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American Express - Harrassment - Options?


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i stopped paying American Express in 2009 after some financial difficulties.  Since then, they have sent at least 3 collection agencies after me.  I have sent them all Cease & Desist letters ifnorming them of my rights and for them not to call me.   NAtionwide Credit harrassmed me first calling me after I told them not to.  . A company called First Source Advantage, acting on AMEX behalf called me 10/29/13   after I told me not to call me at work. That was the third time they called me at work. I also sent them a letter in 2013 telling them Not to call me anywhere.

 

Last week, they called my Brother(who has his own separate AMEX account)  looking for me. I took the number (8774430144) and spoke to AMEX and told them not to call my brother looking for me. Yesterday they called my brother again on his cell looking for me. I have in the last 4 years sent letters directly to American Express, First Source Advantage, and Nationwide Credit each informing them of my rights and if they needed to communicate with me, then they needed to do so by Mail.   I filed a compalint to the CFPB earlier.

 
This is very frustrating and am considering taking action and wanted to find out my options.   I am a resident of NY and believe that I am past the SOL for them to sue and collect.   I know there was a recent decision in NY that says that the SOL is from the state where the credit card company is based in and not from my home state.   Knowing this, I am not concerned about being countersued.  I am looking for a knowledge attorney who can advise me and possibly represent if I decide to pursue action against American Express.    Thank you!

 

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Amex typically holds on to their debt. As the OC the FDCPA does not apply. If it is sold and you can tell by looking at your credit reports then you have an FDCPA action against the debt collector. Pull your credit report and see if under Amex it says sold to another.

 

Let us know.

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  • 5 months later...

Even with an Original Creditor, calls to cellphones are something you could look under Telephone Communications Protection Act (TCPA), especially your brother since there definitely would be no authorization or permission to call. You can revoke permission at any time even if they claim you gave it in the past.

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Amex typically holds on to their debt. As the OC the FDCPA does not apply. If it is sold and you can tell by looking at your credit reports then you have an FDCPA action against the debt collector. Pull your credit report and see if under Amex it says sold to another.

 

Let us know.

I believe once they assign the debt to a 3rd party debt collector, the 3rd party resides within FDCPA control.  

 

Definitely contact a consumer lawyer.  

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I dealt with the same collection agencies with AMEX.

 

NCO is the worst. Wait until they start spoofing your caller ID making it look like your recently deceased dad is calling you.

 

 

Good luck in getting people to believe that a collection agency would do such a thing.  Last year I had a collection agency did the same thing to me only with a cousin who had died some years earlier. I was told to shut off the damn Antenna TV garbage and lay off the "Get Smart" reruns.

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