billychen131

Please help, what to do next after sending a cease/validation letter

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Hi, Forster and Garbus LLP sent me a collection letter collecting a debt for American Express Centurion Bank about 3 months ago and I mailed them back with a cease/validation letter.

 

Last week I got a package from Forster and Garbus answering my request, they've mailed me back with 3 copied Billing Statements.

 

No original card agreement, no proof showing that they're collecting for American Express

 

What should I do next???

 

please help, I lived In New York City

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You can't have it both ways. You either send a DV letter and get back what they send you or, you send a C&D which means they have one last chance to contact you telling you what they are going to do. They send the validation which means they hornored the DV part. You may have to resend the C&D as such.

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They did provide more than what the law requires them to provide. So DV is over. Now you can do many thing, hide and run, keep fighting, or just ignore them, among other options.

 

Now what you can do is Cease and desist them, or refuse to pay, same thing but different words, a refuse to pay is the same as a cease and desist, but it might get them into a FDCPA violation.

 

Try to study the FDCPA, get a recorder for your phone, specially if you got a cell phone.

 

The debt is still in the Original Creditor hands? and the CA is just trying to collect? if so you could also try to settle with the OC, but if you do everything must be in written, if it ain't in written it never happened.

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thank you for reply.

 

Sorry I send them a cease letter for them to stop calling me and only contact me through mail.

 

I believed that Forster and Garbus is trying to collect for American Express

 

RE: American Express Centurion Bank

Original Account Number Ending in: XXXX

Our Reference Number: M8700XXXXXX

 

 

What can I do next?? I'm unable to pay them for since i'm still unemployed after graduating. I don't want to get sued by Forster & Garbus. Please help

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You should send them a letter electing arbitration with jams.

http://www.creditinfocenter.com/community/topic/314030-the-strategy-and-steps-of-arbitration/

http://www.jamsadr.com/

http://webcache.googleusercontent.com/search?q=cache:ocy7e539_1YJ:https://www.americanexpress.com/us/content/cardmember-agreements/rewards-plus-gold.html+&cd=2&hl=en&ct=clnk&gl=us

 

Arbitration Fees and Costs

You will be responsible for paying your share

of any arbitration fees (including filing,

administrative, hearing or other fees), but only

up to the amount of the filing fees you would

have incurred if you had brought a claim in

court. We will be responsible for any additional

arbitration fees. At your written request, we

will consider in good faith making a temporary

advance of your share of any arbitration fees,

or paying for the reasonable fees of an expert

appointed by the arbitrator for good cause

 

 

Send a letter something like this to the plaintiffs law firm.

In filling out the JAMS forms, I will need some information. Please forward an email address and fax number and contact person's name who will be handling the JAMS claim for your office and for American Express Centurion Bank to my address listed above.

Pursuant to the terms of the agreement We will be responsible for any additional arbitration fees. At your written request, we will consider in good faith making a temporary advance of all or part of your share of any arbitration fees.

Ask for the arbitration fees.

 

 

 

 

 

You or we may elect to resolve any claim by

individual arbitration. Claims are decided by a

neutral arbitrator.

If arbitration is chosen by any party,

neither you nor we will have the right to

litigate that claim in court or have a jury

trial on that claim. Further, you and we

will not have the right to participate in a

representative capacity or as a member of

any class pertaining to any claim subject

to arbitration. Arbitration procedures are

generally simpler than the rules that apply

in court, and discovery is more limited. The

arbitrator's decisions are as enforceable

as any court order and are subject to very

limited review by a court. Except as set

forth below, the arbitrator's decision will

be final and binding. Other rights you or

we would have in court may also not be

available in arbitration.

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