I just received a letter dated 8/31/08 from the law offices of Bass & Associates, who represent HSBC Best Buy. My Chapter 7 was discharged on 8/18/08, and I just got this letter from Bass & Associates today. Is it legal for them to mail me this letter AFTER my discharge? I thought that after everything was discharged no one could come after me for anything anymore...
The letter states:
Dear David XXXXXXXX
We have been informed that your case has been discharged. Please be advised that our client is secured by a purchase money security interest in consumer goods. If you intend to voluntarily surrender the collateral please provide the information requested below:
Name of contact person for making arrangements for return of collateral: ___________________
Day time phone number for contact person ( ) _________________
Please call us if you have any questions. Our number is (888) 283-xxxx, ext. xxxx. "
All that they are asking if you would like to give them the proeprty back at your option. This is the impression that I am getting. Is there any property that you have that belongs to them but did mention in the bankruptcy and to your attorney? In other words have you included all the proeprty from teh Best Buy accounts in your schedule f such as tv, computer, etc.? I do not know what all the laws are. I have run into similar situations and were a result of miscommunication. I called them and resolved it. You can still call them to find out what there true intentions are. Under the bankruptcy , as long as you included all property from a creditor involved in bankruptcy and it has been discharged they can not collect from you. So contact them. That is what I would do. I love learning experiences. Let everyone know what happens. What ever you do keep all copies of yoru bankruptcy packet.
Well I tried contacting HSBC Retail Services/Best Buy, but they were closed. So I called the number on the letter from the attorney, and they state that I owe $2,900. They want me to settle for $1,050.
The woman from the attorneys office stated something that I think is kinda important: They said that they would not be issuing me a bill of what I owed. So that gives me the impression that maybe they legally aren't able to get me to pay them back. The letter did state "voluntary surrender" so maybe I don't have to give the stuff back to them or pay for it.
As far as what my Bankruptcy forms stated, I had assumed that since the Best Buy charge card was like a credit card, that it was an unsecured debt. I had told my attorney about the purchases, but they were bought more then 90 days before I filed... However, the items were not specifically spelled out in the paperwork that was filed with the BK court.
I will be contacting HSBC Retail Services/Best Buy tomorrow and I will post what, if anything, that I find out.
I've heard of them doing this a few times, its there "legal" way of trying to get something out of you. The items you purchased on this card are "secured" if you read the agreement. So they are saying either pay us some money or we want the "collateral" back. 99% of the time it is just a tactic, call them back and say come get your "collateral" call me with the arrangements for you to pick up. Most likely you'll never hear from them again. What are they going to doo with used merchandise.
DO NOT GIVE BASS AND ASSOCIATES A DIME! They are not attorneys and will swindell you our of everything. They are not a licensed debt collector and have been sued numerous times. They run from state to state.They started in FL and are supposedly now, located in GA.
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