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AMEX, aggh!


ynkewmn
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Hey everybody, Newbie here!! You probably will get to know me real well as will be asking alot of questions! I am shellmis's sis.. She is telling me great things about you Metthus, and others.! I appreciate your help to my sis!

My question;

Is an AMEX business card not covered under FDCPA rules? I have an account with them that was turned over to United Recovery Systems,INC.

Sent them a VD letter, no response.(also no licence in my state), AMEX sent me a letter that I ceased collection on the account! I ASKED FOR VALIDATION from URS! Anyway, getting calls on my business answering machine from AMEX now, after VD letter.. First call, left nasty message that if I don't return call now,, they were going to look for my personal/business assets on Monday! I don't normally let messages be heard from customers, but a friend overheard the message. Anything I can do? Isn't this a violation even if not covered under FDCPA? I saved the message.

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Generally FDCPA laws protect consumers, not businesses. With regard to business cards, not only do some consumer protections not apply, but the creditor can revert to the personal assets of the cardholder as well if an SSI number was provided on the initial application for the credit line.

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Hey everybody, Newbie here!! You probably will get to know me real well as will be asking alot of questions! I am shellmis's sis.. She is telling me great things about you Metthus, and others.! I appreciate your help to my sis!

My question;

Is an AMEX business card not covered under FDCPA rules? I have an account with them that was turned over to United Recovery Systems,INC.

Sent them a VD letter, no response.(also no licence in my state), AMEX sent me a letter that I ceased collection on the account! I ASKED FOR VALIDATION from URS! Anyway, getting calls on my business answering machine from AMEX now, after VD letter.. First call, left nasty message that if I don't return call now,, they were going to look for my personal/business assets on Monday! I don't normally let messages be heard from customers, but a friend overheard the message. Anything I can do? Isn't this a violation even if not covered under FDCPA? I saved the message.

Ahhhh, AMEX. My personal bane.

First, did you sign anything to get the Corporate card? This is important because it means the difference between being an "authorized user" and being an "obliger" on the account. Did the company pay the bill every month or did you on a reimbursement basis? Are you still employed with the company that the card was issued through?

Second, there is no provision in the FDCPA to prevent the original creditor from calling you. You can only stop collection agencies using the FDCPA. Under contract law, AMEX has to provide an equivalent to validation if you dispute the debt. So you should send a letter to AMEX saying you dispute the amount in full and you want copies of any documents you signed and a complete accounting of the balance. give them 30 days to reply.

Don't go quoting any laws unless you are absolutely sure they apply. misquoting a law in your letters can bring about further problems. Once they get your letter, the Fair Credit Reporting Act says they must list it as disputed on your credit reports if they have reported tradelines. I wouldn't tell them this in your letter, since they are well aware of it...they just will think you are not. They also will be unable to get a judge to do anything against you unless they respond to your request for information. Sure they could try, but you just produce your dispute paperwork and the judge has to rule in your favor.

Check the addresses on what you got. URS may be doing the work under AMEX's name (That is and FDCPA violation). Also check your credit reports a couple times during the 30 days to see if AMEX is complying witht he FCRA. They probably won't. If you see that they are not listing it as disputed, you can sue them for $1000 for each credit report.

I'll tell you now. AMEX are hard-asses. There is little room to negotiate with them. Even with an offer to pay, they will not do anything to help your credit report beyond what the law says they have to do. The only sucessful way to deal with them is if you have more leverage over them than they have over you. A potential $3000 judgement in your favor on a $1000 debt they are trying to collect on will get their attention and make them more agreeable. So keep all your documentation, even the envelopes that any correspondence is sent to you in (postmark shows when it was mailed). And get ready for a knock-down-drag-em-out war of attrition.

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Thanks for the imput guys! Figured AMEX would be tough. They weren't very negotiable from the beginning. I am the authorized user on the account, if I signed anything, don't remember but probably did.. The collection was sent to URS. URS's letters are replying with; This office has been hired as a debt collector. We are required..........purpose. OK, so they are not AMEX, I will check the address as I think they are both in HOUSTON, TX.

CRA, CR TL listed as AMEX, wrong acct. #, not disputed (The 30 day period is up this week) . This is under one CRA, haven't checked the others. So I should go another VD round with AXEX this time?

A little confused with who I should be dealing with here.

Nothing I can do about the harrassing part of the phone message?

One would think under any rules, they couldn't say that.

Thnx again, have a good weekend!

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Thanks for the imput guys! Figured AMEX would be tough. They weren't very negotiable from the beginning. I am the authorized user on the account, if I signed anything, don't remember but probably did.. The collection was sent to URS. URS's letters are replying with; This office has been hired as a debt collector. We are required..........purpose. OK, so they are not AMEX, I will check the address as I think they are both in HOUSTON, TX.

CRA, CR TL listed as AMEX, wrong acct. #, not disputed (The 30 day period is up this week) . This is under one CRA, haven't checked the others. So I should go another VD round with AXEX this time?

A little confused with who I should be dealing with here.

Nothing I can do about the harrassing part of the phone message?

One would think under any rules, they couldn't say that.

Thnx again, have a good weekend!

DV doesn't work on original creditors. They are not bound by the FDCPA. But if the calls are coming from a CA hired to do AMEXs dirty-work, then a C&D should stop the calls (didn't for me, but that is just ammo)

If you are only an authorized user, then Johnson v MBNA should be of interest to you. In this case, an appeals court ruled that an OC cannot go after an authorized user for unpaid debt, regardless of past payment history on the account.

Phone harrassment by the OC can be handled by the Federal Telecommunication Act. There are provisions in there about harrassing calls in general.

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  • 2 weeks later...

Authorized users don't have to sign anything - the person who's account it is just tells AMEX who they want on their card. If is your card then you have to sign something, AMEX will check your credit and you will be issued a card.

I worked at company and AMEX was our corporate spending card. But the way it was set up was each person had their own account, which was there's - not the companies, after business trip or business expenses the owner of the card (employee) would submit an expense report and get paid by the company and in turn pay their AMEX bill.

I know this cause I am the one that set it up. So I have a feeling this is what happened to you.

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Authorized users don't have to sign anything - the person who's account it is just tells AMEX who they want on their card. If is your card then you have to sign something, AMEX will check your credit and you will be issued a card.

I worked at company and AMEX was our corporate spending card. But the way it was set up was each person had their own account, which was there's - not the companies, after business trip or business expenses the owner of the card (employee) would submit an expense report and get paid by the company and in turn pay their AMEX bill.

I know this cause I am the one that set it up. So I have a feeling this is what happened to you.

True it can be set up that way. But in my case, I never filled out a credit app or signed my name to any contract. AMEX took my former employer's name (the obliger) off the account when they went BK, leaving only my name. To anyone who doesn't try to dig up the contract on the account, it ends up looking like it's mine. AMEX refuses to produce the contract on the account and I've had a hard time getting it removed as a result. Court, it seems, is going to be the only way to force them to produce any kind of documentation.

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that sucks. how long have you been fighting this?

A little over 3 years. Bounced 4 of their CA flunkies in the process. Now that the case I cited above is done, I have some precedent to layeth-the-smacketh down upon them. Going one more round of letters with them, then filing suit if they choose to continue this to it's final stupidity.

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