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Question I have... I have an Aspen Discover Card, why does my balance seem like it's not going down? Many thanks for any answer or 2. Second question.. I sent off a validation request (CMRRR) to Nationwide Credit to see if they could collect on an Amex debt. In the letter I put that my employer prohibits phonecalls at work. They sent a pile of recent bills from Amex as validation along with a letter from Amex saying they could collect on their behalf.. |
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Good question... I dunno what is the answer. I'll do some research in Google and get back to you if I discover an answer. You should email the people at Discover Card as they probably know..
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Amex sent a letter stating that the debt was turned over to Nationwide and they were authorized to collect on their behalf. I called and verified with Amex..
I also pulled this from the FTC site:. The account is listed as a C/O on my CR since it's now 120+ days past due. Amex called me at work once and I asked them not to and they never did again. I have no problems getting calls at home but calls like this at work make me uncomfortable since I work in a very small group.. I was originally on a payment arrangement with Amex but it ended because it was only 6 months. I am trying to establish another arrangement with Amex but they keep referring me to Nationwide. They will not allow me to make an arrangement directly with them.. At this point my only concern is for them to stop calling me at work. It's only a matter of time before my manager addresses this issue and I don't want my only source of income on the line because of them... |
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LIMITED C&D.
NO PHONE CALLS NO PLACE. Not work. Not home. Not cell phone. Not neighbors. Not relatives. I said don't even call the payphone at. 7-ELEVEN. Near my house.. |
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George the OP gave them a limited C&D but the CA is not abding by that request ...
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You have had 12 calls at your workplace that occurred after you told them to cease and desist from calling your workplace in writing that can be proven with phone records and a letter from your employer. Not only did they break the FDCPA 12 times, but by calling your workplace, despite being told not to, they may be damaging your reputation with your employer. Take your documentation of these obvious violations and collect a very handsome check for their repeated violations, damages, and legal fees while you're at it...
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Yea this is a no brainer. If they have left any collection vms, that is even better. I used a vm in my case and next thing you know, they backed way down and tried to settle with cash..
Its really a feel good moment when that happens.. |
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OP does not need evidence (though it is always nice to have) of the phone calls. The CA knows that they broke the laws and, Im sure they dont want to pay your attorneys hourly rate to comb through their call records...
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Those pushing OP to litigate the matter do no favor by excluding the fact that AXP will very likely respond in kind by suing on the underlying amount. Remember that OP has previously described having used roughly $32K of a $34K line before being balance chased barely two years ago...for a sum that size, litigation WOULD reasonably follow. Thus any 'victory' in a possible FDCPA action will be pyrrhic in nature....
This is fresh paper, still owned by AXP (they don't sell to Nationwide)... |
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Centex, the debt amount was 12k out of which I have 8k left. My full debt load (including Amex) that I owe is around 32k. I have contacted Amex repeatedly to work out a payment arrangement and they insist I have to deal with Nationwide. My only goal at this point other than a payment arrangement that I can afford is to get them to stop calling me at work..
Thanks everyone for your help!. This post has been edited by. Miyahsmom. : 19 January 2010 - 10:40 AM.. |
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At some point, AmEx is going to sue before the SOL runs out..
I agree with Centex that yes, if you try to litigate an FDCPA case for a couple of grand it will push AmEx to litigate for the $32K balance due, plus collection costs, etc.. But AmEx is going to sue one way or the other on a $32K amount. If it's over $10K they almost always do. So bringing FDCPA litigation, or getting a settlement from the CA, is in your best interest because you each have a claim against one another, and you not going after them is not going to stop them from going after you.. Just saw your above post. If you pay them the $8K and are settled up, then I'd certainly consider FDCPA litigation for the calls at work.. This post has been edited by. ImpactRox. : 19 January 2010 - 10:45 AM.. |
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I currently owe them 8K. At this point Nationwide keeps calling me at work and it's only a matter of time before it becomes an issue. They called 4x yesterday and 3x today and it's not even 11am yet!.
How do I hold Nationwide accountable for violating the law? The only thing I can think of is to sue. Amex wouldn't be named in the suit, just them... |
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I owed nco about $5000 and at the time I was ready to pay them had they allowed for a reasonable payment plan. they would not budge on anything other than what I could not afford..
I filed against them and then they closed the acct prior to our monetary settlement in my favor. ymmv, but i'd probably pursue it if you wish to see any change.. One thing to also note is that my debt was owned by the OC, but being collected by a 3rd party. that may have made a difference too... |
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At which point they bounce the file back to AXP and AXP files suit against you...remember, NW does not OWN the paper here. It is placement paper. The contract between AXP and NW likely requires that you deal with NW..
How exactly did the paragraph read in your original letter as pertains to phone calls and more specifically, calls to the workplace?.. |
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So this is not a "business" Discover credit card account, correct? (want to make sure FDCPA applies here).
I would write one more limited cease and desist again, sent to the collector with copy to the OC as well. Both letters sent CMRRR and try to address this new letter to a person working for the CA in specific if possible. If you cannot find a person to name in the letter, send it to the compliance department. In this one BE SPECIFIC as to the reason why no calls - "employer does not allow these calls" and do mention that they are putting your job in jeopardy. Make it simple and to the point. IF they continue to call you will now have better case against them and your lawyer will probably love you for making their job easier.... The FDCPA rules do not apply to OC, they can call pretty much anytime they want. However you may have state law protection beyond FDCPA that can help you in this area... |
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Centex, here is what I had in my original DV:.
@x-large - this is personal debt not business. I am going to send off one more C&D to Nationwide and Discover credit card Amex as you suggest. I cannot get an extension from anyone at Nationwide but I did write own the first names of everyone that has called. I am pretty sure these calls are coming from India.. Thanks for the prompt responses everyone.. This post has been edited by. Miyahsmom. : 19 January 2010 - 11:23 AM.. |
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Good luck...
I tend to agree with most of the posters here.. While Nationwide is in obvious violation, litigation will likely bring counter. Litigation.. What you have however is possible grounds to get the nationwide entry removed.. If they consistently violate, you might consider a complaint to the FTC, rather. Than litigation... |
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Are you by any chance in NYC.... because I believe you have new additional protection laws that may be worth to check..
You do not have to mention anything complying w/ laws to the collectors, they are the ones responsible to know the rules of theIR game. simply put... write a "nice" short & sweet letter. Don't make it obvious that you are litigious about this, in fact, make it like you are really worried about your job at this point.. If they sue you.... you may have counterclaim + maybe a free lawyer (FDCPA pays for the lawyer). How much is this going to cost them.... could it be maybe enough to pay for the 8k? For sure at least 8K if you are fired from your job as a consenquence of these calls... |
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@x-large, yes I am in NYC. A link to the laws would be greatly appreciated. I have already drafted a complaint to the NYS AG..
So far I am up to 12 calls at my job all starting one week after receiving the C&D.. ETA: I work in finance so any issues with regards to debt and debt collections will cause adverse action by my employer which is why all my other debts are on payment arrangements. Only AMEX and BofA are not and BofA has not contacted me at work ever and refuse to make an arrangement with me because they say I cannot afford it LOL.. This post has been edited by. Miyahsmom. : 19 January 2010 - 12:00 PM.. |
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Do you have any of the Vm's saved? If they saved them? I'd keep a copy of it if you can. I know our work only let you keep Vm's for 30 days or so...
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Sorry I got very busy with work... the NY state's AG website is:.
Http://www.nydebthelp.com/. ETA: I believe the link to NYC new laws is found thru that site. This post has been edited by. X-large debt. : 19 January 2010 - 01:27 PM.. |
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When I made my comments to the OP, I was addressing only the fact that the CA did violate. And that OP should seek an attorneys professional opinion regarding this situation. No one here is OP's attorney and, OP is no ones client..
I was simply giving my opinion that the OP may want to contact an attorney so that they have the proper protections... |
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Thanks everyone for your advice..
I think I'm going to send another C&D to Nationwide and Discover credit card Amex and the NYS AG. I'm not the litigious type but something needs to be done to stop these guys from breaking the law. Both the FDCPA and NYS laws state that 3rdparty collectors are not allowed to contact you at work if you let them know your employer prohibits it. I told them twice verbally and once in writing. I don't know what else I need to do to make them comply short of suing. If they violate after the second C&D then I will contact a consumer attorney and take my chances and sue... |
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A full C&D might be a sure fire way to have AMEX file suit against you, especially if you Discover credit card them on it..
Almost all consumer rights attorneys (any werth their salt) will give you a free consultation and take the case on contingency. Even if you decide not to sue, you have covered your bases and have heard a professionals opinion on what to do. Bring up your concerns about forcing the hand of AMEX if you do bring suit.. This post has been edited by. Bobbydebt. : 19 January 2010 - 06:30 PM.. |
