Amex

[Skipper]

It's crazy we are in the same situation. We too are in the middle of a HAMP trial modification. Last payment due Jan 1st. I am crossing my fingers they don't take too long after that to make it permanent as we NEED to file Ch 7 ASAP and I don't want to risk the HAMP being denied due to a Ch 7 filing.

I called Wells Fargo 3 times asking about this, I got 3 different answers. One said no it doesn't matter, another said yes the HAMP will be cancelled and you will have to reapply. Another said they will automatically foreclose on our home if we file as they will be notified by the BK court they are listed as a secured creditor and Wells Fargo will then file a Motion for relief of Automatic Stay (from BK proceedings) and start foreclosure proceedings.

Not worth messing with my modification right now.

....

We have been approved and are just waiting for the documents so we can start the trial period.

I agree, better to have the permanent modification than to risk starting over.

However, I do not believe that you can be "denied" based on a bk filing.

Skipper

[pcn]

"I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment"

I would strongly recommend a search of "DV" over on the collections forum. There was a lot of debate in how the letter should be worded. No offense intended, but the previous format sample found on the internet was very strongly NOT recommended. It had to do with cutting off communications and making them consider suing much faster. The preferred wording was much shorter, and used the actual text from the act. Also, some of the extra text really has no legal basis, such as trying to make them send you specifically what you purchased, or provide signatures, none of which is required by law. A shorter, more to the point format is:


Dear Creditor.

Re: File No 1234567

This letter is in response to your notification sent 10/1/2009.

Pursuant to the Fair Debt Collection Practices Act 15 USC 1692(g) your claim is disputed and validation is requested.

It is inconvenient for me to be contacted by telephone at any hour. All further contact should be sent to me by mail, in writing.contact should be sent to me by mail, in writing.


Sincerely,



(Your Name)

[cleanslate01]

I had 3 cards with AMEX. All are included in my chapter 7. I stopped paying all of them about 2 years ago. They sent me to some really nasty collection agencies but I requested no phone contact. I also got the letters from agencies claiming to be law firms. I owed $16K on my gold card, $2K on a Blue, and $1,800 on a corporate card (not even my fault on that one - company never reimbursed me). Never got sued during those 2 years but maybe that's because they saw I was unemployed? Not sure how they decided whether or not to sue. Maybe they just considered me a lost cause? My highest balance with AMEX was $75K and I paid most of it off with a big bonus I got a few years back. Suckers cashed my $45K check and then canceled my card a month later. I never want another AMEX again! They were nice until I needed help and they wouldn't work with me - not even went I went to debt counseling agencies.