Amex Collections

[alironz]

I was an additional card holder on my fathers account. I did use my card. My father is deceased and I did notify Amex. They asked if I would take over the account and I said no. I got a call from a collection agency telling me I am a secondary card holder and am responsible for all charges even though I never signed anything so saying. They said if I don't pay it will ruin my credit rating. I asked for proof that I ever signed to be responsible. She said it is in fine print on something they sent my Dad. I need to know if as an additional card holder I am responsible for this debt. My Dad had no estate.

[justbroke]

AMEX has been known to come after "card holders" (with no fiduciary responsibility). I remember when AMEX Corporate came after me because of my brother's business. I was issued a temporary card with a 2 month expiration. used it twice, and paid over $3,000 on the bills, although I only charged about $500.00.

I quickly told the collection person that I was only a "card holder" and not a guarantor (my brother was), and that as they can see, I made $500 in charges yet they can also see that I paid $3K on the bills (at my brother's request to "cover" some charges). They left me alone after that, and I never heard anything else from them. There are no collections on my credit either.

If you have a similar case to state, then they should leave you alone. However, if your issued card (they issue "individual" account numbers with AMEX cards by manipulating the last 5 digits), shows that you spent $X and you only can prove you paid $Y and $Y is less than $X... they're WILL come for you! The usage of the card, when you signed it and when you use it for purchases, makes you subject to the cardholder agreement.

If you can prove you PAID what you CHARGED, tell them that you were an "authorized user" only, and that they should read their own Additional Cardmember Agreement, which reads, in part...

An Additional Cardmember is not liable for Charges incurred by the Basic Cardmember or by other Additional Cardmembers. However, by each use of the Additional Card to incur Charges, the Additional Cardmember indicates his or her agreement to pay us for the Charge if you fail to or refuse to pay it, and we may, at our discretion, pursue Additional Cardmembers for payment of Charges they incur or authorize. You authorize us to provide Account Information to Additional Cardmembers and to discuss the Account with them.

[alironz]

I still have not resolved this. I am additional cardholder on deceased fathers account. I have charges under my name for his medicine, food, tax payments, gifts and clothing. He always told me he was responsible so I did not need to use his card as he was responsible no matter what card used. Any thoughts?

[justbroke]

I still have not resolved this. I am additional cardholder on deceased fathers account. I have charges under my name for his medicine, food, tax payments, gifts and clothing. He always told me he was responsible so I did not need to use his card as he was responsible no matter what card used. Any thoughts?

Look at the legal agreement that you have (Cardmember Agreement or "Additional" Cardmember Agreement) it should read exactly as I wrote above in the "quoted" section of my post.

Having wrote that, you are responsible for any charge that you make. That's the plain reading of the Agreement (contract). There is no way for them to determine that you were purchasing for another cardmember. They would ask, why didn't the cardmember make their own purchases?

Of course, you answer to that is that he was gravely ill. You should get your father's death certificate and write a letter to AMEX with a copy of the certificate. Just state that none of the charges are yours and that the cardmember is deceased. This may or may not work, but it's worth a try. Don't get too elaborate about the charges, as you may actually admit that they are yours (yours being that you in fact made them).

[justbroke]

I will also add this. They are required, upon your request, provide proof of indebtedness within 30 days. You need to do this in writing.

Again, get a copy of the death certificate and write a nice letter stating that the cardholder is deceased and that you were originally handling the decedent's affairs. Tell them that they need to send proof that the debt is your within 30 days, or you will consider the matter closed.

Don't elaborate on any charges you may or may not have done. The letter should be no longer than this posting!