Concerns about payment plan letter from collection agency

[sstx]

What is the name of your state? Virginia

I have a debt with AMEX, which is now collected by TCR. Since I currently do not have the money to pay it off, the agency agreed to take 6 months worth of payments and then re-evaluate the situation. I am OK with this arrangement but I have concerns about a letter sent by the agency. I asked for changes, which the agency refused, claiming that their wording is approved by the state of Virginia and needs to remain exactly the same. When I said that I need to verify that, they called the deal off and stated that they will now proceed with a legal action.

The following were my concerns:

1. After stating the balance, the letter says: "This does not include pending interest, late fees or purchases". I wanted to have it changed to "This does not include pending interest, late fees or purchases as per the original AMEX cardholder agreement." My fear is that by making the first payment I might accept some new and additional charges that were not agreed upon under the original cardholder agreement.

2. While the letter states the name of the creditor and the account number, the section that outlines the payment plan does not mention that the payments will be accepted as partial satisfaction of the debt and that each payment will be credited toward the outstanding balance. I wanted to add some wording to that extent.

I would appreciate your comments regarding my concerns. Were they justified or simply childish (as stated by the agency)?

[olgethorpe]

You were right to be concerned. You simply cannot trust anything a CA tells you...particularly over the phone, but even in writing. At this point, you have no evidence that these people are even connected with AMEX and that anything you would pay them would be used to satisfy your AMEX debt.

Go look at [url]www.creditinfocenter.com[/url] for details on how to deal with this. You need to study the FDCPA...and remember, this has nothing to do with whether you actually owe AMEX anything or not...its all about making the CA prove they have the right person, the right account, the right amount, and the right to collect in your state.

Yes...you may get sued, but there are things you can do to deal with that. Right now, think of it as someone coming up to you on the street and saying, "hey, you have an account with AMEX...we're collecting...give us the money".

Learn your rights...

[sstx]

Actually, I was notified by AMEX verbally and in writing that TCR has been retained to collect the debt. I just wanted to make sure that whatever I pay goes aginst the outstanding debt and there will be no additinal charges/fees that are not in accordance with my original agreement with AMEX.