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Ugh! American Express...

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    Ugh! American Express...

    Called my FIL today looking for my husband. They told FIL they didn't have our contact info. Which is UNTRUE. I logged in online and they have our home phone #.

    Any ideas on how to proceed? I'd rather they not keep calling FIL. He was the ONE PERSON I didn't want to know about this.

    #2
    At the very least, they can only ask how to reach you. They are not allowed to discuss the nature of the call. Basically, they CANNOT say it's regarding a debt.

    Wait to see if they call you sometime in the near future, and if you speak with them, inform them they are to cease and desist all contact with anyone other than you (and then only your attoney when that time comes).
    Bankruptcy History:
    Chapter 7 filed - 10/12/2005 - Asset
    Discharged - 02/16/2006
    Case Closed - 11/08/2007

    A banker is a fellow who lends you his umbrella when the sun is shining and wants it back the minute it begins to rain ~ Mark Twain

    All suggestions are based on personal experience and research and SHOULD NOT be construed as legal advice as I am NOT an attorney. Always consult with competent counsel in your area with regards to your particular situation.

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      #3
      To my knowledge...they haven't tried to call us at home. So, if they have our number...why jump straight to calling FIL?
      Eh, I guess I know the answer to that...it's debt collectors.

      I'm sure FIL knew it was about a debt...because they said they were with American Express.


      I guess next I will pull out one of the letters they've mailed and have hubby call the number and just say we're unable to pay at this time...and stall until we file.

      Comment


        #4
        NCO collecting for AMEX called my parents, this was AFTER they had already spoke to us!!! I sent them a dv letter and wrote that they are not to contact anyone!!! they have located us, and trying to contact anyone would be harrassment! I have not heard anything since the dv. I would just answer if not only once, so they have "located" you.

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          #5
          As I've pointed out before, "locate" to them really means "force you to have a conversation". And if the conversations continue to be fruitless I have no doubt it means "to bring pressure to bear upon debtor to make payment". So if your family or work gets called, just depends on how much "game" the particular collector has on that day.
          filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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            #6
            Originally posted by catleg View Post
            As I've pointed out before, "locate" to them really means "force you to have a conversation". And if the conversations continue to be fruitless I have no doubt it means "to bring pressure to bear upon debtor to make payment". So if your family or work gets called, just depends on how much "game" the particular collector has on that day.
            In other words...not agreeing to make a payment.

            So, until one retains an attorney...what is the best way to get the to stop calling family members, WITHOUT agreeing to make a payment? Or is there a way?

            We still have a couple of months before we file....

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              #7
              Probably the best thing to do is retain an attorney. They aren't supposed to contact you after that point.
              filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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                #8
                Got a letter today from Amex, from what I'm guessing is probably their "in house" collections.

                *Sigh* I'm sure the hounding will get even worse now.

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                  #9
                  As far as I know, they don't do "in house" collections, except to the extent of nagging you in the beginning. They want their dirty work done by others.
                  filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

                  Comment


                    #10
                    Originally posted by catleg View Post
                    As far as I know, they don't do "in house" collections, except to the extent of nagging you in the beginning. They want their dirty work done by others.
                    Wow. I guess Amex is really quick to jump the gun then...it's just shy of 90 days past due.

                    I thought most of them didn't send off to collections till 120 days.

                    Not that it really matters I guess.

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