Debtconsolidationcare.com - the USA consumer forum

confused about the collection agency!!!

Date: Sat, 03/17/2007 - 09:30

Submitted by anonymous
on Sat, 03/17/2007 - 09:30

Posts: 202330 Credits: [Donate]

Total Replies: 8


Hi everyone, i new here and needed help so bad. My american express card has been sent to a collection agency which i've been working with them almost 1 yr now, i just set up another payment plan with them for the next 6 months which they have taken out electronically (i have no problems with them and it will be paid off by the end of this year). But this morning i got a call from another collection agency informing me that the American express has sold my account to them and pulled out from the previous agency, so i called the previous collection agency they told me that right after i set up another payment plan with them for 6 months,the American express pulled it out from them and said they don't know the reason , can't informed me through letters or anything. So i called back the American express explaining that i never miss a payment plan i set up with their collection agency balh blah blah..they asked me to call again on Monday bussiness hours.

My questions is do they have the right to sale my account to another collection agency while i'm still working with their other agency. Could this be a breach of contract? Would it be better to hire a lawyer than do it myself? what should i do? Any idea would be very much appreciated. Thank you in advance


CA's can sell your account to other CA's. They do it all the time. What this 2nd agency needs to do for you now is to validate the debt. There are letters on this site that you should send CMRRR requesitng this information. Make sure all the payments you say you have made are appearing. If you can get the original creditor to work with you, all the better. I am curious what would you need a lawyer for? CA's are not at all threatened by that line, so don't use it. Do the right thing, go by the fdcpa guidelines. That is what CA's are obligated to abide by. Threats to them don't work.


lrhall41

Submitted by on Sat, 03/17/2007 - 10:36

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Check with American Express that all the latest payments are posted on your account. When you were paying to the previous collection agency, they must report it on your file. If American Express has hired another collection agency, you need to get the debt validated by them before sending your money. It seems from here that American Express still has your file. You should be able to work out payment arrangements with them directly.


lrhall41

Submitted by Steg on Sat, 03/17/2007 - 13:21

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Thank you for all the responses, mentioning about the lawyer is that the company my Husband work for could provide us one if we need ever needed it, so thats the only main reason, since we an get it free , i assume that might help us rather than just to fight it on our own. Sorry for not clarifying enough.

I checked with american express about my payments, my balance is going down but doesn't show any payments i made through the CA. The CA stop taking the auto deduction from my bank since last month, as they said they have no right to take it out from my Bank since i don't work with them anymore (which i only found out this morning ). I don't think i worked with the scammer but i am really confused here, Should they need to infomed me first before they sell my account or i ask too much??? Or this is how they used to do? Thanks again


lrhall41

Submitted by on Sat, 03/17/2007 - 14:24

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I suggest you get all payment agreements in writing. Most CA's will settle for less than the full debt. Additionally, only agree to send a payment by money order or cashier's check. I say this because many people send a regular check or authorize electronic payments, and then the CA takes more than agreed. Then you have to fight with your bank which will probably not be any help.


lrhall41

Submitted by texaslawyer on Sat, 03/17/2007 - 16:04

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I talked to Amex yesterday, they ignored all my questions and transfer me to the CA, talk to the CA, tried to settle my debts in half, they say they can do that only through Bankruptcies papers or on medical problems. How much lower the CA can go? Hope you guys can help me here, need to pick your brains again for the last time. Thank you again for all your help, makes me more wiser now :).


lrhall41

Submitted by on Tue, 03/20/2007 - 18:51

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You seemed determined to work with the original debtor after being with a CA over a year and hopefully it is now obvious to you that you CAN'T. You MUST deal with the CA now. Give up on dealing with AE. Most CA will settle for less but you have to be willing to pay what you settle for in their terms. Make sure you get everything in writing before you make any settlement payment.


lrhall41

Submitted by on Wed, 03/21/2007 - 08:21

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