This is my scenario my business Amex bill is 4-5 months old. account went to collections which is nationwide credit. nationwide credit has had the account for 4 days, told me she came into work so she can help me...she asked how was I going to pay the debt. I told her i was in the process of a refi, she told me to bad...amex is going to put a lien on my house on monday at 9am (today) and that I needed to pay her check by phone or by credit card before 9am. The she told me amex canceled my account, but would give me a credit card with a balance of half the amount due. Is that illegal? So when I called amex, they said it went to collections, and they have nothing to do with it anymore....they also said my account was canceled and I would need to reapply if I wanted another card. SO now I know this women is lying...what do I tell her so I can buy more time to pay this bill? I have every intention of paying it when my refinance goes through. Does she have to notify me by mail? Can I dispute it with her on the phone? Please help!
"I told her i was in the process of a refi, she told me to bad...amex is going to put a lien on my house on monday at 9am (today) and that I needed to pay her check by phone or by credit card before 9am. " "SO now I know this women is lying..." - That about sums it up. Putting a lien on your house requires getting a judgement against you first. That is not going to happen in 4 days, and she knows it. Also, isn't it wonderful how she is promising you that Amex will reopen your account when you pay her. If you are in the process of a refi, you will probably have to pay off the account to close the loan. The collection account will probably affect your scores, and the terms of your refi, but it sounds that as long as the refi goes thru, you will be paying them off at that time, regardless of what any CA threatens or does. Since you are proceeding to resolve this account within the timeframe of your refi anyway, you might try to drive a wedge between the CA and Amex, and force the account back to Amex, to pay them off directly in full, since that may be the most direct path to improving your credit after your refi. You could send a request for validation to the CA, CRRR, to let them sit. Indicate that it is inconvenient for them to contact you by phone, and that all communication should be in writing. They will have to sit anyway, until you refi. Several days after USPS indicates they have received your request for validation, dispute thru the CRAs that show their account. You could simultaneously write a letter to Amex corporate offices, outlining your conversation with their agent, the CA, including the deceptive threats and promises. Ask whether the CA's threat to "place a lien on your home on Monday was done at their direction, and whether they stood behind her promise of a new card. Include that you are working on refinancing to pay them off as quickly as you can, and expect to have this resolved shortly, but that because their CA is using illegal and deceptive collection tactics, you would prefer to work directly with them. Keep it businesslike. Your goal is to encourage Amex to want to distance itself from the CA's activities, and recall the account. Their incentive is to avoid possible liability for the illegalities that you have made them aware of, which provides the basis for recalling the account, and to cut the CA out of the picture for their violations, since you will soon be able to pay them anyway. You might be better off settling with Amex, both in terms of later reopening an account with them, and in terms of possibly getting the CAs account removed from your reports. You have nothing to lose, and it puts the CAs activities in writing, which may be useful if they engage in additional illegalities.
you are great! If i could hug you I would....thank you thank you. I spoke to the collection lady today, she told me she could give me wednesday. I told her I couldnt do anything for 15 days, she said oh well...guess I have to call your wife and let her know...I said go ahead...she then said she would contact the refi company and notify them that amex would be placing a lien. I told her that was illegal and she told me I signed a contract stating she could call any of my creditors and discuss my financial problems. I told her to prove I sigen a contract and then she rushed me off the phone and hung up. How crazy! So if I send her a letter of validation, that should buy me 30days so I can finish the refi and get amex to take control of the debt.
"guess I have to call your wife and let her know..." Why? Is she your marriage councelor? Or is your wife's name on the account? No guarantees in any of this, but if you don't push, you don't get. While you are waiting for your refi to go thru, what have you got to lose by attempting to push things in a better direction. You already know what you are dealing with with her. You are just a commission if she gets your payment by the end of the month. Yes, she has to send you a letter following her initial contact by phone within 5 days, and it must include your right to request validation, your right to request the name and address of the original creditor, and that if you don't dispute it within 30 days, they will consider it valid. But based on her behavior so far, don't count on her sending this. Go to the FTC site and read the FDCPA to see the full range of requirements, and where she is violating them. Realize, however, that if this is a business account that was not used for consumer purchases, FDCPA might not apply. You might still be able to use the uncertainty to negotiate to your advantage. Be aware that your lender may contact both Amex, and this CA if they have their TL on your reports too, before closing on your loan, and may require you to settle the account as a condition of closing. Technically, it might put the CA in a legally sticky position if you have requested validation, they have not provided it, and either your lender asks them about the debt, or they contact the lender themselves. They would be collecting without validating. If she does screw up your credit, or possibly even your refi, you want her to do it after receiving a validation request that she has not responded to by forwarding validation form Amex. Note her behavior when you disputed the debt (that is what you did when you asked for a signed contract). She does not want you to dispute, or request validation, and would rather be able to claim she has no knowledge of any such dispute. To be effective, it should be in writing.
I am feeling so sick right now... her supervisor called back....she said 'the account goes to her desk before it goes back to the client'. I told her that the first person violated serveral FTC laws and that I was going to be getting a new credit card when I paid this bill..she then laid into me and told me there was no way she would violate the laws and a relation ship with amex for a small account like mine...amex does have this program no matter what the customer service reps said. I told her I would pay this debt in the next 15 days but it has to be on my terms she then scolded my like i was a child telling me I had my chance its their time to set the rules pay by the 28th or numerous things will happen, they will contact all my creditors and share my personal info with them (per the terms I agreed to) and numerous other things...i told her lady look, I am not a deadbeat...you asked me how I can resolve this, I am telling you how I can and when it will take place, but I am not going to rob a bank to get you this money...she said by stating that I was refusing to get amex the money and then she stqared scolding me again...i dont think she heard me when I said goodbye, she was still talking when I hung up...rrrrr...my stomach is turning...and I never never feel this way... Yeah, I had some financial hardships but F**K i told them I would pay it..
What did you expect? An apology? They know what they are doing. It is intentional. Act accordingly. If they are violating, why waste your time telling them that. In fact, why talk to them on the phone at all? The only problem with their good cop-bad cop CA routine is they are playing bad cop-bad cop. You will pay when you pay, since that is based on where your money will come from. Any discussion with this CA is non-productive. You do, however, want to make sure the debt they are collecting on is in fact the debt you owe Amex. You want to make sure your payment will in fact pay off that debt. Request validation, and request that they not call. In writing, CRRR. If you want to complain to Amex and try negtiating with them, fine. Or don't. You are wasting your time talking to them, and possibly tipping your hand. Either way, you will pay this off, and in a timeframe faster than if they started legal action. If Amex still owns this, that is Amex's decision anyway. As far as her implication that it was her decision about whether the debt went back to Amex, if Amex owns it, and has assigned it, it is Amex's decision. You are getting the same BS from the supervisor as from the first caller. They sound like the power company is about to cut off their electricity. Have you done any searches on them, to see if they are in any trouble? Sometimes it is entertaining.
you are right...i dont need to deal with this. I havent commited a crime and I intend to pay. Why put my self though this. I will request validation and send it to them over night. I could use a good laugh...I will search and see what I can find on them. Man, what a head game they like to play. Ontrack, thanks for helping me get my head around this thing! I appreciate you help and the time you have taken in walking me through this!!!!!!!!!
either that or these guys: http://www.ncirm.com/ I guess there is 2...looks like the one I posted might be the one...they boast 57 years abd the supervisor said amex has been a client for 54....either company...some peace of mind.
You might want to get their contact address straight from Amex. Based on what you have seen so far, all communications should be CRRR.
so sending out the validation letter will stop the collection efforts for 30days or till they validate the debt? If they have not placed it on my credit report yet and I send it to them tomorrow morning, technically they have to validate it first?
Maybe USPS Express Mail. Although if it is in the same state, First Class, Certified will probably get there as fast. It might stop it, but from what you have seen, don't count on it. Technically they should validate before continuing to collect, whether collection is by additional calls, letters, or putting it on your reports. You probably want them to validate, also, to ensure when you pay, especially if you have to pay them, you are actually paying on your account, and not someone else's, and that the amount you pay is correct. In a sense, Amex and the CA are doing what is in their interest: trying to collect while expending the minimum to do it. Actually going to court gets more expensive and doesn't always get a better return, or payment any faster. About how much money is involved? What would you do in their position, looking at the debt, and your credit reports?
that makes perfect sense. I am dealing with people who are realy hungry to put this to project to bed. Well, I will send out the validation letters tomorrow once I find out the correct addres. Wish me luck. Hope fully I can buy enough time for this refi to go through. My credit is perfect, only recently have fallen behind. I have no other lates, just some debt from credit cards that I had to use to get by this rough period my family and I had. I can understand where they are coming from....but I cant understand why they would jeaprodize my refi...no one wins in that situation...then they have to take me to court, etc. What they should do is have me provide a letter from my broker with the loan approval and loan amount. That would make more sense to me. By the way...what do you do 'ontrack' you know alot about this stuff.
