Amx didnt accept pay 2 del nxt step

Discussion in 'Credit Talk' started by MannyL, Sep 16, 2004.

  1. MannyL

    MannyL Well-Known Member

    According to the the reports I pulled from Mycreditkeeper.com American Express is the only current charge off showing and I'd like to get them off my report. I have one other charge offs showing paid and OK status that I will be working on as well. I sent a letter to them via PlanetFeedback and this was their reply

    Dear <my name>:

    Your recent e-mail has been received in the Executive Offices of American
    Express. Mr. Chenault has asked me to respond on his behalf and I
    apologize for any delay in my response.

    We are certainly sympathetic to the situations you have described. At
    American Express, we attempt to work with our Cardmembers whenever
    possible. We are also aware that certain unexpected circumstances may
    arise which will cause a delinquency in the account. However, it is also
    important to understand that the continued success of our business depends
    upon our established payment guidelines, which support our business goals.

    Please know that American Express is no longer attempting to collect the
    debt on the account. Therefore, we are unable to establish formal payment
    arrangements. Should you wish to make payments on the balance, you may do
    so. However, since the account was not maintained in accordance with our
    Cardmember Agreement, an unsatisfactory status will continue to be reported
    to the credit bureau agencies and will remain on your report for the length
    of time governed by the Fair Credit Reporting Act.

    Mr. Levy, thank you for taking the time to advise us of this matter.
    Perhaps future circumstances will allow us to resume our relationship.

    Sincerely,

    Nicole Vernon
    Executive Assistant

    From what I read here a paid charge off is as bad as an unpaid one and if they are not going to attempt to collect the debt I have no incentive to pay them other than the ethical fact that I did owe this money to them. Below is my original letter

    Dear Mr. Chenault,

    I am writing with a question about the billing or payment at American Express Company.

    It has come to my attention that I have an account that your firm charged off. The account number is <act #>. According to the information I found on my credit report I owe your firm $311.00. I readily admit this is a valid debt that I owe your firm.

    It came into being because I had lost my job and was unable to pay my bills for a while. I have since found full time stable employment with a job where I make significantly less per week than I made before.

    I understand this is no excuse for not paying a debt I have incurred and would like to make three payments to pay this off. In exchange for paying the full debt I owe I would like you to either delete this account from the information you provide the credit bureaus you report to, or update it as paid in full, not late.

    If you agree to this, the first payment would be made no later than 21 days from receipt of your agreement in the amount of $150.00 the second payment would be made four weeks later in the amount of $150.00 and the last payment would be made four weeks after that in the amount of $11.00 totaling the $311.00 I owe.

    Thank you for considering my query. I look forward to your response.

    Sincerely,
    <me>
     
  2. supershawn

    supershawn Well-Known Member

    I highly recommend you edit your personal information out of your post.

    While you did delete it from several spots, it still exists- plain as day.
     
  3. tr1252

    tr1252 Well-Known Member

    A I mentioned previously to you, Amex is really tough to deal with. How old is the CO that you have with them? If it's like 5 or 6 years, and beyond SOL, then just live with it - you've lived with it this long. And yes, a paid chargeoff is just as bad (if not WORSE) than an unpaid chargeoff.

    I went through the same thing with them, offered payment in full for deletion. They wouldn't budge. Fortunately, that account has aged off of my reports.
     
  4. MannyL

    MannyL Well-Known Member

    It is from 2001 so it will report until 2008. Was hoping to have it gone by December when I start looking for housing.
     
  5. tr1252

    tr1252 Well-Known Member

    That sucks. That's also somewhat recent. I don't know where you're located, but you could still be within SOL (although it's not a lot of money).

    In addition to Amex being tough to deal with regarding pay for deletion, they've come back and verified everytime I disputed (about 10 times!).

    You might be stuck with this one. At least it will have less impact as it ages. Good luck!
     
  6. MannyL

    MannyL Well-Known Member

    I wanted to double check the date so I went to the myfico I purchased and saw

    Date of Last Activity December, 2000
    Date Closed September, 2001

    So if from Last Activity it will fall off December of 07 but in NJ the SOL is 3 years could that be why they won't be pursuing collections on it.
     
  7. Mongrol

    Mongrol Well-Known Member

    the SOL in jersey isn't 3 yrs... It is 4 years for somethings, and 7 years for most, look it up
     
  8. KevPochop

    KevPochop Well-Known Member

    AMEX has the OASIS program. If you pay your bill in full they will give you a new account. That might be incentive enuf to pay your bill.
     
  9. MannyL

    MannyL Well-Known Member

    From the reponcse I got when I called Amex re the Oasis program I would not qualify for it. I'll end up paying it in a few weeks when I get paid for a computer repair I did
     
  10. fun4u2

    fun4u2 Well-Known Member

    does your states laws allow restrictive endorsements?

    if so you can write that on the back of your payment and if they cash it then they are bound by it's terms
    such as stating cashing this instruments constitutes amex agreement that this acct will be deleted from all my credit reports and is considered paid in full.

    then if they do not follow through after they have cashed the item it is considered breach of contract in which you can sue for relief.

    this method ONLY applies IF your states laws allow restrictive endorsements.


    hope this helps :)
     
  11. pd11604

    pd11604 Well-Known Member

    From legal website www.carreonandassociates.com:

    Once a creditor deposits or cashes a full payment check, even if she strikes out the words payment in full or writes "I don't agree" on the check, she can't come after you for the balance. The states in which this law is enforced:

    Arkansas
    Kansas
    Louisiana
    Maine
    Nebraska
    North Carolina
    Pennsylvania
    Utah
    Virginia
    Wyoming Colorado
    Connecticut
    Georgia
    Michigan
    New Jersey
    Oregon
    Texas
    Vermont
    Washington

    hope this helps
     
  12. MannyL

    MannyL Well-Known Member

    Re: Amx didnt accept pay 2 del nxt

    fun4u2 and pd11604

    Thank you both for the information on the Restrive Endorsement I will have to have a friend who understands law better than I do help me look up the statue in New Jersey for this so I can be more versed if I have to bring it to court after I (hopefully) get the check cashed.

    I want to make sure I understand this from what I was able to read.

    I get a certified check or money order made out to Amex and on the back of it I mark it, cashing of this check shows your agreement to mark my account paid in full never late with any credit reporting agencies you deal with.

    I then wait for the check to show cashed by my bank and if the credit report is not updated with the paid in full information I then sue them in civil court for $1000.00 and agree to drop the case if thye delete my information

    Do I understand that correctly?
     
  13. pd11604

    pd11604 Well-Known Member

    Re: Re: Amx didnt accept pay 2 del nxt

    Make sure you and / or your friend know the law concerning restrictive endorsements....there are different specifications as to the exact wording that needs to be used, and also different specifications for the size of the printing of the wording

    may be best to run your plan by a lawyer
     
  14. MannyL

    MannyL Well-Known Member

    Re: Re: Amx didnt accept pay 2 del

    Thats why I need to find the UCC code so I can have what I plan to put on it reviewed
     
  15. pd11604

    pd11604 Well-Known Member

    Re: Re: Re: Amx didnt accept pay 2 del

    Commercial Transactions and Uniform Commercial Code, see N.J.S. Title 12A.

    maybe you can start by looking here:

    http://www.njlawnet.com/com.html
     

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