ok, this is sort of a repeat of my last post. DH had 2 amex accounts that went into collections in Nov of last year, paid the balances due in full to the CAs. His report shows no lates, just the "closed by credit grantor" notation. 2 months later, he got a statement from one of the closed accounts showing a credit. A month later, amex sent him a check for $108 to zero the account again - we assumed we had overpaid the CAs. Well, in march he got a collection notice from a CA about the $108. We sent a val letter crrr, and we never received a response. Got a settlement offer from Amex in Sept for $90. He faxed them a dispute letter, and copies of our val letter to the CA and got no reponse except a call from Amex on his cell last week demanding payment. Today he recieved a letter from yet another CA for the $108, which we will respond to with a val letter crrr. Assuming we don't receive proper validation in 30 days, is there anything we can do to amex to force them to prove it or drop it? Can we ITS them for failing to provide proper validation when requested and yet continuing to attempt collection? So far this matter is not appearing on DHs credit report, and we want to keep it that way. Thanks Poochie
Why don't you send a letter to their CEO? Outline the whole situation, that you had thought the matter was paid and settled in good faith, but then you received a check, followed by a new demand for payment, which is ridiculous. You need an accounting of your current balance with Amex, which may be either a debit or credit balance, consistant with your settlement with them, so that your account can be cleared up without damage to you caused by their errors.
Yes I certainly could and that approach might very well get us where we need to go, but I'm wondering if there is any procedure indicated by FCRA or FDCPA which requires them to provide an accounting of the debt, outside of the validation demand which has to flow through the CA. Thanks! Poochie
If one channel is unreliable, use another. The law will not fix incompetence. Amex generally has a good reputation, and they are likely better than a CA at being able to fix this. The CA has no stake in fixing errors, only in collecting the bill in front of them.
Excellent! I'll do an on line search for FACTA this evening. We snt a val letter CRRR yesterday to the CA, and I'll send copies of everything to Amex CRRR sometime this week. Thanks so much for your help! Poochie PS - I posted a while back on hippa and a $50 chargeoff on my husbands report pertaining to my daughters ER visit. As you suggested, we've tried a goodwill approach with the CFO and haven't gotten an answer yet but if that fails do you know if WhyChat's hippa letter still works or has that privacy loophole been closed? That dropped his already struggling score by 20 points. Thanks!
