Question:
Hello. I'm not looking for legal advice so much as advice as to where I can
research this further, briefly what my rights are, and if it's now time to
talk to a lawyer (and recommendations on how to go about finding a lawyer if
it's time).
Here's the background. 2 years ago I had a dispute with a company who
fraudulently charged my American Express card. My husband and I spent the
next 18 months trying to get the issue resolved. American Express call center
personnel do not have records back more than 6 mos. so this became difficult.
After 7 months of trying to get this resolved, I received a letter stating
that we were correct and that the company would credit me back the original
amount ($85). Well they did that and then immediately rebilled me for that
$85 even though we had notified American Express on dozens of occaisions (in
writing too) that this company was not authorized to bill our card. We even
had the old account closed and a new one started. This company did not have
the new number - they must have gotten that from American Express. In the
meantime, American Express erroneously credited/debited my card such that we
now had a dispute totally $255. I did pay the original $85 just trying to get
this resolved as it was taking a few hours each and every month to try and
resolve this.
Well I'm stubborn - I refuse to pay for the phantom charges. I was told I was
correct in my dispute and American Express allowed this company to again
against my directions charge my account. So I refuse to pay these extra
charges. I've had American Express personnel tell my I'm right and that it
would be resolved yet with the next statement - nothing!
American Express finally sent in a collection agency. I went through all this
with a nice person at that agency and sent in a formal letter of dispute. I
thought that everything was resolved. Well now a SECOND agency has been
called in and is now hounding me. This time the gentleman was not quite
abusive but certainly not listening so I told him that after 2 years and now
this second agency that I have had it. I stated clearly that this is in
dispute and that American Express as well as the first agency have been
notified of this with documentation. I also told him to never call again.
This second agency has NOT sent me any letters. I thought I had to receive
notification of this? Can they keep on sending this to different agencies?
I'm at wit's end here. I sincerely regret the day I accepted an American
Express card as they have to be the most incompetent company I've ever had to
deal with.
Any thoughts, suggestions would be most appreciated.
Answer:
You're taking the whole thing too seriously.
Cancel your card. Don't open a new account with American
Express. Don't pay the portion of the bill you don't owe. Don't
return collection agency phone calls. Hang up on them. Send
each collection agency, once, a copy of your prior letter. Use
Certified Mail. Then ignore all further letters. If they harass
you, tell them to stop. In the unlikely event that somebody
decides to sue, it will be in small claims. Countersue for the
$85 you overpaid, for breach of contract regarding unauthorized
charges, for negligent infliction of emotional distress and
negligent damage to your credit rating regarding the collection
agencies actions. Go to trial, win, be happy.
