American Express. two cards.. (hope i am right area, newbie member)

Discussion in 'Credit Talk' started by djdavisla, Dec 3, 2008.

  1. jjgross

    jjgross Well-Known Member

    You don't lose you house with a bk 7 it's simply not true
     
  2. djdavisla

    djdavisla Active Member

    hope you all are not tired of this, BUT........

    so, today i get a letter from american xpress......... director of american express, looks like a form letter, but says, WE WANT YOU BACK, please call our atty , and arrange for payments so we can get you a new optima card..........so , this is the platinum card atty, who i agreed to pay 1,000 per month, which i can do, but the amx black card atty wants 5,000 per month, and i have little money. so will call tommorrow, see if they can get the other card attorney to agree, but is all this just being generated by their system, no personal contact here? is this pointless?
     
  3. djdavisla

    djdavisla Active Member

    Wow , Silence Is Deadly Here

    ok.so i gather that silence here is how the board says............... YOUR COOKED.? GUESS I MUST DECLARE BANKRUPTCY.......... DAMN, WANTED TO WORK THIS OUT............... if anyone comes up with ANYTHING, please let me know, thaks so much for everyones help so far.................night
     
  4. djdavisla

    djdavisla Active Member

    Amx Now Suing Me In Court

    ANYONE? ANY IDEAS...the attorney says i must responsed by jan 13th. from what i have read on the board here, i was very caustious about agreeing that the debt with them was valid, but of course in tons of previous letters to amx, nat cred, the other attorney, but they kept asking me on the phone, which is of course recorded... "ok so you acknowledge this debt? does the amount look correct. so i was leary, i said, no, I am unsure at this point , if we cannot work out an amount that I can pay monthly once we determine what I owe, well, i need to get advices, he said do you have an attorney, i said, well,, i have talked to different people, he said so, are you going to declare bankruptcy? i said i had to go and would get back to him, anything else i can do?
     
  5. mylateamex

    mylateamex Active Member

    I have no advice for you, except to commiserate and say that I hope things get better for you soon. At age 65 I don't feel emotionally equipped to deal with attorneys, liens, etc. and while the damage to my credit may have been done, the guvmint is doing such funky things for banks and corporations at the expense of the little guy--and I ARE one--that I just don't want any debts hanging over me in the coming years. Ever heard of debtor's prison?
     
  6. catleg

    catleg Well-Known Member

    It takes two to tango, and two to create a loan that goes sour. Despite the best of intentions the lender bears an equal share of the blame, it is likely that they did not lend responsibly, and certainly if you were on a payment arrangement with them and they made the situation so confusing that you couldn't comply, or did not know where the money was going, well, my conscience would be clear.

    This kind of stuff is what bankruptcy is for, if nothing else, it serves to back the creditors off and let them know the true severity of the situation, since they assume you're bluffing until proven otherwise (because they don't do proper due diligence before making the loans, or extending credit).

    Just try to strip away the guilt and anxiety and treat it as just another business transaction. How you got there isn't important, only the here and now and going forward.
     
  7. djdavisla

    djdavisla Active Member

    Catleg... I do appreciate your response.But I have to point something out here. I often read comments ,mostly in the mtg help forums. about how reckless loans and mtgs were made. made to people who could never have made the payments. and there are many cases of that. but what is happening more so now as this economic crash moves into the different areas of people , well there are many people who made great incomes for (in my case 20+ years). so american express here was not lax in lending me money and letting me charge large amts on my cards. because i always paid it back and on time. up until last june 2008 I had a 700 plus credit score and had for almost 15yrs. what everyone must realize is just like one day you can wake up with a lump that you never had andsuddenly you are facing a horrific disease.same with the economy the way it is right now, your economic world can change in a matter of months when your successful business stops almost overnight.you go through savings, credit cards... believe me it can happen to ANYONE.so you deal with it, i did nothing wrong, i was responsible,amer express did nothing wrong in lending money to me, i was a prime candidate for such cards..and i paid them off each month. what i feel is wrong is now not trying to work with me to get them paid off. Also them not realizing that the govt helping them , allowing them to join the banking system , sort of a bailout, well, how bout they help me out? strange all of this is working. seems like the consumer is picking up the tab but getting none of the benefits
     
  8. catleg

    catleg Well-Known Member

    I agree with you, it's not right. In fact it's even stupid from a business sense, not working with people who are willing to pay. Just shows they are not as competent as they'd like everyone to think they are.
     
  9. catleg

    catleg Well-Known Member

    Back to your original question...is there some reason for you to not declare bankruptcy? Reading between the lines it looks like you are prepared to pay up to $3000 a month on a total of about $110k of debt. Also it sounds like these were run up on the "charge card" and not the revolving credit card, correct?

    So if you paid them 3k a month you'd be done in about 37 months not counting interest. That certainly does not seem unreasonable. I think you need to write a letter to the Amex CEO office stating what you owe and what you are willing to pay and ask them why can't they figure out a way to make it happen?

    There used to be a thing on the web called planet feedback that was good for this, but I haven't checked to see if it is still around.

    If Amex is too stupid to take this then file a 13, I think if you're willing to pay 100% then you can confirm a 3 year plan. Remember that in a 13, you can deduct from your disposable income all contributions to a 401k plan as well as all loan repayments to a 401k plan. This is a lovely thing and the only good thing to come out of BAPCA.

    Depending on your income, assets and other debts this could reduce Amex's recovery dramatically, another reason it's better for them to make a deal with you.
     
  10. djdavisla

    djdavisla Active Member

    latest AMX NEWS

    So, first off..........thanks again to everyone who has responded i truly appreciate all your comments and help. I had not heard anything or gotten any phone calls on my two amx accounts 1. 95,000 2. 15,000 . but then yesterday. a tenant from a rental house my sister and i own, called said someone dropped off a notice that i am being sued. well, for about 5 secs i was embarrassed since it was in no wrapper , nothing , just the whole details and all for our tenant to read. not sure why law firm would deliever it there, i was not even on title till a few months ago, and my home address is all over the paperwork, also they did not require and signature, the attorney for amx is in orange county they are suing me for 95,000 in santa monica court it says i have 30 days to repsond, but i just got this last night , its doc stamped the 7th of january 2009 . seems odd, that they just deliver it now. so.. reminding, i wanted to pay , 2,000 on the 95,000 just for about 6-8 mths when i can try to raise the money, i got phone call from general counsels office of amx. but she offered no help, i have not called the attorney who is representing amx, because i found out that "with my good intentions" i was a fool and offered past attornerys and collections people to much information and ammunition against me... SO? ANY SUGGESTIONS WHAT I DO NOW? thanks so very much................ Davis. I am due in court Feb 7th 2009... last page of summons says i may qualify for new program of arbitration , informal process NON BINDING assist in settlement? should i do this? thanks
     
  11. catleg

    catleg Well-Known Member

  12. djdavisla

    djdavisla Active Member

    Thanks again, everyone for your help. yes i do have assests, i have tried to sell different properties, but always afraid i will lose my good tenants , and not sure if the properities have any equity left in most of them the decline has be really severe, i have done all my own modifications , but my business income is has really dropped dramatically, I am selling one asset that i hope will get me some money to pay people and amx. just really depends on when and if it sells and how much i get, but yes, the amounts are in the millions that i owe.so, have hung on for almost a year now, would prefer to be able to stall to be able to liquidate some things, what are the options here? with assessts that appear in the millions, but with debts and mtgs that are also in the millions, is there a way to hold off this judgement from amx (that will probably happen ,cause i have acknowledged that i owe the debt) there is no judgement yet, i have to go to court on the 7th of febuary, if i call this attorney on monday, can anyone offer me any advice as to waht to say? ask? not say? thank you, they always ask if i have started bankuptcy yet.. any ideas?? thanks again
     
  13. djdavisla

    djdavisla Active Member

    just checking to see if anyone has any ideas , should i call the attorney tommorrow to see if they are open now to a lower monthly payment? do i need to be careful what i say? also can anyone recc a good atty in los angeles who specializes in this stuff? thank you
     
  14. catleg

    catleg Well-Known Member

    I think you'd better get a lawyer yourself (not their lawyer).
    You can stall them for a while but you must file a response to their summons or else they'll get a default judgement. There are posting here about how to do it but in your situation you should probably spend a few bucks on this. Sorry I'm on the east coast so I can't recommend any lawyers. If you get a lawyer you may be able to work out a stipulated judgement with them and setup a payment plan. Otherwise plan (B) is to file personal chapter 11 BK. Your assets and debts are too big for chapter 13. The good news is chapter 11 buys you time and you may be able to impose a payment plan on them -- if they get paid at all.
     
  15. djdavisla

    djdavisla Active Member

    Thank you for your help. i will keep everyone posted just in case someone else runs into this problem, gosh with all the news about people losing their jobs and homes and banks failing, i am figuring many others must be in my same situation. its an eye opener, your life changes dramatically ... thanks again
     
  16. djdavisla

    djdavisla Active Member

    Update, being sued for 2 amx accounts

    So I was referred to top notch attorney. retainer is almost $4,000. seems so crazy, that is money i could give to amx toward my account. so , i thought , what does it hurt to call them last time and say that to get them to take my offer to pay $1,125 on the $15,000 account. and $2,125 a month on the $95,000 account.... just for the next 6mths till i can liquidate. well the small acount agreed and i called attorney for larger account and it seemed odd, this clerk asst. said no problem can you start paying us today, now do check on phone, i responded, well, i need something in writing and als that you will stop the lawsuit, he said oh ok, let me get that, my instincts say this is odd, please advise if anyone here knows what i should require before i send any money. thank s
     
  17. ccbob

    ccbob Well-Known Member

    a) I wouldn't do "check by phone" because it doesn't leave any paper trail (sure there's some obscure entry in your on-line account, but...)

    b) I wouldn't send one cent until you had some sort of agreement in hand.

    Remember, the clock on whatever statute of limitations might apply will be restarted once you renew an agreement or send them any money (even $.01) so be ready to take it to the end (pay it off, go to court, or wherever it takes you).
     

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