Collection Agency and American Express

**NikoSan999** · 11-19-2009, 10:51 PM

We are in collections with American Express and been making regular payments on time. They are always sent delivery confirmation, have to be signed for etc. I call our case worker with the tracking number, we argue a little and hang up. All in all we work well together I have to admit. He gives a little now and then.

Mailed Octobers in, ( just found this out 2 days ago ) and the collections person signed for it but it never got posted. American Express gave the account to another collections agency. I called the old collections agency and talked to the guy I had been dealing with. He was mad. He said it wasn't our fault. It was plainly made on time. It was signed for on time, but whoever was supposed to post it on time didn't do it.

So American Express thinks we defaulted. We were on a 0 % interest for 6 months then to go to 9.99% for the duration to give us a break and get some paid down but the collection agency screwed up. He said he was going to find out who and someone was going to be in deep crap. Was he serious? Think so, afterall they lost an account that was going well for them.

One thing he did say tho was if we didn't want to deal with the new person just make the payment on line. I said they said they wouldn't accept it. He laughed and said they'll accept it. I said they said they wouldn't accept a payment that wasn't made thru them. He just laughed loud again and said Oh yeah, they'll accept it, believe me. One nice touch I will have to admit, before he hung up he said I know I'm done with you but if you need any help, any advice just call me and I'll do the best I can. He didn't have to do that. He was done, over. Maybe it was for spite to American Express for cancelling their contract for us. Don't know, but do know that was appreciated.

Which means even if they took us to court if the payment were being made regardless of how they were being made the judge would be on our side, not American Express. This is how I took it.

Have I mentioned I hate credit card companies. As anyone reads these posts remember these all happened within a 2 week time span. Needless to say, I've about had it.

**TigerGirl1226** · 11-19-2009, 11:32 PM

Yeah, every now and then you find one of those guys that has a little of their humanity left in them. Hope it all works out for you guys.

**frugalfranny** · 11-20-2009, 12:40 AM

That sucks niko........sorry you are going through all this.

I would sure keep his name and number, never know when he might have some good advice to give in the future.

**Luckybustert** · 11-20-2009, 02:01 AM

I agree, hang onto his name and number -- having a sympathetic contact inside the industry could be helpful. Very sorry you're going through this!

**Luv2BeFrugal** · 11-20-2009, 02:33 AM

Wow...CC's just plain suck. I'm so sorry you're having to deal with all this!

Glad that guy was nice...hang on to his info.

**NikoSan999** · 11-20-2009, 02:11 PM

The new collection agency just called. Told them we would be making the payment online. He did not we couldn't. What he said was he needed to know how much.

Hubby got on the phone after awhile and the guy for the first time finally said it was being recorded. He did not tell me this at all. Hubby told him it was being recorded on this end also and the guy refused to allow it. Hubby didn't give in and the guy finally said he would get his manager. The manager refused to get on the phone. I'm sitting here telling him what to say with the Fair Debt Act bull, and both conversations would be the same recorded so what was the problem...unless this is a call to harass or threaten or lie. He finally hung up.

**Greebo** · 11-20-2009, 02:14 PM

Are you actually recording the calls? IIRC if you are, you need to say that first thing.

**NikoSan999** · 11-20-2009, 04:13 PM

Originally Posted by Greebo

Are you actually recording the calls? IIRC if you are, you need to say that first thing.

First what is IIRC??

Yes, I know and no we're not. But will have a 2 way recorder by Monday. Then we will be recording. But you got to love the fact that he was on the phone for more than 5 minutes before he said that it was.

One thing is definite.. They will not allow themselves to be taped. No way. And I'm typing out a letter to not call at work and all corespondence (?) will be thru the mail. That way anything they have to say will be in writing. Signed for and return receipt requested.

Hubby isn't real good at going by the script so I'm typing it up and taping it above his desk in case he answers the phone. Plus it could come in handy later for whatever happens with whoever. All he has to do is remember to go by the script.

**Greebo** · 11-20-2009, 04:28 PM

IIRC - If I recall correctly

**starsapphire** · 11-20-2009, 04:29 PM

IIRC - If I Recall Correctly

Greebo beat me to it

**NikoSan999** · 11-20-2009, 10:50 PM

It will be ready to go by Monday. This will also be one way to stop the calls when they start.

**Palooka** · 11-21-2009, 12:19 AM

I was just curious if you ever just take the phone off the hook from time to time for a little peace.

**NikoSan999** · 11-21-2009, 12:55 AM

Originally Posted by Palooka

I was just curious if you ever just take the phone off the hook from time to time for a little peace.

Back in March, I think it was, was when we fell behind in everything, maybe April. We had talked to an attorney in January but that's all it was, no retainer. We told him we wanted to see if we could salvage anything first. He said at the point you start missing payments the phone calls will start. He shrugged and said the easy way out when you can't take it anymore is change your phone number. I asked if we could get in trouble for that and he laughed and said absolutely not. Get an unlisted number and give it to no one not even family unless you have to. Collections will call neighbors, family even the school to get the number. No one unless absolutely necessary. So we changed the house. House is not an issue at this point unless they uncover it somehow.

However somehow they all got the business phone and that's the one with the problem. You can't change a business phone number. We get a ton of calls a day from customers wanting to know pricing. Mostly Unknown Name Unknown Number. Back then those weren't answered. Some come up Chase, CitiCorp etc. You don't answer those. Ones with area code 800 or 88 or 877 are either them or sales calls. We don't take them anyway.

We can't take the phone off the hook at work so we just let it ring. Back then. But honest to God, no less than 30 times a day. Starting at 8:00AM until 5

M. Every 15 to 20 minutes at least. This time for me hubby can tell them that I no longer work there and NOT to call again or he will consider it harassment. I will mail signed for return receipt requested stating no more phone calls at that phone number as it is a place of work ( Fair Debt Collection crap ) and will be considered harrassment. Only contact from here on out must be by written mail.

That will stall them off until we can get it all together to get filed.

**Palooka** · 11-21-2009, 01:15 AM

Well that stinks about the business phone number.

30 times a day no doubt.

I would be pulling my hair out. Isn't it illegal for collections to call neighbors and family?

**NikoSan999** · 11-21-2009, 10:19 AM

Originally Posted by Palooka

Isn't it illegal for collections to call neighbors and family?

Prohibited conduct:
Communication with third parties: revealing or discussing the nature of debts with third parties (other than the consumer's spouse or attorney)

It's a fine line..If they can get the phone number or address, whatever, without disclosing they are debt collectors basically they are ok. They can pretend to be a long lost relative looking for an uncle or aunt. Alot of people will give the info out.