Are the threats real, and how long does it take?
Date: Fri, 10/19/2007 - 13:00
We have been getting calls for over 120 days, the most persistent being from AMEX, who I owe $3400 to. I had about 4 month payment history with them in full, but just couldn't make a $3300 in the last month to them.
They have referred me to a CA, who have been rude, threatening, and incooperative. They claim that they will persue me on the basis of fraud. What is their basis for this, and what will their action likely be, and over what time line?
I have attempted to negotiate a payment plan with them, but they want payment in full or nothing.
In general though, is their any criminal implications of not paying your bills? And what legal action can we expect?
The CA is actually violating fdcpa....debts are a civil matter,
The CA is actually violating fdcpa....debts are a civil matter, not a criminal offense.
A tape recorder is your best friend.
Hi In Trouble. There is no criminal action they can take against
Hi In Trouble. There is no criminal action they can take against you, and they are violating the fdcpa, as soaplady said. Tape recording would be a good idea. This way you can document when they are violating the act and you can present it in court, if need be. That brings me to the next thing...do you live in a state where your wages can be garnished? If so, then they can go to court and get a court order for that. Or they can get a judgement against you. Just make sure you keep everything documented so if it comes to that you can have proof that they were violating FDCPA.
Yes, what Soaplady and Eleroo said is the absolute truth! It is
Yes, what Soaplady and Eleroo said is the absolute truth! It is the CAs breaking the law, not you. Since you are dealing with CAs you should send them DV letters, that will buy you some time to take a few deep breaths.
When (if) they validate, you can then send them payment arrangement offers (all letters should be sent CMRRR) that way if they ever do take you to court, you can show that you were making every effort to take care of these, but that the CAs were being unreasonable and demanding the impossible.
Read up on the fdcpa and FCRA and any state laws and start keeping detailed notes (and try to get recordings too if your state is one party.) That way you have proof of the violations and you can use those against them.
In your DV letter you should also include a limited cease & desist....that is telling them they are not allowed to call you any more and the only way they are to contact you is with mail. Also another way to get them off the phone in a hurry if you don't live in a one party state is to simply tell them when they call that you are recording...they will either be civil, they will hang up, or they will violate anyway and then you have a legal recording since you told them you were recording.
I would contact AMEX and let me know just how the debt collector
I would contact AMEX and let me know just how the debt collectors (their representatives are doing business(. Escalate your complaint up the chain of AMEX if necesssary. The collectors will lose the AMEX contract if you complain to the rght person.
