AMEX just called me . . . . . .. with an offer

[zscfan]

I previously posted on another thread about AMEX calling my former employer (where many of my friends still work) and humiliating me. I was wisely advised to start answering the collection calls (which I finally had the courage to do).

Honestly, I am not good at handling the creditors. I simply told AMEX that I lost a lot of my monthly income in November/December and that I have zero money to pay creditors after I pay rent, food, gas, etc.

AMEX asked me to take money out of my 401k. I (lied) told them that I didn't know you could do that and would look into it but cannot make any promises on anything. Is that a good answer?

In reality, I only have a few thousand in my 401k and that wouldn't make a dent in my debts, even if I could withdraw the whole amount. Maybe I should have just told them that.

[fltoo]

Give them no info.

Are you filing for BK? I answered all calls just so they did not call anyone else.

Just tell them you are filing BK. If they ask the lawyer's name, just say, I will call you when I have that info and hang up. Every time a collector calls, tell them the same exact thing and hang up. They are only doing their job, don't let them get to you. Most of them hate calling you as much as you hate answering the phone. They just need the job like everyone else.

[ready2puke]

Just curious what kind of offer did they make you? I'm probably getting all kinds of offers but I just dont answer there calls. No reason too. Personally I wouldnt bother telling them you'll look into it, they will keep buggin you on that issue. Just tell them you dont have one. Its none of there bees wax if you have money in an IRA period!!!

[zscfan]

AMEX offered me something like 9.99% interest, basically $300 per month. I was only half listening because I knew that I am filing BK and will not take any offers.

I did tell them that I have a 401k, didn't say how much was in it, honestly I am not even sure of an exact amount. They also asked how much I make, I told them my take home pay every 2 weeks is about $750. I probably shouldn't have said anything, I am kind of learning as I go along.

[zscfan]

P.S. Thanks for the advice. I need to learn just to state my intentions (BK) and hang up.

[CompTweaker]

Sorry you're going through this zscfan, and welcome to the forum. First let me tell you that you DO NOT have to cash in ANY retirement to pay creditors. Its protected under BK and other exemptions. Now if you cash out, the money is no longer protected. But as long as you leave it, its fine.

Second, I dont know what they did to embarass you while calling your work, but if there is recorded proof that they told people that you owe money and that was why they are calling, that is a violation of the FDCPA and it will cost them $1000.

Look, just pretend you're dealing with a bully in elementary school who wants your lunch money. While you cant physically do anything to them, you CAN and SHOULD exert yourself as the one in control of the conversation, because YOU ARE!
Ask them their name, phone number, who they work for, and the address of their employer. They MUST provide this when asked. If you want, you can state your name, state that your current address is correct, and then NOTHING ELSE! Tell them you are aware of your rights under the FDCPA and that you DO NOT DISCUSS financial matters over the phone WITH ANYONE! Tell them if they have anything they want to discuss with you, to send it in writing, and then hang up. No matter what they say, dont acknowledge any debt, and remain firm in NOT discussing financial matters over the phone.

Then, if you want, after getting their address, send them a cease and desist letter so that they will not call you anymore.

[2Bshinyandnew]

2. Amex as an OC, can basically do as they please and are not bound by any rules of the FDCPA, and this would include calling her work and if they chose too (not wise, but yet not illegal) to tell anyone who wants to listen her whole history with Amex.

I did not know this either until I started reading here and researching FDCPA. I got all bent out of shape when BOA called my ex at work. I was ready, all fired up about violations, and...BAM! OC aren't bound by FDCPA. Took the wind right out of my sails! You know what though, I can focus my energy on areas I can change and will help my immediate situation.

Tough pill to swallow, that the OC can make harassing calls and such and, unless I have the time, money, expertise and motivation, will get away with it. The BOA calls to work stopped after my ex said he was planning on filing BK, although there is no guarantee that this will work, it did in our case.

[treehugger1]

And , this is why I believe one should always "opt-opt" of privacy policies. Most privacy policies that I've read are related to the ability of the creditor to "share" information about you, rather than to protect certain information.

Here is an example. I opened a debit only account one time a few years ago with a bank. In the privacy policy, they stated who they had the right to contact and there was also information stating they would contact other parties that might be necessary. If I decided not to "opt-out," then I basically gave them all kinds of permission. I called them and told them I wanted to opt-out of sharing any information related to me, other than what was allowed under state and federal laws. (They can share info about me in the necessary course of my account, share with law enforcment, if necessary, etc.) They cannot ever call a family member, colleague, etc.

I think many of these privacy policy "opt-out" things have folks believing that if they opt-out, then information can be shared. I think the truth is that opting out gets you more privacy. I'm not sure how all privacy policies work, so everyone should always read the policies carefully and see what YOU ARE agreeing to by NOT OPTING-OUT.

I wish I knew more about the "opt-out" scenario, but it deos appear to have the opposite of effect of what one would expect.

You are always protected by identity laws. Sharing information with others related to your identity is possibly illegal unless you agrred to allow this by not opting-out. Maybe others have more information.

Also, keep in mind that in some states, there are laws that give consumers the same rights with OC's as the FDCPA. Oregon laws refer to ALL persons attempting to collect on a debt. And, there are specific laws here related to how often you can be contacted at work by a creditor (once per week.)

[treehugger1]

Yes,

You can use the laws. The downside is that it is limited to $200 per violation. OR does have a C&D law that refers to OC's though.

I wonder if one can apply the violations as a plaintiff in small claims?

I'm not all that concerned about suing someone or someone suing me. Eventually, I'll get sick of wage garnishment and file for BK, or if enough time passes I can invoke the SOL rights.

[CompTweaker]

3. Even if it was a CA that called and not the OC, being "humiliated" or as you put it "embarrassed" is not worthy of a FDCPA claim. Where you come up with this stuff is beyond me, maybe you really need to fully read the posts before you comment or give your so called advice. Yes, if a CA talks to a third party and discloses the nature of the call, then yes that would be a violation of the FDCPA.

Look at the bold black print that you stated yourself...Thats exactly what I was referring to, and you would have seen that if you would stop getting so emotionally charged when you respond to me.

Well, at least I own up to my mistakes. Yes, AMEX is the OC, and you're right. FDCPA applies to debt collectors. I made the mistake of not recognizing that part and I admit it. Now lets see you own up to the many mistakes you've made in many threads that you have chose to look over. My typo of embarrass was just that....I hit the "r" twice but it didnt register twice....oops, I messed up again mr hall monitor, I forgot the apostrophe for dont, well guess what, thats my style because Im usually in a hurry to post and I purposely only use it occasionally. You're getting all petty now arent you? Is this what it will come to now, screening my posts for spelling mistakes? lol, whatever man.....whatever floats your little ferry. Normally I dont point out other people's mispellings or grammatical errors, I make them too.... but you left that door wide open when you posted in the other thread:

Your delusional if you think your this smart.

Sorry, but I just couldnt help myself when I pointed that out. And boy are there many more errors in many of your posts, so if you really want to hound on grammar and spelling, you've got a long way to go big buddy. But really, I dont care. Like I said, I just wanted to point it out that one time since you wanted to attack other poster's "smarts". Use yur if you want to, or yer, this is petty and it obviously matters more to you than it does to me.

[2Bshinyandnew]

CompTweaker, you quoted BigBoy2U as saying

" Originally Posted by BigBoy2U
Your delusional if you think your this smart."

The quote link directed me to a post that did not contain that statement. Where did this quote come from? Did I miss it?

[CompTweaker]

CompTweaker, you quoted BigBoy2U as saying

" Originally Posted by BigBoy2U
Your delusional if you think your this smart."

The quote link directed me to a post that did not contain that statement. Where did this quote come from? Did I miss it?

The last post on this page

http://www.bkforum.com/showthread.php?t=34381&page=4

[2Bshinyandnew]

The last post on this page
http://www.bkforum.com/showthread.php?t=34381&page=4

Would you mind not cutting and pasting quotes out of different posts without leaving the link to the post attached? When you use the quote feature, it makes the post like a wiki, and the link from the quote brings the reader to the post the writer is referencing.

[CompTweaker]

Would you mind not cutting and pasting quotes out of different posts without leaving the link to the post attached? When you use the quote feature, it makes the post like a wiki, and the link from the quote brings the reader to the post the writer is referencing.

Just for you, I'll be sure to do that.....I actually didnt realize or have I used that little link feature from quotes before, so I wasnt trying to do it on purpose. Most forums I have used in the past dont provide a link when quoting, just the poster's name and what they posted.

[2Bshinyandnew]

I wonder if one can apply the violations as a plaintiff in small claims?

Wouldn't that depend on the statutes, or whatever form of codified law applies to the state the the Plaintiff resides in?

For example, Mr. Consumer lives in a state that has statutory/codified debt collection laws, which, as long as they offer MORE protection to the consumer than the federal FDCPA, apply to Mr. Consumer and the CA registered to do business in the state Mr. Consumer lives in.

Now, as a Plaintiff, would Mr. Consumer file his case in the county he lives in or the county where the JDB has registered to do business in his state? (if they are different)