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Amex account chargeoff while in "Care" program

Date: Tue, 03/24/2009 - 14:27

Submitted by anonymous
on Tue, 03/24/2009 - 14:27

Posts: 202330 Credits: [Donate]

Total Replies: 6


Long story short. I was forced to close my business in november due to poor sales. With this I had a balance on my business amex account that could not be settled at the end of the month as usuall. I called a week before my actual payment was due, explained the situation to Amex and was enrolled into a care program which allowed we to make the payments over a year with no penalties or late fees. I have made may payment every month and now I found out they have reported it as a charge-off. I call and they explained that being in the care program only stops late fees and not reporting. My question is how can they legally say this is a bad debt when I have a monthly agreement with them to payoff the account. This seems like fraud. As far as i know chargeoff means they can't collect so they write off the debt. How can they write it off and collect?


Charge off is an accounting term and a non-event as far as you are concerned. All it means is charged against income. It does not mean that you don't still owe it or that they can't still collect. Regardless of what program they enrolled you in, if you were late on your payment, you have defaulted on your User Agreement. Do yourself a favor, make sure you get this paid off ASAP. Amex is the elephant that never forgets and they do look favorably on those who do get their accts paid off.


lrhall41

Submitted by NASCAR_Devil on Wed, 03/25/2009 - 04:56

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As far as I know, charge off means that the creditor cannot recover the debt and so they consider it as a bad debt, but it does not mean that you are not required to pay it off. Even if the creditor charges off a debt, they can sue you to the court at a later date and bring judgment against you to recover it.


lrhall41

Submitted by on Wed, 03/25/2009 - 05:23

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The same thing happened to me only worse ! My small business closed and had a 10K balance on my AmEx business card. They called ME and asked if I wanted to enroll on the Care Program (yeah right) which I agreed and made two payments on their terms and on time. The third month, they turned me over to a collection agency which demanded I pay in full. I called AmEx and they REFUSED to talk to me because my debt had been turned over to collection.


lrhall41

Submitted by on Tue, 06/16/2009 - 18:11

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If you do not have such payment agreements in writing, then you don't have a leg to stand on in court. ALWAYS get it in writing, FIRST.

Guest,

Quote:

charge off means that the creditor cannot recover the debt

Completely wrong. As mentioned just above, it only means that it was reported as a loss to the IRS. If/when they recover, they will report it as a recovery (COR on your credit report).


lrhall41

Submitted by on Thu, 06/18/2009 - 03:11

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Many regulators force lenders to chargeoff their debt when it reaches a certain time period. For example, the FDIC makes banks chargeoff an account as bad debt when it reaches 120 days past-due, regardless whether the customer is making partial payments or not.

That doesn't mean it is uncollectible or that the creditor cannot recover it. It is an accounting term in short meaning that they "charged" the debt against their loss reserve in order to discount their net tangible assets.

Think of it like this: If someone gives you a million dollar check, you would think you're rich. But if it's a bad check and will never clear, then you're only rich on paper. Same thing with banks... If they have all these open receivables, on paper it looks like they have a lot of assets and looks very lucrative to investors. But in reality if the paper is not performing (paying), then they are just kidding themselves (and the shareholders) to leave it on the books as an asset. So they discount those assets by charging off the bad debt, and the net tangible assets is what they can reasonably expect to collect in the future.


lrhall41

Submitted by DebtCruncher on Thu, 06/18/2009 - 16:26

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