "both" accounts and demanded that the late fee and interest charge be removed, and that my credit history be updated to reflect no late payments, and that I get a letter in writing, confirming that I had never missed a payment.

Now, I am a financial planner, and yet Capitol One finance STILL managed to jerk me around. I know the ins and outs of the Credit CARD act of 2009, and Capitol One Finance STILL managed to jerk me around.

These organizations are out to hurt you, and they don't give a damn about you, as long as their bottom line looks good.

Oh Capital One they keep reselling this ancient "debt" of mine on a credit account I never opened. I've "resolved" this bastard four times in twelve years. Four times in the last twelve years four different collection agencies, includi ...


Magic words: " Under the provisions of the Federal Fair Debt Collection Practices Act I formally dispute the validity of this debt and demand you do an investigation to confirm it before contacting me again"

Now a lot of time the slimy bastards will then just re-sell your debt instead of doing an investigation, but if any of them try to put it on your credit report you can sue.

Debt collectors are some of the worst scum on the earth, I've recently seen cases where they are buying up Debts legally discharged in bankruptcy.

Why? because they are hoping that consumers don't know that if you pay ANYTHING on a dishcarged debt after bankruptcy you have legally "re-affirmed" the debt and made yourself liable for the whole thing. So these scumbags will ask for a tiny amount say $10-15 to go away (but they never say "settle) in hopes of hooking suckers into reaffirming
 
2012-06-21 04:09:36 PM
kingoomieiii: what_now: These organizations are out to hurt you, and they don't give a damn about you, as long as their bottom line looks good.

What's in YER wallet?!

Suffering.


To their credit, they did select a mascot known for rape and pillage, so you should have known what you were getting into.
 
2012-06-21 04:10:57 PM
Sergeant Grumbles: ongbok: Or maybe the companies should tell people, in language that they can understand and in text that they can easily read, that their is a 24 hour processing period with automatic payments and explain to them that they should be set up for a day or two before their due date.

Or since my credit card company can process my charges the same day, they can process the payments same day. This isn't the farking 80's. This stuff is done in nanoseconds over the internet.
My student loans are like that. 2-4 days to process a payment. Bullshiat.


Why is Ticketmaster allowed to charge $8 for "processing" a $30 ticket that literally no human sees until I present it to the handheld-scanner-with-a-pulse at the venue?

Because companies can do pretty much whatever the fark they want, so long as they tell you beforehand and give you an opt out.
 
2012-06-21 04:11:04 PM
Magorn: Interesting to note, looking at CFPB's Data that Capitol One is by far the credit Card Company that got the most consumer complaints.

CapOne also has the most customers, mainly because they have a blanket "give a card to every single person" policy, so they naturally get punished by that statistic even if they are no worse than any other issuer.
 
2012-06-21 04:14:39 PM
Slaves2Darkness: what_now:

Oh Capital One they keep reselling this ancient "debt" of mine on a credit account I never opened. I've "resolved" this bastard four times in twelve years. Four times in the last twelve years four different collection agencies, including Capital One have agreed I owe nothing on this count, but just last week some fark tards called Resurgence collections called about this "debt" I "owed".


It might be interesting to record your next conversation with them, and see if they squirm when you let you know you are going to record them.
 
2012-06-21 04:14:40 PM
Sabyen91: So if they did not notify her of the late payment after the first one do you think they MIGHT be doing it on purpose?

Here's the problem with that. They probably notified her through her account (that she never checked) with electronic messages. But I bet those messages never said "you're late." They probably only said "having trouble with payments???? try this service!"


The only indication she ever could've received that she was late was to see a 25$ late fee on her account (that she never checked) after each payment. Where I think the government needs to step in is anything where her account is sent to collections or anything with respect to reasonable communication to the woman that she was late. If she got a 25$ late fee + 5$ having a fee fee, + 10$ contact with account people fee + 35$ late on payment 4 times fee + 21$ referral to collections fee then I think the government needs to handle that too.

But don't waste time and money telling people to have common sense, it doesn't work.

The government could come on TV and say "if your account has 6 dollars in it, don't spend 7 dollars." which is good advice.
or they could say
"Hey banks, stop charging people $35 dollars to when they buy a 7 dollars worth of stuff with only 6 bucks in the bank or we'll fine you so much you'll never do it again."

Sabyen91: Why? My insurance company processes same day payments.

Even on Sundays? You're lucky then.
 
2012-06-21 04:17:02 PM
tricycleracer: Citrate1007: Step 1: Call creditor and instead of speaking like a rational person be an absolute farkwad, get pissed, and don't listen to reason.

You realize these operators are coached to stonewall people with complaints, right?

DirecTV would absolutely not let me out of my contract even though their installed hijacked the CATV drop into my apartment at street-level and disabled my Internet.

"Does your television work?"

"Yes."

"Then we've fulfilled our end of the deal and you must pay."

Luckily, Bright House Networks offered $360 in contract cancellation assistance when we signed up for cable through them.


I remember when I tried canceling DirecTV. I called the number, pressed a few numbers...and got a dial tone. Again. And again. And again. Each time I followed the menu to "cancel my account", which was pretty early in the tree, I got a dial tone.

So I called them and pressed the keys to get me to "sign me up for a new account", and got a living, breathing, English-speaking human. Imagine that. I explained to her what was happening and what I was trying to do, and she laughed as if I wasn't the first, then canceled for me.

Now, after dealing with such a wonderful system, does DirecTV think I am more likely or less likely to sign up in the future? Seems kinda dumb, so I bet their CEO got millions for coming up with the "disconnect 'em" gem.
 
2012-06-21 04:17:46 PM
BeesNuts: You're free to switch to another provider.

Have you considered Cablevision? Or perhaps Cablevision?

I'm certain that Cablevision has service in your area as well, if you're interested.


I've thought about Cablevision as well, but Cablevision has better rates.
 
2012-06-21 04:18:15 PM
He can talk about buying up companies firing workers and liquidating assets

He should get a tear drop tat
 
2012-06-21 04:18:51 PM
Guidette Frankentits: Even on Sundays? You're lucky then.

It is the beauty of technology.
 
2012-06-21 04:19:21 PM
born_yesterday: I bet their CEO got millions for coming up with the "disconnect 'em" gem.

I bet the guy who came up with it was actually some lowly developer who was laid off in favor of outsourcing six months later. His project manager, the CTO, and the CEO definitely got their nice bonuses, though.
 
2012-06-21 04:21:04 PM
Guidette Frankentits: The government could come on TV and say "if your account has 6 dollars in it, don't spend 7 dollars." which is good advice.

Most companies have rules that make common sense work against you.
Like the "1 day payment processing" but telling you your bill is due on X. No, your bill isn't due on X, it's due on X-1. For common sense to work, the processing needs to be included in the bill date.
 
2012-06-21 04:24:58 PM
The Evil That Lies In The Hearts Of Men: Victim Blaming is a coping mechanism for dealing with fear, which their leaders go to great lengths to nurture. By telling themselves that the victim was at fault they create an impression in their minds that "it would never happen to me".

It's called the myth of a just world. People want the world to be fair. Therefore, they act as if it is. If bad things happen, you must have brought them on yourself, otherwise the world is unfair, and bad things might happen to good people (i.e. them)
 
2012-06-21 04:25:33 PM
Slaves2Darkness:
Oh Capital One they keep reselling this ancient "debt" of mine on a credit account I never opened. I've "resolved" this bastard four times in twelve years. Four times in the last twelve years four different collection agencies, includi ...


Apparently I'm the ONLY farker here who's never had a problem with Capitol One. I'm ok with that too. HOwever, had a freakish problem years ago with a Famous Barr card. Hardly used it, but paid in full everytime I did. kept getting regular statements showing a limit of $5000 and no balance, as it should be. Then a sale comes along, furniture, and I purchase around $1500 of tables. Go to use card. Declined. Again. Declined. Go to service counter to see WTF is up. My account was canceled for "non-active status". I hadn't used the card in 6 months (actually more than that) so they just canceled my account. But they kept sending statements like all was hunky dory. Sheesh.

And don't get me started about Discover.
 
2012-06-21 04:28:34 PM
qorkfiend: BeesNuts: You're free to switch to another provider.

Have you considered Cablevision? Or perhaps Cablevision?

I'm certain that Cablevision has service in your area as well, if you're interested.

I've thought about Cablevision as well, but Cablevision has better rates.


Fair, but if you're unhappy with their service, I've heard good things about their competitor XVision. You should check em out.
 
2012-06-21 04:28:56 PM
qorkfiend: born_yesterday: I bet their CEO got millions for coming up with the "disconnect 'em" gem.

I bet the guy who came up with it was actually some lowly developer who was laid off in favor of outsourcing six months later. His project manager, the CTO, and the CEO definitely got their nice bonuses, though.


Hehe. " I figured it out! I know how we can make millions in DISsatisfied customers! I'm gonna be rich! So what if I'm screwing over the little guy just like me, I'm gonna be a one percenter!!!! "
 
2012-06-21 04:31:21 PM
Magorn:

That's not true. If you voluntarily pay a discharged debt, you can, but the debt is still discharged. A creditor can't try to collect on a discharged debt - at least not legally. They can go after any property that had a security interest against it, but that's a different thing.

Just voluntarily paying a debt doesn't reaffirm it - technically, the only way to reaffirm a debt in bankruptcy is to get the bankruptcy court to approve a reaffirmation agreement.
 
2012-06-21 04:36:59 PM
Dusk-You-n-Me: So what.

TNSTAAFL
 
2012-06-21 04:39:38 PM
born_yesterday: qorkfiend: born_yesterday: I bet their CEO got millions for coming up with the "disconnect 'em" gem.

I bet the guy who came up with it was actually some lowly developer who was laid off in favor of outsourcing six months later. His project manager, the CTO, and the CEO definitely got their nice bonuses, though.

Hehe. " I figured it out! I know how we can make millions in DISsatisfied customers! I'm gonna be rich! So what if I'm screwing over the little guy just like me, I'm gonna be a one percenter!!!! "


I pictured it going something like this, in a team meeting:

MANAGER: Ok, we're going to do telephone cancellations. We need something that discourages people from cancelling, though. Any ideas?
DEVELOPER: We could just hang up on 'em, heh heh.
MANAGER: ... Brilliant.

Later:

MANAGER: We'll just hang up on them when they call to cancel. That way, no one cancels, and we'll save money by not actually developing a phone cancellation system.
CTO: Sounds good. We'll put some menu options in so people think something's actually happening.

Even later:

CTO: We're ready to roll out our cancel-by-phone system.
CEO: Excellent. Now, about that IT outsourcing...
 
2012-06-21 04:48:15 PM
what_now: I take a measure of blame for this- I was greedy and wanted the original $150 discount on the bed, and I didn't immediately cancel the card as I should have.

I've had similar things come up from time to time and occasionally I've been burned when I've forgotten to cancel before the end of the first month. Happily not more than a few bucks, but it's the principle that rankles. On the other hand, I've gotten some free or discounted stuff, too, so I suppose it probably evens out.

Nowadays I just stay away from any offer that requires signing up for something. It's just not worth the aggravation.
 
2012-06-21 04:49:08 PM
WombatControl: Magorn:

That's not true. If you voluntarily pay a discharged debt, you can, but the debt is still discharged. A creditor can't try to collect on a discharged debt - at least not legally. They can go after any property that had a security interest against it, but that's a different thing.

Just voluntarily paying a debt doesn't reaffirm it - technically, the only way to reaffirm a debt in bankruptcy is to get the bankruptcy court to approve a reaffirmation agreement.


IN bankruptcy, you are correct.

however, POST bankruptcy is another story, and one that trips up a lot of people. Technically trying to collect a discharged debt could subject you to contempt of court proceedings int he bankruptcy court, but most people do not know that they can file for this in a case that has already closed.

Worse yet, the courts have refused to forbid the sale of discharged debt as per se Contempt because they said there is no proff the purchasers are buying the debt in an attempt to collect it

and yes, any payment on a discharged debt, after you've gotten the discharge does re-affirm that debt.
 
2012-06-21 04:50:46 PM
born_yesterday: qorkfiend: born_yesterday: I bet their CEO got millions for coming up with the "disconnect 'em" gem.

I bet the guy who came up with it was actually some lowly developer who was laid off in favor of outsourcing six months later. His project manager, the CTO, and the CEO definitely got their nice bonuses, though.

Hehe. " I figured it out! I know how we can make millions in DISsatisfied customers! I'm gonna be rich! So what if I'm screwing over the little guy just like me, I'm gonna be a one percenter!!!! "


Your handle seems totally appropriate.
 
2012-06-21 04:56:54 PM
Magorn: WombatControl: Magorn:

That's not true. If you voluntarily pay a discharged debt, you can, but the debt is still discharged. A creditor can't try to collect on a discharged debt - at least not legally. They can go after any property that had a security interest against it, but that's a different thing.

Just voluntarily paying a debt doesn't reaffirm it - technically, the only way to reaffirm a debt in bankruptcy is to get the bankruptcy court to approve a reaffirmation agreement.

IN bankruptcy, you are correct.

however, POST bankruptcy is another story, and one that trips up a lot of people. Technically trying to collect a discharged debt could subject you to contempt of court proceedings int he bankruptcy court, but most people do not know that they can file for this in a case that has already closed.

Worse yet, the courts have refused to forbid the sale of discharged debt as per se Contempt because they said there is no proff the purchasers are buying the debt in an attempt to collect it

and yes, any payment on a discharged debt, after you've gotten the discharge does re-affirm that debt.


The REAL moral is that navigating bankruptcy is RIDICULOUSLY complicated.

DebtKid's blog is an interesting read.

Dude made a terrible mistake and is slowly clawing his way out of that hole. And cataloging the journey. It's the system as seen by a guy who is trying his damnedest to use it the way it's meant to be used.

Technically, due to the complexity of the issue... you are both correct!

Grats. Confetti for all.
 
2012-06-21 05:02:47 PM
Shouldn't it be 4 out the 5 complaints it received?
 
2012-06-21 05:12:51 PM
born_yesterday: I remember when I tried canceling DirecTV. I called the number, pressed a few numbers...and got a dial tone. Again. And again. And again. Each time I followed the menu to "cancel my account", which was pretty early in the tree, I got a dial tone.

So I called them and pressed the keys to get me to "sign me up for a new account", and got a living, breathing, English-speaking human. Imagine that. I explained to her what was happening and what I was trying to do, and she laughed as if I wasn't the first, then canceled for me.

Now, after dealing with such a wonderful system, does DirecTV think I am more likely or less likely to sign up in the future? Seems kinda dumb, so I bet their CEO got millions for coming up with the "disconnect 'em" gem.


I had a fun one with my bank's phone system this week. First, calling the number on the card only has one option to talk to a human about an actual problem (in my case, fraudulent charge), and actually can lead you in a complete circle without ever getting you near it.

But the BETTER one was once I got their claims department's direct line. Because THAT system, you call, it has you enter your account number, card number, and PIN, and then switches you over to the Spanish language line EVERY TIME (well, three out of four attempts) even though the menus were in English and you never pressed 9 for Spanish, so you have to call back, punch in your numbers, and play roulette again.

Yeah that had me farking livid, especially on day 6 with no refund.
 
2012-06-21 05:14:11 PM
Chimperror2: Shouldn't it be 4 out the 5 complaints it received?

Pet peeve?
 
2012-06-21 05:20:53 PM
Efficiency and Justice = Socialism and Socialism
 
2012-06-21 05:22:43 PM
Magorn: WombatControl: Magorn:

That's not true. If you voluntarily pay a discharged debt, you can, but the debt is still discharged. A creditor can't try to collect on a discharged debt - at least not legally. They can go after any property that had a security interest against it, but that's a different thing.

Just voluntarily paying a debt doesn't reaffirm it - technically, the only way to reaffirm a debt in bankruptcy is to get the bankruptcy court to approve a reaffirmation agreement.

IN bankruptcy, you are correct.

however, POST bankruptcy is another story, and one that trips up a lot of people. Technically trying to collect a discharged debt could subject you to contempt of court proceedings int he bankruptcy court, but most people do not know that they can file for this in a case that has already closed.

Worse yet, the courts have refused to forbid the sale of discharged debt as per se Contempt because they said there is no proff the purchasers are buying the debt in an attempt to collect it

and yes, any payment on a discharged debt, after you've gotten the discharge does re-affirm that debt.


Now, maybe there's a whole factual or legal wrinkle that I don't know, but as a rule, voluntarily paying on a discharged debt does not reaffirm the debt. Once a debt is discharged, it's discharged. You have no personal liability on it at all.

If someone gets you to voluntarily reinstate the debt after bankruptcy, that would be a different matter - but just making a payment doesn't do that. They'd have to get you to sign a whole new contract creating a whole new debt.

If someone's telling you that you have to pay the whole of a discharged debt because you made a voluntary post-discharge payment you should probably get a lawyer, because you can't legally collect on a discharged debt without going through the bankruptcy court.
 
2012-06-21 05:43:36 PM
We filed a complaint against BoA through the CFPB and it got totally hosed.

After two exchanges, in which the BoA rep ADMITTED to doing something illegal (holding us accountable for a debt after it had been discharged in a Ch 7 bankruptcy), the CFPB dropped our case because we had "previous or pending litigation" - based on the fact that I said we had a law firm draft a letter for us asking BoA to execute a deed in lieu because they were still letting the house sit empty and not acting on the foreclosure over two and a half years after they began the foreclosure process.* I made it VERY clear that we had paid the lawyer a one-time fee to draft the letter (dumb on our part? maybe, but we don't know the process and "do it yourself" hadn't been working for us all that well...).

Anyway, the CFPB admitted that they wrongly closed our case, but could not reopen it because the system wouldn't let them. The case number had been closed. We had to completely resubmit our claim.

And I haven't done that yet, because... fark 'em. I'm tired. It's been years. I'm wiped out. And I feel bad because I feel like I should keep fighting, but between being hosed by the CFPB and having Al Franken's office tell me to call a HUD counselor to discuss our case (hahahaha, yeah, someone on their end didn't actually read my letter, either), I'm really bitter about believing anyone really wants to help the consumer.

Bleh.

*Why did it matter to use that they finish the foreclosure process even after our Chapter 7 had been discharged? Because we found out that a lot of underwriters will go by the Sheriff's Sale date, NOT the bankruptcy date, when you want to buy a house again. So, don't believe that "you are clear to buy a house two years after a bankruptcy" crap - they now want to go three years from the "foreclosure" date which in their minds is the Sheriff's Sale date, which for us ended up being two and a half years after the BK discharge. And, before you think we did the easy-out, we had a business - custom cabinets - which went under when the housing market did, lived in a camper for six months with two dogs and a baby, worked freelance doing what we could, and my husband has managed to build a very successful handyman business over the past three years, which is why we're looking for a house again - something very inexpensive with a garage for his tools.
 
2012-06-21 05:52:55 PM
WombatControl: which is why we have a government growing out of control.


citation needed
 
2012-06-21 05:52:58 PM
Sergeant Grumbles: ongbok: Or maybe the companies should tell people, in language that they can understand and in text that they can easily read, that their is a 24 hour processing period with automatic payments and explain to them that they should be set up for a day or two before their due date.

Or since my credit card company can process my charges the same day, they can process the payments same day. This isn't the farking 80's. This stuff is done in nanoseconds over the internet.
My student loans are like that. 2-4 days to process a payment. Bullshiat.


Right on. The same way I can get on a "legit" SPAM list in nanoseconds, but if I "opt out" it can take 4-6 weeks to get me off the list. Use the technology both ways, assholes.
 
2012-06-21 05:56:46 PM
T. Dawg: We filed a complaint against BoA through the CFPB and it got totally hosed.

After two exchanges, in which the BoA rep ADMITTED to doing something illegal (holding us accountable for a debt after it had been discharged in a Ch 7 bankruptcy), the CFPB dropped our case because we had "previous or pending litigation" - based on the fact that I said we had a law firm draft a letter for us asking BoA to execute a deed in lieu because they were still letting the house sit empty and not acting on the foreclosure over two and a half years after they began the foreclosure process.* I made it VERY clear that we had paid the lawyer a one-time fee to draft the letter (dumb on our part? maybe, but we don't know the process and "do it yourself" hadn't been working for us all that well...).

Anyway, the CFPB admitted that they wrongly closed our case, but could not reopen it because the system wouldn't let them. The case number had been closed. We had to completely resubmit our claim.

And I haven't done that yet, because... fark 'em. I'm tired. It's been years. I'm wiped out. And I feel bad because I feel like I should keep fighting, but between being hosed by the CFPB and having Al Franken's office tell me to call a HUD counselor to discuss our case (hahahaha, yeah, someone on their end didn't actually read my letter, either), I'm really bitter about believing anyone really wants to help the consumer.

Bleh.

*Why did it matter to use that they finish the foreclosure process even after our Chapter 7 had been discharged? Because we found out that a lot of underwriters will go by the Sheriff's Sale date, NOT the bankruptcy date, when you want to buy a house again. So, don't believe that "you are clear to buy a house two years after a bankruptcy" crap - they now want to go three years from the "foreclosure" date which in their minds is the Sheriff's Sale date, which for us ended up being two and a half years after the BK discharge. And, before you think we did the easy-out, we had ...


That really sucks!

I hope you decide to fight on. This stuff can take a while and is really frustrating, but you will prevail!!!

/have you tagged in orange now as a fellow fire spinner :-)
 
2012-06-21 06:05:54 PM
T. Dawg: We filed a complaint against BoA through the CFPB and it got totally hosed.

After two exchanges, in which the BoA rep ADMITTED to doing something illegal (holding us accountable for a debt after it had been discharged in a Ch 7 bankruptcy), the CFPB dropped our case because we had "previous or pending litigation" - based on the fact that I said we had a law firm draft a letter for us asking BoA to execute a deed in lieu because they were still letting the house sit empty and not acting on the foreclosure over two and a half years after they began the foreclosure process.* I made it VERY clear that we had paid the lawyer a one-time fee to draft the letter (dumb on our part? maybe, but we don't know the process and "do it yourself" hadn't been working for us all that well...).

Anyway, the CFPB admitted that they wrongly closed our case, but could not reopen it because the system wouldn't let them. The case number had been closed. We had to completely resubmit our claim.

And I haven't done that yet, because... fark 'em. I'm tired. It's been years. I'm wiped out. And I feel bad because I feel like I should keep fighting, but between being hosed by the CFPB and having Al Franken's office tell me to call a HUD counselor to discuss our case (hahahaha, yeah, someone on their end didn't actually read my letter, either), I'm really bitter about believing anyone really wants to help the consumer.


That sucks but it sounds like you can basically resubmit your original claim. I know it sucks to make yourself do but you just need to keep at it. If for no other reason than fark BOA
 
2012-06-21 06:13:41 PM
Zasteva- Thanks! And woot for spinning! *smirk*

At this point what I'd like to really do is move from our personal situation to fighting to make banks use the date of the legal firm's notice to the homeowner of acceleration to foreclosure plus, say, 90 days, be the start of the clock ticking for credit repair. Because it's horrible to hold people in limbo for up to and in excess of three years while they dawdle about foreclosing. People already are paying the price for losing their home and having a foreclosure on their record. In a perfect world, most people could return their families to a home within three years of foreclosure. Now, with these strange standards, it can take much, much longer.

On the bright side, after a LOT of hard work, our lending agent found an underwriter who will lend to us three years from the date of our bankruptcy discharge. Of course, we can't close on anything until after September 15th, and I won't truly believe it until I see it, but I'm now vaguely hopeful. But, seriously - one lender, out of the dozens upon dozens she contacted over the course of four months. It's ridiculous!
 
2012-06-21 06:29:23 PM
WombatControl: Magorn: WombatControl: Magorn:

That's not true. If you voluntarily pay a discharged debt, you can, but the debt is still discharged. A creditor can't try to collect on a discharged debt - at least not legally. They can go after any property that had a security interest against it, but that's a different thing.

Just voluntarily paying a debt doesn't reaffirm it - technically, the only way to reaffirm a debt in bankruptcy is to get the bankruptcy court to approve a reaffirmation agreement.

IN bankruptcy, you are correct.

however, POST bankruptcy is another story, and one that trips up a lot of people. Technically trying to collect a discharged debt could subject you to contempt of court proceedings int he bankruptcy court, but most people do not know that they can file for this in a case that has already closed.

Worse yet, the courts have refused to forbid the sale of discharged debt as per se Contempt because they said there is no proff the purchasers are buying the debt in an attempt to collect it

and yes, any payment on a discharged debt, after you've gotten the discharge does re-affirm that debt.

Now, maybe there's a whole factual or legal wrinkle that I don't know, but as a rule, voluntarily paying on a discharged debt does not reaffirm the debt. Once a debt is discharged, it's discharged. You have no personal liability on it at all.

If someone gets you to voluntarily reinstate the debt after bankruptcy, that would be a different matter - but just making a payment doesn't do that. They'd have to get you to sign a whole new contract creating a whole new debt.

If someone's telling you that you have to pay the whole of a discharged debt because you made a voluntary post-discharge payment you should probably get a lawyer, because you can't legally collect on a discharged debt without going through the bankruptcy court.


Scary part? I are a lawyer with some, but not a lot of experience in this field and i have personally seen "accidental" reaffirmations. Its an obscure part of the law so most lawyers are not aware of it, but it can happen.
 
2012-06-21 06:30:54 PM
Guidette Frankentits: Assuming there was a 24 hour period for it to clear is COMMON SENSE.

Maybe for you or me (we are not trusting souls), but here's the thing: there are a lot of people of average intelligence who simply don't think in terms like "a recurring electronic transaction that I set up for the 2nd of every month may not actually send payment until the 3rd." What seems like common sense to us is not necessarily obvious to everyone.

Since we can't turn everyone into brilliant and sophisticated thinkers, we have to settle for policing corporations that make tons of money exploiting these details.
 
2012-06-21 06:49:53 PM
Sabyen91: Guidette Frankentits: In my opinion, only an idiot would set a bill to get paid the day it is due.

Why? My insurance company processes same day payments.


My bank processes mortgage and credit card payments same day, as long as I make them before 9PM PT.
 
2012-06-21 07:24:57 PM
coont in the article is stupid as fark.

The other arguments in this thread in favor of this entity are stupid as fark too.

Don't make me school your liberal asses.

/forum tanking
 
2012-06-21 08:02:18 PM
gearsprocket: coont in the article is stupid as fark.

The other arguments in this thread in favor of this entity are stupid as fark too.

Don't make me school your liberal asses.

/forum tanking



You should be banned for horrible trolling

And you should feel bad
 
2012-06-21 08:13:43 PM
WombatControl: By any rational measure, the government is absolutely growing.

Except by the rational measure of jobs.

But keep those talking points coming. You're always amusing.
 
2012-06-21 09:51:26 PM
FlyingLizardOfDoom: So the woman in tfa didnt read her contract, paid her bill late every month. And then cried foul when she was legally assessed fees and interest on her own stupidity?

yes, your billions of dollars a year is going to help fix things that aren't broken, like a woman being legally charged a fees and interest on her own sloth and stupidity;
her "honest mistake" of not giving enough of shiat to make a few f*cking clicks of the mouse to see how the automatic bill pay process was working out for her for an entire year.
 
Displayed 50 of 159 comments

First | « | 1 | 2 | 3 | 4 | » | Last | Show all

View Voting Results: Smartest and Funniest


This thread is closed to new comments.

Continue Farking
Submit a Link »






Report