NeedHelp4Me Posted October 28, 2009 Report Share Posted October 28, 2009 Hi All!I'm new to this forum, but have been reading up on a lot since I received a call from CollectCorp yesterday at my work. If anyone can please advise what I should do next would be greatly appreciated! Here's my situation, I apologize in advance for the lengthiness:Last year my bf added me as an authorized user on his Amex account, but things didn't work out between us and we split earlier this year. I did use the Amex when we were together, but told him (and he did) remove my name off his account; this was June of this year. So yesterday, I get a call from a man from CollectCorp at work telling me that my bf had defaulted on his amex card and I'm responsible for paying it now since I had used the card as well. I told him I needed to speak with my ex-bf first to find out the situation, but of course he demanded a payment from me immediately. Anyways, I spoke to my ex-bf last night and he told me he's hasn't been able to make his amex payments (he owes around $8K). However, he was able to log into his Amex acct on amex.com, eventhough there was a note saying that his card is cancelled, he was still given an option to submit a payment for his amex account online. So here's my question, if he makes a partial payment online via amex.com, will that stop the CA from calling me? Also, am I really responsible for the debt if he can't pay? PLEASE HELP! Thanks!! Link to comment Share on other sites More sharing options...
unusualsuspect Posted October 28, 2009 Report Share Posted October 28, 2009 Send a DV letter to CollectCorp. Inform them that calls to your workplace are not allowed. That will get CollectCorp off your back. If you were removed from ex-bf's account when you split, there is no way that you can be held responsible for the balance. So, I would check and make sure that your name was taken off the account. Link to comment Share on other sites More sharing options...
NeedHelp4Me Posted October 28, 2009 Author Report Share Posted October 28, 2009 UGH! After telling them not to call me at work, I just received another call at WORK from CollectCorp about ex-bf's account!I will send them a DV letter today.How do I verify that he had taken my name off the account? Thanks for you help! Link to comment Share on other sites More sharing options...
willingtocope Posted October 28, 2009 Report Share Posted October 28, 2009 Just so you know...collection agencies will say practically anything to get someone to cough up money. They really don't care if its the person who actually owes the money. So...As just an "authorized user" you have no responsibilty for paying this debt, even if you're still listed as such on the account. The account would have to be "joint" for you to be liable...and, in either case, if your ex removed your name, you're off the hook.Personally, I wouldn't bother with a DV letter. This isn't yours. The next time they call, give them your ex's number and tell them you have no responsibility for that account. Tell them if they persist in contacting you, you'll seek legal counsel. Link to comment Share on other sites More sharing options...
NeedHelp4Me Posted October 28, 2009 Author Report Share Posted October 28, 2009 Thanks willingtocope! I will call them back and let them know...I don't want them calling me at work again tomorrow! Link to comment Share on other sites More sharing options...
Flyingifr Posted October 28, 2009 Report Share Posted October 28, 2009 As an AU you have no legal responsibility for the account. Tell Collect Corp to pound sand and that if you ever hear from them again on this matter they will get sued by you. Link to comment Share on other sites More sharing options...
NeedHelp4Me Posted October 28, 2009 Author Report Share Posted October 28, 2009 Thank you for your responses! I feel so much better now; I have been so stressed out ever since I received CollectCorp's phone call at work yesterday! And for them to call me at work again today, I was absolutely horrified! So to clarify, since I was only an AU on ex-bf's account, I'm not legally responsible for the debt, right? Also that I shouldn't bother sending them a DV letter, since its not my account?Thanks again for your responses...it is GREATLY appreciated!! Link to comment Share on other sites More sharing options...
NeedHelp4Me Posted October 29, 2009 Author Report Share Posted October 29, 2009 Actually I do have an additional question, since ex-bf removed me as an AU on his amex then should the CA be discussing his account with me?Thanks! Link to comment Share on other sites More sharing options...
willingtocope Posted October 29, 2009 Report Share Posted October 29, 2009 Probably not. Technically, you are a "third party" and the FDCPA specifically prohibits discussing debts with third parties. And, the third party can sue under the FDCPA for such things. Depending on how agressive you want to be when you talk with the CA, you might point that out to them as one of the things you'll talk to your lawyer about. Link to comment Share on other sites More sharing options...
NeedHelp4Me Posted October 29, 2009 Author Report Share Posted October 29, 2009 I'm planning on sending them this letter...any opinions/suggestions would be greatly appreciated! Thanks again!Collect Corp Inc.300 International Drive, #100Williamville, NY 14221RE: American Express #<xxxxxx>Dear Sir or Madam,This letter is being sent to you as a courtesy, in response to the numerous phone calls made to me at my place of employment despite being told specifically not to contact me there. You will not receive any other information from this address. The debt associated with the above account number was incurred wholly and singularly by (ex-bf's name). This is an individual account only and IS NOT a joint liability. Therefore, there is no other individual responsible for this debt. Restitution for any liabilities and/or debts associated with this account will be handled directly through (ex-bf's name). Therefore, please refer all/further communications to:Ex-BF NameHis AddressHis phone numberPlease consider this letter as my official CEASE AND DESIST ORDER to you. You are hereby warned that you are not allowed to contact me by telephone, mail, email or any other type of electronic communications. Further communications of any type by mail to my address in the name of 9ex-bf's name) or to me in regards to this matter will result in the envelope or parcel being destroyed/disposed of without being opened.You are hereby forbidden from making a “hard pull” or “soft pull” of my credit information from any credit reporting agency (TransUnion, Experian, Equifax, and others) without my express written authorization. You are warned that my credit profile is being actively monitored. Should you choose to look into my credit information you will be reported to the credit bureaus as having committed a “non-permissible” credit evaluation. I will also file a formal complaint with the proper authorities including the Federal Trade Commission for retaliatory action against a consumer for exercising state and federal consumer rights. Litigation will follow should you continue to refuse to comply with state and federal law.Thank you for your time and attention.Regards,XXX Link to comment Share on other sites More sharing options...
willingtocope Posted October 29, 2009 Report Share Posted October 29, 2009 Worth a shot. (Since they'rs an OC, the FDCPA cease and desist "order" doesn't really apply to them, but, it doesn't hurt to spell it out for them). Link to comment Share on other sites More sharing options...
NeedHelp4Me Posted October 29, 2009 Author Report Share Posted October 29, 2009 Doesn't California's Fair Debt Collection Practices Act apply to both the OC and CAs? I've been reading the collection law in California sticky! Link to comment Share on other sites More sharing options...
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