Amex getting nasty

[bk249]

I have been lurking for a few weeks and probably a month or so away from being able to file chapter 7. I am over 100k in cc debt, of which 45k is due to Amex, and I am over 60 days late with them.

They call incessantly which I can deal with, silencing the ring tone for that caller ID. But I have a few questions to ask....

I called them once from another phone line and they continually try to reach me there. It is a business line for which I have asked them not to call, but they have not heeded my request. I cannot be reached there. They insist it is not in their system but the phone logs at this number show 10 plus calls per day. If they want to reach me, they can at my cell phone, which they have and I have no problem with them calling. Advice?

When they call I give them as little info as possible. They want to know my employment situation which has greatly diminished. I am self employed but the receipts are down. They actually asked if I was going to file bk today, which I just did not answer. They insist unknowing my employment which I refuse to give them.

Also, they started asking about other bills that I may be paying or not paying. I am behind in other cc cards as well (60 days) but current on my car. They insist that the credit report is right and that I am current on everything except them, which is just wrong. They also insist I have a mortgage which I do not, never have, and know does not exist on my reports which I check weekly.

Anyway, I know Amex is the nastiest and most advanced in re: collections....just looking for some advice to stave them off for awhile, or at least Shay to and what not to disclose.

If they send me to collections, which is what they are threatening at this point, and I DV them....it just about gets me to sept. If they go right to a law suit, I'll show so they don't get a default judgment. .

[Bell30656]

The reason that they are calling you multiple times per day at every number that they have for you is because you (1) owe them money (2) are avoiding their calls.

When you use Caller ID and silence the ring, sure it leaves the collector listening to your unanswered phone but then they call back. Just wait, soon they will start calling anyone you ever listed as a reference when getting an account. They'll start calling neighbors (by using something like the Haynes Directory or even 411.com to get the numbers). Then they'll call other people in the same town as you with the same last name in hopes of hitting relatives.

Of course, you can avoid all of this by simply picking up the phone. When they call you tell them that you are indeed the party they seek. Confirm your identity with them and then tell them that you do not discuss financial information over the telephone. Follow this with a "Have a nice day" and a click.

It's a game, called collections. There were terms... you defaulted and now they want to try and get their money. They will say anything to get you to rattled so you will pay them. "If you don't pay this by 5 PM we'll have to turn it over to our pre-legal department" "We are examining your documents for evidence of fraud" Etc, etc, etc. All mean nothing... Pre-legal is the guy sitting two chairs over.

[Flamingo]

In a nutshell and witihout emotion, you are in breach of contract with each of your creditors to which you have stopped paying on your credit agreement. You agreed to certain terms listed in each of those agreements when you signed to take on the credit; when you stopped paying, you allowed them to do certain things and one is to contact you on any number you listed for you or your closest relatives not living with you on your credit application. They have your SS# and all other personal information; they can find you. All they want to do is collect the money owed them that you borrowed. If you reverse the situatoin, you would be making incessant calls to the person who owed you also for several thousand dollars if they did not pay you. If you view the situation in that light, it is more clear as the emotion is removed.

Once you retain an attorney, you will be able to provide the callers withi the name and contact info for that attorney when they call. Many calls slow down with that but will totally go away when you actually file and can provide them with a case number.

[anime-chicka]

One thing to keep in mind - once Amex learns you are filing BK, they'll send it off to a collection agency, usually NCO. If they haven't already, they're probably planning to send it off to a collection agency.

I know one call I took from NCO, they demanded money and I told them that if I didn't have the money for any of my other bills, what makes you think I have money for you.

[debtprison]

I believe if the business line is a "work" line where you ar enot allowed to take calls you can send them a certified letter demanding that they cease contacting you there.

The best policy in my experience is not to talk to them at all. Treat them as you would trolls. That's pretty much what they are. They'll lie and accuse you of all sorts of things. They'll say things to insult you or upset you. Anything to get you to pay or to give them more information so they can harass you more.

There is a chance that by ignoring them this will cause them to start calling your friends and family and/or to sue you. To avoid this there are numerous possibilities. One is to answer the phone once a week or month and read from a script confirming who you are and that you are unable to pay and do not see any change in circumstances in the near future. Then apologize, thank them for their understanding and hang up. Do not engage in question and answer with them. Not even one question. This should be enough to prevent them from having an excuse to call friends and family.

Of course when you actually file the automatic stay should protect you from their harassment. If you're really a month away you might want to avoid any hardball tactics which have the potential to push them into going for a judgment. Ignoring them is probably safe.

[Bell30656]

These collectors are trained to control the conversation. They want to be in control. Nothing makes them madder than running into an educated debtor. One that just won't play the game. You are in no way obligated to talk about anything you don't want to talk about.

If you take the call, confirm your are the party they are seeking then refuse to talk about it they will cut the number of calls down drastically. They also cannot call people "attempting to locate" you if you are taking their calls.

I used to tell them; "I'm sorry, I never discuss financial matters over the phone unless I initiated the call. Have a nice day." <click> God, they hated that. You'd hear them in the background... "Wait, don't hang..."

[keptdigging]

Amex sued me for a similar amount after just 4 missed payments. I never talked to them, but I think the reason they sued is because my mortgages are current. However I only know about the suit from the local court web site... have never actually been served and it's been months. It is looking like I may get to file on my original schedule.

I was the quickest suit I've read about here... so if you're ready to file in a month or so, I think you can just ignore them. Even if they file suit, you have to be served, then there's a time period for you to answer (30 days here) and only then can they get a default judgment. (Alternately, some people answer the suit to buy time.)

If you're going to file a 7, I'd put my time into getting that ready, not into dealing with Amex.

[Ifonly]

AMEX sued us within four months of a missed payment as well. I stupidly told them that we were considering bankruptcy which I think pushed them forward as they immediately sent us out to collections (before we even hit the 60 day mark) - NCO, Zwicker, etc. They filed suit in the local courts by the end of April and our first missed payment was in mid-January. Luckily, I had been working on my filing throughout that time and my attorney filed May 7.

AMEX is pretty tough to drag out especially when you owe them that much $.

[keptdigging]

AMEX sued us within four months of a missed payment as well. I stupidly told them that we were considering bankruptcy which I think pushed them forward as they immediately sent us out to collections (before we even hit the 60 day mark) - NCO, Zwicker, etc. They filed suit in the local courts by the end of April and our first missed payment was in mid-January. Luckily, I had been working on my filing throughout that time and my attorney filed May 7.

AMEX is pretty tough to drag out especially when you owe them that much $.

I didn't say a word to them and got almost exactly the same result during almost exactly the same timetable. They still haven't served me though, so I may wind up able to file at my preferred time which would be this September.