Ok I'll try to get all my facts straight here, and cut and paste the copies of the letters I've sent to them. This stuff has been going on for so long, I was just given this site by a friend of mine. A few years ago my former business partners and I opened an American Express "Blue for Business" card. This card was supposed to be for business use, however this card got linked to me personally and now is on my credit report as a negative item. The business has since dissolved (it was an S corp). This account has gone to at least 2 credit/collection agencies (by my counts) plus one collection agencies' lawyers. My latest letter I got was a letter directly from Amex again (a settlement offer!!) so I don't know if that means my letters are working (and the lawyers gave up and gave it back to Amex) or what. Anyway, here's my first letter to Amex, hopefully I don't edit out too much. And yes, it was sent on 6/5/2002 and makes some references to copies of paperwork I received from Amex. LETTER OF DISPUTE REFERRING TO AMERICAN EXPRESS ACCOUNT # [number] IN THE INTEREST OF [company], INC, [address] ROCHESTER, NY 14606 06/05/2002 [my name] (Vice President) [my personal address] [my phone #] To the attention of [persons name]: I, [my name, middle initial] (Vice President) hereby recognise on exhibit number 1, a credit card application agreement has not been certified as a copy of the original, and: a) Was signed in the capacity of [my name], authorizing officer (Vice President) and NOT [my name] the individual. Nowhere was it documented that [my name] in an individual capacity would be held responsible for any liability, nor was any information brought up as to the contrary. b) Has no date as to when the contract was established. 2. The application was for a American Express "Blue for Business" card, and not a "Corporate Optima" card as stated in the American Express paperwork. As noted by account number [#] in American Express statements to [company name], Inc. 3. I, [my name plus middle initial] (Vice President) hereby request certified copies of any and all original credit card slips, transactions, and statements dated from time of account opening to account closing (November 2001?), in regard to account number [#] to be submitted within 30 days. As within Federal law Title 15 USCS 1681 (Fair Credit Reporting Act) full disclosure. 4. I felt I did not receive proper disclosure of the credit terms surrounding this card because myself, the corporation, and it's officers did not have full understanding of the complete terms of the cardholder agreement, and as to whom does the liability for default falls upon?? 5. I am uncertain as to the whereabouts of said card as of 06/05/2002 and have no idea if any of the so-called charges are not fraudulent in nature. In that it will be the sole responsibility of American Express and its agents to bring forthwith any and all appropriate documentation to support their claims. Sincerely, [my name] [company name], Inc. Notes: 1b - the copy of the original application shows that it was not dated 2 - how did one card turn into another one?! 3 - No response was ever made 5 - again, no response After this letter there were just more calls from collection agencies, letters from another collection agency, then phone calls and a letter from that collection agency's lawyer, to which I sent this letter in reply. 05/07/2003 [my name] [my personal address] To whom it may concern: Enclosed is a copy of the letter dated 06/05/2002 which was sent to American Express stating they had 30 days to respond and validate their claims on this account. Their failure to do so forfeited any and all claims by American Express, its subsidiaries, retainees, collection agencies, agents, et al. to collect on said account, as of 07/05/2002AD or thereabouts. Furthermore, American Express and its agents have 30 days to remove any and all references on one [my name]'s individual credit reports, ie. Experian, Equifax, Trans-Union, or appropriate actions will be taken. Note: Obviously I sent them yet another copy of the 6/5/2002 letter, as pasted above. Their response within the 30 days was a settlement offer (no offical response, obviously quite bullet-plate) followed shortly thereafter with the settlement offer directly from Amex! Whew! Ok, hopefully I didn't lose anyone there. These letters were both drafted up with the blessing of our business lawyer (as in, the lawyer that represented our business when we were incorporated). I will add to this information if it is incomplete (ie I recall more facts later). I'm open to suggestions and insights as to what steps to take next. Oh yeah if I didn't make it clear already, I ran my credit reports and disputed the record. Unfortunately they somehow found it valid (and yes, I was pissed). Thanks. Adam
Little more info - I don't have my credit report right in front of me, but it did say it was "Charged off as bad debt" if I'm not mistaken. Also the amount (if it matters) was approximately $2200, the settlement offers that have come in have been 1/2 that ($1100). Either way it doesn't matter I can't afford either amount
