Re: Advice on Letter from Attorney, please

Posted by LittleWays (64.12.116.84) on May 23, 2004 at 19:54:45:

In Reply to: Re: Advice on Letter from Attorney, please posted by Paul on May 23, 2004 at 18:38:47:

I am self-employed in a partnersip. I have few assets: paid off 1998 car used in business, equipment used for business, no home. Have small IRA. Lien on empty small plot of land.

Most of my accounts are late, but being paid at minimum. Some smaller accounts have been charged off recently. Larger accounts have increased interest. They are now getting hard to pay. No savings account, checking used just to pay the bills. Trying to keep business afloat after 9/11 and in this economy. I don't have a Citibank credit card, but the line of credit I have with them has been late regularly.

I did send a VOD/C&D letter because they kept calling me at work and it was interfering with my business. I am new to this collection scenario. I figured that on a $15k+ debt, that they would go ahead and sue anyway, so a dispute letter would enable me to see what they had in the form of validation before it went to court. It also gave me breathing room to read up on credit and the FDCPA.

My request for validation went to RMA,
not the lawyer. RMA was sent a detailed request for validation. The lawyer sent another dunning letter with implied threat to sue. Then sent another letter with offer to settle, all within the dispute period.

Is the print out that they sent of 3 months in 2003 with no charges noted on the statements sufficient validation?
What if Amex lost records in the WTC bombing and does not have records for this region (NY).

I have been advised in other forums to just call Amex and speak to them about the settlement and find out if they still own the debt.

I was just concerned that if I speak to the attorney or Amex about settlement, that if they don't agree with my terms, that my refusal to settle will be used in court against me.

I really feel that I have been pushed like (cattle are prodded) toward a particular path by Amex. My account was not more than 2 months late. They even sent me my last statement which I tried to pay and they refused. They would not work with me after 15 years as a client. If the FDPCA is supposed to protect the consumer, it is not doing enough. A CO can increase your interest rate to usurous levels, push you to charge-off, then hire goons to harrass you, pull them back when they break the law and your spirit, then take you to court, all nice and legal.

If it goes to judgement, I will have no choice but to go to bankruptcy.

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