Just curious if anyone has ever had a creditor challenge the date of a credit counseling certificate as a sign of intent?
My story: On August 1st, I was current on 1 card and 30-40 days behind on 4 others (although I was making partial payments on the ones I was behind on). Things were tight, but had several job possibilities, so had decided to stop using all but the current card for essentials and slowly catch up on the rest once things stabilized. Three weeks later, all potential jobs had fallen through and the one person who owed me money literally disappeared (moved, phone disconnected), so suddenly found myself with no income or work for the foreseeable future. I didn't really see bk as a serious possibility at that time, but thought I should research the option.
When I learned about the required credit counseling, I saw there was a place about 10 minutes away, so I drove over to find out the cost and how it worked. The counselor asked about my finances and said the fee could be waived. He explained having the certificate did not mean I had to file. If I got a job the next day, I could throw it away. But if things did not improve it was good for 6 months, so encouraged me to take the course since I was already there. So I did.
So my question is, I made about $50 in charges on 8/17, which the company has been hounding me about the last few weeks. The certificate is dated 8/31. Could that be used as me charging with no intent to pay?
Because the amount is so small, I'm not that concerned about the specifics in my case (although Amex is carrying on like it was $50k instead of $50. The balance on the card itself is less than $800), but rather the question in general. I assume most people don't take the course until they are certain they will file, but has anyone gotten the certificate prior to knowing they would file for certain? I didn't know waiving the fee was even a possibility, so it could appear I had intent when I really didn't.
My story: On August 1st, I was current on 1 card and 30-40 days behind on 4 others (although I was making partial payments on the ones I was behind on). Things were tight, but had several job possibilities, so had decided to stop using all but the current card for essentials and slowly catch up on the rest once things stabilized. Three weeks later, all potential jobs had fallen through and the one person who owed me money literally disappeared (moved, phone disconnected), so suddenly found myself with no income or work for the foreseeable future. I didn't really see bk as a serious possibility at that time, but thought I should research the option.
When I learned about the required credit counseling, I saw there was a place about 10 minutes away, so I drove over to find out the cost and how it worked. The counselor asked about my finances and said the fee could be waived. He explained having the certificate did not mean I had to file. If I got a job the next day, I could throw it away. But if things did not improve it was good for 6 months, so encouraged me to take the course since I was already there. So I did.
So my question is, I made about $50 in charges on 8/17, which the company has been hounding me about the last few weeks. The certificate is dated 8/31. Could that be used as me charging with no intent to pay?
Because the amount is so small, I'm not that concerned about the specifics in my case (although Amex is carrying on like it was $50k instead of $50. The balance on the card itself is less than $800), but rather the question in general. I assume most people don't take the course until they are certain they will file, but has anyone gotten the certificate prior to knowing they would file for certain? I didn't know waiving the fee was even a possibility, so it could appear I had intent when I really didn't.
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