collection agency harassment

[chapecito]

Some years ago I spent some time in the US studying, once there I got a Credit Card offer from American Express, but they based that offer on my ITIN number since I have no Social Security number.. I'd been using the card from abroad and making payments but after my partner stole my business even my computers down here in argentina i was not able to make payments on my credit card for 4 months, my debt is $10.000. On the same day i finally was able to make a payment ($1400) was the same day they sent my account to a collection agency Called "Nationwide Credit" They called my phone and left messages, today I called them and spoke with a girl.. she asked me how i could pay.. i said i could make monthly payments of $1400 , she said hold on and then came back and told me they did not take my offer, then another lady came to the phone and told me that the first person I spoke with didn't knew how to handle this, that they where NOT a credit company and that I had to pay them 30% upfront within 2 days and then the rest in 9 days.. I told them i would call later.. she told me.. if you don't call back in 30 minutes we will sue you, now.. here is the thing.. I'm 7.000 miles away, I don't live there, I don't have a social security number... all i do is travel to the US on vacation once a year.. what should I do? I don't think im going to get my credit card back.. and since I really don't know why the hell they gave me that credit card to begin with since i had no SS#, should I pay them? Can I walk away with not paying? they will try to sue me.. but I have no tangible assets in the US..

[minusonebit]

Why don't you just pay the bill you created? Its not their fault you had financial issues. At least offer them the principal amount you owe, before they added all the charges to it.

[CIVMatt]

Bottom line..

Do not talk to them, do not do ANYTHING. You already kinda fucked up by sending them any money. However the fact they took it and then said they don't accept your payment plan, I'd dispute the money with your bank, get it back and tell them to fuck off.

Find out who they are thats calling and their address, send them whats called a "drop dead letter" simply stating they must send you written correspondence along with documented details on the debt you actually owe.

http://clarkhoward.com/topics/drop_dead_letter.html

(Date)

To Whom It May Concern:

I have been contacted by your company about a debt you allege I owe. I am instructing you not to contact me further in connection with this debt. Under the Fair Debt Collection Practices Act, a federal law, you may not contact me further once I have notified you not to do so.

Sincerely,

(Name)

(Account No.)

[p1mpdogg]

#1 they wont sue you. theya re paid to threaten people.
#2 dont pay them shit, your credit is already ruined from it. they will not remove you from the credit bureau
#3 call amex and work it out with them and let them handle the collection agency. amex is a reasonable company to deal with

[BuggyG]

I think he said he made 1400$ payment to Amex and that same day they sent it to collection agency. So amex got his 1400$ but collection agency has his ticket

well from what I could discern from his post

[JayDeeZee]

Your best weapon is information

Inform yourself

http://www.ftc.gov/os/statutes/fdcpa/fdcpact.htm

[Tom_PM]

I can not imagine any one declining someones offer of payment anyway. $1400 a month on $10,000 is pretty damn good. Offer it to Amex directly.

[pornguy]

Call American Express. If they cashed your check, then they STILL have the account.

[seeric]

scare tactics.

can't do a fucking thing to you.

[ajrocks]

Tell them to fuck off. Even if you were in the US it would cost them more to take you to court. They are just trying to freak you out. Next time you call be very abusive to them and if they give you any shit tell them you aren't going to pay a dime. They can't do anything but keep calling you. Your credit rating is already fucked so have some fun with it!

[JayDeeZee]

They are not going to sue after 4 months. It's not ever at an R9 status.

Fess up, how long overdue is it?

[spacedog]

I spent a little over 11 years working as a debt collector at collection agencies as well as law firms specializing in debt collection, asset seizure and mediation..

You're getting alot of misinformed information.

The Fair Debt Practices act does not protect you since you do not reside in the United States, therefore you need to review the laws of the country in which you reside.

Yes they can sue you, and obtain a judgement on the debt which will then allow them to seize assets, irregardless of location.

Personally, I think you're better off dealing with amex directly.. they won't & can not refuse your payments.. just send them the $1400 every month..

Even without SS#, this still affects your credit, which IS repairable

[DateDoc]

Send them this letter!

Today's Date

Your Name
Your Address

Collector's Name
Collector's Address

Dear {insert name of collector or company},

I am writing in response to your (letter or phone call) dated {insert date}, (copy enclosed) because I do not believe I owe what you say I owe.

This is the first I've heard from you, or any other company on this matter therefore, in accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating Debts:

(b) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector.

I respectfully request that you provide me with the following information:

(1) the amount of the debt;
(2) the name of the creditor to whom the debt is owed;
(3) Provide a verification or copy of any judgment (if applicable);
(4) Proof that you are licensed to collect debts in (insert name of your state)
Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that:

because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense;
you cannot add interest or fees except those allowed by the original contract or state law.
you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA;
Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau.

I have disputed this debt; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform them of my dispute with this debt. Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA.

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.



Signature here
Your Printed Name

[JD]

tell them to fuck off. seriously. Deal with AMEX directly

[Pleasurepays]

Originally Posted by chapecito

Some years ago I spent some time in the US studying, once there I got a Credit Card offer from American Express, but they based that offer on my ITIN number since I have no Social Security number.. I'd been using the card from abroad and making payments but after my partner stole my business even my computers down here in argentina i was not able to make payments on my credit card for 4 months, my debt is $10.000. On the same day i finally was able to make a payment ($1400) was the same day they sent my account to a collection agency Called "Nationwide Credit" They called my phone and left messages, today I called them and spoke with a girl.. she asked me how i could pay.. i said i could make monthly payments of $1400 , she said hold on and then came back and told me they did not take my offer, then another lady came to the phone and told me that the first person I spoke with didn't knew how to handle this, that they where NOT a credit company and that I had to pay them 30% upfront within 2 days and then the rest in 9 days.. I told them i would call later.. she told me.. if you don't call back in 30 minutes we will sue you, now.. here is the thing.. I'm 7.000 miles away, I don't live there, I don't have a social security number... all i do is travel to the US on vacation once a year.. what should I do? I don't think im going to get my credit card back.. and since I really don't know why the hell they gave me that credit card to begin with since i had no SS#, should I pay them? Can I walk away with not paying? they will try to sue me.. but I have no tangible assets in the US..

well... they can say they'll "sue" but will they? they are going to pay 3-4-5K to try to collect 10K from someone who isn't in teh country, has no assets in the country etc?

doubtful.

i had this conversation with a friend of mine not too long ago when someone said something about collections and he started rambling off all the ways to fuck with them.

i'm not an attorney, so you can do your own homework

i think what would happen is that they would send you a subpoena to show in court.. you wouldnt and they would request a default judgement and get the judegement against you because you didn't show. thats typically what would happen in the US.

with that, they could then most likely lien assets outside the US, now or in the future.

as i understand, you can simply answer the subpoena and serve them right back (there are probably form letters for this) and file a copy of that letter with the court where they are located. as i understood, this would deprive them of the ability to get a default judgement against you since you responded and requires them to have to push further, spend more etc and actually sue you in court, spending a retarded amount of money which they won't likely collect, which isn't too likely to happen.

[The Judge]

They have to prove to the court that they served him, he is in Argentina, that won't be that simple. Watch out for any registered mail....

To get a lien on his Argentinan assets they would need local courts approval, not an automatic procedure....

Originally Posted by Pleasurepays

well... they can say they'll "sue" but will they? they are going to pay 3-4-5K to try to collect 10K from someone who isn't in teh country, has no assets in the country etc?

doubtful.

i had this conversation with a friend of mine not too long ago when someone said something about collections and he started rambling off all the ways to fuck with them.

i'm not an attorney, so you can do your own homework

i think what would happen is that they would send you a subpoena to show in court.. you wouldnt and they would request a default judgement and get the judegement against you because you didn't show. thats typically what would happen in the US.

with that, they could then most likely lien assets outside the US, now or in the future.

as i understand, you can simply answer the subpoena and serve them right back (there are probably form letters for this) and file a copy of that letter with the court where they are located. as i understood, this would deprive them of the ability to get a default judgement against you since you responded and requires them to have to push further, spend more etc and actually sue you in court, spending a retarded amount of money which they won't likely collect, which isn't too likely to happen.

[chapecito]

So I see i have 2 options.. walk away and just ignore the debt.. or deal directly with Amex? About them coming after my Argentinian Assets i think thats practically impossible, they would need a local judge here to rule that right?

[The Judge]

right but the local judge may expect a 'gift' from you

Originally Posted by chapecito

So I see i have 2 options.. walk away and just ignore the debt.. or deal directly with Amex? About them coming after my Argentinian Assets i think thats practically impossible, they would need a local judge here to rule that right?

[yys]

Call Amex and tell them you offered to work out a payment schedule with their representatives and they refused. It's iffy if Amex will deal with you directly though. I can almost guarantee that any of the account reps you reach on their 1-800 will tell you they can't speak with you; ask for a manager in their collections department.

If you can show that you are willing to pay off the debt and are making an honest effort I don't think they would have much luck getting a judgment against you.

[spacedog]

Also to consider is that the statute of limitations on credit reporting varies from state to state.. In your case, it would go by whichever state you resided in when you obtained the card..

Some states are 6 years while some are 3, yet states like RI are 15 & WI is I think 20..

so, lets say you were in a 6 year state, it would drop off your credit report completely 6 years from the date of your last payment.

Since you do not have a SS#, this may not even be on your credit report that Argentine sources would check.. get a copy & see.. it's probably not even on there.. if not, you can tell amex to take a hike, unless you plan on acquiring credit from US sources in the future.

[chapecito]

We don't have credit reports down here.. and in the US i don't even have a credit.. I tried checking it and it tells me its non existant.. so ruining my credit its not really a problem, the thing is.. what kind of trouble could i be in lets say every time i fly to the states for a vacation? (btw card was issued in Florida)

[chapecito]

bump? they keep calling I gave them my argentinian number and now the found a spanish speaking collector.. hehe very lousy

[tiger]

Just send them the letter the person mentioned and they can't contact you again. Doesn't erase the debt but they can't bother you about it.

[goldmine]

personally, i think collection agents are like vulture circling around a dying animal. My sales agent (which happens to be my wife) was harassed by those people months ago. Making threats, intimidation, etc.

"when are you going to pay???!?? we'll keep on calling you!"
"we'll sue!"
"We dont care if you dont have the money! take out a loan and pay us!"

They are like legal loan shark bullies.

I don't have respect for those people.

[Sebastian Sands]

cut them out..

[The Judge]

when he calls again try to have gay phone sex with him, tell him that threats sexually arouse you and ask for his personal info

[flashfire]

I would change my phone number and never think of it again

[yahoo-xxx-girls.com]

I would normally say pay the debt, however if after speaking to the actual credit card company and they give you the run around then say "Fuck it"... keep your money in your pocket and start another business with it...

Don't let people in to play their scare tactics with you chapecito...

Later,

.