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Lawsuit? Questions


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Posted by Sean (216.189.167.219) on June 03, 2003 at 18:11:39:

I need some help - I have inquired to a number of lawyers today so I am going to include most of that letter...

A few additional questions!

I have lived in OH and MA while having this Amex card and am now in FL. Which statutes of limitations would apply? Could they sue me in MA if I am no longer a resident?

I opened an Amex Blue card about 3 years ago and used the card. I was offered a 6 month 0% interest rate and then a 12.99% rate from then onwards. At some point in time, Amex changed my rate to 23.99% because they said I made a late payment. I told them this was not true and the error had to be on their end. For a while I received no response from Amex and eventualy I received one stating they would not change the rate back. After many attempts to fix my interest rate, I refused to make further payment and the situation just became an ongoing one.

On another front, I disputed a charge from ticketmaster for about $450 because I did not receive the tickets. I did this within 60 days. I received response from Amex stating that they could not refund the charge because Ticketmaster charges are non refundable. I told Amex that I knew that their charges are non refundable, but I was also certain that I had the right to a charge back if I did not receive the merchandise. Amex never responded.

At some point along the way, I sent a check to Amex to pay a portion of my account. On the front of the check I wrote "See Specific Endorsement Requirements on the Reverse." On the back, I wrote "Endorsement of this check signifies that Amex agrees with the 2 disputes contained in this mailing and will make credits as requested. These disputes include $456.80 vs. Ticketmaster and a change of my interest rate to 0% for the 1st 6 months and 12.99% since then. Otherwise DO NOT ENDORSE. I included a letter describing the dispute and AMEX endorsed the check.

Amex called my family numerous times and discussed my card with my mother.

Over time Amex charged off the account and placed the charge off on my credit report.

I then wrote a threatening letter to their CEO and VP about 3 weeks ago. I explained exactly what happened and told them that I would potentially pursue libel/deflamation against them, set up a website to vocalize my complaint and allow others to do the same in a public manner, and pursue whether or not they had the right to discuss my card with my mother.

Amex also settled a class action suit regarding interest rates (I really do not understand it in full) It was case No 00-8658-JFW(GWx) in US District Court in Central District of California. Roger M Lindmark et al vs American Express Company et al.

Today, an attorney claiming to be retained by Amex and working out of MA called me to tell me they are in the process of suing me and plan to obtain a judgement against me. They claim with all the 23.99% interest charges and the ticketmaster charge that I owe $9K. They are willing to settle for $4930. In all honesty, I believe I owe them about $3500 according to the original terms, but I would need to go through all the bills and do the math. The $4930 is not the unsettling part. They refuse to remove the item from my credit report even if I pay them the settlement and this is unacceptable to me. Of note - their attorney claimed no knowledge of the class action settlement and stated other people he had called had mentioned it.

So now I am looking for an attorney that handles this type of situation and can do so without bankrupting me! I am looking for advice on whether I am best to settle this and how to do so while maintaining an ok credit report, or whether I should allow them to file suit against me and then counter sue them.

Also will they really sue? Is it illegal to threaten to sue? They said if I do not pay by the end of June they will file the papers. The guys act was good, but I think he was just a collection agency. He answered _____ PC... Not PA but called himself a lawyers office (But he was just working for the lawyer)

Thanks a bunch!

Sean


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