Need Help! AMEX sold my debt to NWC without notifying me.

[Inthedesert]

I divorced summer of 2007. My ex-wife was awarded the entire debt from the American Express Credit Card. The divorces was filled a year earlier stating no erroneous spending/charges will be made.

 

I left all my accounts open so she would have monetary funds to care for our son. In 2 months she took the 500 balance AMEX to over $13000. When I found out I closed the account. This closure caused the bouncing of several balance transfers she was trying to put on my card from hers. Even though she is court ordered to pay the debt she is only an authorized user and I’ve been told I am still legally responsible.

 

While in Iraq I continue to contacted AMEX at least once a month to make sure the payments are getting paid on time and that my ex was following through on her portion of the payments. AMEX always told the account was current and all payments had been made on time. Last time I spoke with AMEX was the end of October.

 

I went home on two week military leave in the beginning of December and as a result had my cell phone turned back on.

 

During that time I received a call from Nationwide Credit. It was the most disturbing call ever. They threatened to sue me if I didn’t pay the debt in 2 hours. I told them I was a soldier and currently on 2 week leave and would return to Iraq in the next week. The Collector laughed at me and told me “your little deployment scheme isnt going to workâ€. Told me that they weren’t going to fall for that trick because I was the sh*tbag that didn’t pay my bills.

 

I tried to go JAG lawyer but I don’t know how much they can give me.

 

I’m back in Iraq now so it’s even harder to get things done.

 

The funny thing is I don’t have one delinquent account. If I would have known I would have paid it. I have all the money needed in a liquefiable asset. That’s why I called them so often for the purpose of checking because I know my ex wouldn’t tell me.

 

I haven’t received anything in the mail, nor has my mother who receives all my bills. This phone call was out of the blue(and it ruined my holiday and the last few days I had left with my family)

 

What can I do? I can’t just go pay it now, American Express won’t talk to me. I would pay the whole amount but now I’m going to have bad ratings and extra fees.

 

PLEASE help. I need some advice on the next step

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[KYBOSH]

That SUX!

Sorry to hear this.

I dont understand about your ex getting the use of the credit cards as part of the divorce settlement.

What's that about?

 

Amex doesn't have to tell you when they send you to collections or sell off your bad debt.

Although they should have told you if the account WAS NOT current.

 

I am really unclear about the legality of the whole thing but if you were ORDERED by the court to hand over your credit cards to her for her exclusive use then you should be able to use that in order to clear your name.

 

You will have to talk to a civilian lawyer about this. Financial, Divorce or (if your lucky) one that specializes in both!

I believe JAG lawyers are expects in military law and not this kinda stuff.

 

Good Luck

[Inthedesert]

Well Im not so much concerned about the Divorce Part. While we were seperated she range up the debt. As a result when our divorced was finalize the court ordered her to take that portion of the debt because she charged it all.

 

When it comes down to it, its in my name so I am responsible to pay it. Then I can sue her afterwards but I am the one the credit card companies will come after.

 

My main concern is dealing with Nationwide Credit and trying to stop them from ruining my credit.

I have a perfect credit report and I always have.

 

I have read some post about submitted letters so they don't call anymore and only to respond by mail. I want to send one of these letters that why I am guarenteed to get all paperwork while I'm over here so I won't be blinded when I come home this fall.

[Inthedesert]

Don't they need to at least send me statements saying the bill is not being paid or is late before they can sell it off?

[Chris in OK]

If it was me, and I had the money readily available in a liquifiable asset, I'd liquefy it and pay it. Then I'd go after my ex, sue her in small claims court.

 

Of course, I'm kind of unconventional, but hey WTH!

 

Thank you for your service, BTW. It means a great deal to me.

[hoapres]

Another option would be to send a DV letter to the collector. And follow that up later with a C&D letter. At that point, Amex may take the debt back which allows you to deal directly with Amex. The other possibility is that the CA sues you directly but then you are most likely protected under SSCRA until your Iraq TDY is completed.

[hoapres]

You could contact Amex directly and tell them "If you don't deal with me directly then you are not going to get paid. You can also tell them you are going overseas on military service and if you insist on going through a CA then you won't be getting paid for a long time."

 

The other option is to send a check directly to the Amex billing address for the amount due and don't be surprised if they cash it.

[OneStep]

You might try checking out this thread http://creditboards.com/forums/index.php?showtopic=274783 and maybe talking to breeze directly.

[toopooor]

The funny thing is I don’t have one delinquent account. If I would have known I would have paid it. I have all the money needed in a liquefiable asset. That’s why I called them so often for the purpose of checking because I know my ex wouldn’t tell me.

 

I haven’t received anything in the mail, nor has my mother who receives all my bills. This phone call was out of the blue(and it ruined my holiday and the last few days I had left with my family)

 

What can I do? I can’t just go pay it now, American Express won’t talk to me. I would pay the whole amount but now I’m going to have bad ratings and extra fees.

 

is it reported as late on the CR? Why won't amex talk to you?

[KYBOSH]

Why won't amex talk to you?

 

Amex, like Cap1, wont talk to you about accounts in collections.

They simple transfer you to the CA.

Unless you are looking for statements and things like that.

[Inthedesert]

bump

[Frisbee]

I hope this link will help you out.

 

http://www.abanet.org/family/military/scra...guidecklist.pdf

 

Please continue to post in this thread. We all appreciate your service and wish you well. We will try to help you in any fashion.

 

Good luck.

[breeze]

I don't think AmEx has sold it. They use a 3rd party agency to collect. You do have a beef with them that they did not contact you for payment prior to letting the account go bad.

[Frisbee]

One more thought: American Express doesn't usually sell the debt. They farm it out to either Nationwide or NCO. That's been my experience.

 

I really hope there is some way JAG will help you to nail the salamander from Nationwide who said those awful things to you.

[Inthedesert]

I took the information to JAG today after drafting two letters, one asking for validation and one highlighting their numerous violations of FDCPA during their phone call.

 

Since the debt is not sold to Nationwide only farmed out how is the information report to the CRAs affected? Does this mean it will show up as a late payment instead of "in collections"?

 

Once the JAG gets the letters off to Nationwide I want to draft a goodwill type letter that express my disappointment with the methods they used, the fact that they made no effort to contact me when they knew I was deployed (they have a copy of my orders from April 07 so my interest could be dropped to six percent), and how they have lost a loyal customer with great credit. I would also like to bring up the fact that associating with a company that violates the FDCPA like Nationwide gives AMEX a bad name. Also AMEX also has a recent contract with USAA for USAA to issue AMEX cards to its members. If USAA is going to issue AMEX cards, AMEX needs to treat its military cardholders better. Is this a good idea? Any suggestions on a letter?

 

One last issue I discovered today, there is an inaccurate address on all of my credit reports. It is my ex's apartment from this past summer while I was deployed. I never lived their; she got the place after our divorce. Maybe it is why I never received any notification from AMEX. I plan on composing letters tomorrow to the CRAs but how do I deal with it if it’s the sources of the AMEX error?

[Frisbee]

If you are going to highlight violations, there is a violation if they contacted you (first contact) and did not get a letter into your hands w/i 5 days.

 

I think it's worth a shot to goodwill American Express. However I'd make sure it got into the right hands. I'd definitely make sure to at least CC:the CEO, if not write directly to him. I don't really think American Express would condone trashing our military personnel.