“Consumer Protection Laws” Archive
Feb
8
As I mentioned in an earlier post, the lawyer that had been handling my account was dropped my from legal plan and the case was closed. I decided not to go find another attorney and try and tackle things on my own; I will find an attorney again if I feel it is necessary.
In the meantime, I came across a site that I have found very useful for things ranging from disputing info on your credit report, negotiating with creditors and collection agencies and getting negative items removed from your credit report. The site is called CreditInfoCenter.com.
I should caution that why this site does have some useful information, it should not be construed as legal advice. If you find yourself in a debt situation that is very complicated you should probably try and find an attorney or consult with an accredited Consumer Credit Counseling organization. That said, if you are unable to afford an attorney this site provides some good self-help tools and letters.
Jun
15
AMEX is absolutely unreal. In an earlier post, I mentioned that the collection agency that is handling one of my accounts said they were authorized by AMEX to offer me an Optima Card should I choose to pay my entire balance in-full. Well today, I get a letter from AMEX offering me just that. These people are UNREAL.
This is a company who was completely inflexible and wouldn’t negotiate with me under any circumstances. Once the account went to collections however, I get an offer, right out of the gate of 57% of the original debt. That, like I said, made NO sense to me. Not only will I never do business with AMEX ever again–even if I have the opportunity–but I’ve plan on settling with them for as little as possible, even if it takes months to negotiate.
I just love the tone of the letter they sent me. It is a combination of ‘trying to be my friend’ and trying to guilt and pressure me into paying my balance in full.
As a previous American Express Cardmember, we value our relationship
HA! That is some funny stuff. I know this is a form letter but I’m going to critique and attack it anyway. They value ‘our’ relationship so much that they refused to negotiate any kind of reasonable payment plan which would have allowed them to collect everything that I owed them. They value ‘our’ relationship enough to pass my account on to one of the most unprofessional and frankly law-breaking collection agencies out there. With friends like that, who needs enemies.
Next comes the time pressure:
This offer is for a limited time, so you must act immediately
Oh my goodness. I better run to the phone, call the dirtbag colllection agency and give them my checking account number so they can automatically debit my checking account–only for the amount of my debt of course–and then I can get an Optima Card with a $5,000 limit so I can bury myself in debt again. Thanks AMEX.
In the same paragraph with the header “Limited Time Offer - Call 800-XXX-XXXX” there is the real reason AMEX has sent me this letter
This communication is an attempt to collect a debt
Now, here is where I might find some enjoyment. Both collection agencies, who are now acting as agents for AMEX have been made aware, both verbally and in writing that this matter is now in the hands of my attorney. Thus, any and all communication must go through my attorney, not me. This is a legal requirement per Section 805 of the Fair Debt Collection Practices Act (FDCPA). So, is AMEX breaking the law here? Well, I need to call my attorney, but it would certainly appear so. If they are, then I will file a $1,000 lawsuit in small claims court here in Washington, which I am entitled to do per Section 813 of the FDCPA. Yes, this whole process has made me a little bit of a ‘legal eagle’, whereby I have learned all about my rights as a debtor.
For those of you out there who don’t have access to an attorney, a thorough reading of the FDCPA should be your absolute first step in protecting yourself. KNOW YOUR RIGHTS!
UPDATE: Don’t forget to enter the Two-Month Anniversary giveaway here at Dollar Buy Dollar
