January 4
American Express
Attn: G. Martin, Supervisor (Customer Service)
PO Box 297879
Ft. Lauderdale, FL 33329-7879
Re: Account # 3739-
Dear G. Martin,
I posted you a letter on January 24th wherein I described the matter of my stressed financial condition as the result of an active (and fiscally consumptive) divorce process. I enclosed a partial payment with that letter and asked for a time payment option. I also asked that you freeze the account and reject any further use of the charge card (s). Subsequent to that letter, a representative of American Express called and confirmed that monthly payments would be acceptable if they were made as scheduled and promised... They have been; and a schedule of payments, canceled checks, bank statements, and invoice copies are attached as evidence accordingly. I was very appreciative for your benevolence and the consideration of my request it helped my through some trying times to be sure. As a footnote, the divorce is now final (after over $37,000 in legal fees) and, by the way, the adjudication for the custodial parent action was determined in my favor.
My account was opened with American Express in early 2001 and I always paid the full balance due each month without fail and under the terms of our contract. Prior to the date of my January 24th letter, my payment record was exemplarily my continuing payments on the account have been dependable and consistent as well.
I received a voice mail at work from a company called Total Credit Recovery (a Canadian Based Collection Agency) on December 28th and I subsequently returned that phone call (888-230-2217 / Ext. 3516). I spoke with Nicole Samuel and assured her that I had not missed any payments. She was nevertheless condescending and extremely rude she was also unwilling to discuss the matter. She stated that I must make full payment immediately or she would see to it that I would; face an embarrassing and credit-damaging collections action. I asked to speak with her supervisor and she refused. I told her that if she had more calls to make, they need to be to my home telephone and I hung up.
Subsequent to that, a Miss Martinez (Ext. 3501) called me at work on January 4th and also left a voice message. I returned her call a few hours later and was met with even more hostility and harassment. I told her that I did not want my work disrupted and would return her call from home and hung up. She immediately called me back at work and made many additional threats and intimidating comments including: what kind of little man doesn't pay his bills and are you aware that I can shut you down little man! And you better pay your bill little man or I'll see to it that we double the amount due and I'm going to keep calling you back every time you hang up little man and do you know Chase and M&I? I'll see to it that your mortgage company drops you little man. I hung up again and she called back again, and again, and again, and again.
In a final angry exchange (which included expletives) she told me she would keep calling until she got through to my supervisor I informed her that I intended to record all subsequent conversations with her. I hung up and let the next call go to my administrative assistant who subsequently provided Miss Martinez with my supervisor's names. I tried to call back from home on the evening of January 4th and the woman (Shannon) who answered the phone, referred to me by name without prompting and asked for my social security number to insure my identity. I asked why it was that see needed to know that since she already knew my name. I also refused to give her that information but agreed to provide my date of birth to which she promptly stated sorry that does not match our records. I also asked for the address of Total Recovery Systems and she provided me with a street address in Toronto, Canada. She once again asked for my social security number and I again refused she hung up. As a footnote, I have never received any written payment demand notice from Total Recovery Systems. And since there is not a date-of-birth match, is it possible that this matter has been confused?
In any case, I am enclosing the full balance due of $1,176.09. I expect that will put the matter to rest immediately and keep clear/clean any disparaging credit reporting or references. I am further reserving my rights to action and litigation under the Federal Debt Collection Practices Act. I am also providing a copy of this letter, my supporting records, and other applicable information to the office of the Washington State Attorney General for review and dispensation as well as to my state/federal representatives, and other state/federal agencies responsible for consumer protection. If Total Credit Recovery is acting as your agent, you should be ashamed! They are not considering your image or best interest, to be sure. I am sure you are aware of their procedures and tactics; you share in their culpability certainly in their shame.
I am but one little man in the base of an economic pyramid built and supported by little men and women. I am left to wonder how much impact I (we) can have on the cooperate irresponsibility that you seem to promulgate and promote. One voice becomes two, then four, then eight, sixteen, thirty two you get the picture, I'm sure.
The Fair Debt Collection Practices Act provides for a 'cease and desist' provision which allows debtors to send a certified letter to the collector instructing him/her to stop contacting them. Please consider this letter as just such an order. As you may know, debtors can sue collectors and the creditors they are working for if collectors violate the Federal Debt Collection Practices Act the tactics and procedures of Total Recovery Systems have done just that.
I, in the meantime, remain morally and ethically comfortable that I have met the conditions of my promise to you to insure the complete retirement of my debt. I did not try and negotiate anything less than that. I worked with you through a time when I might have done otherwise out of desperation I did not turn my back on my responsibilities. We are both now made whole, one of us honest and proud and you it appears, something much the less than that!
Gregory
Okanogan, Washington
U.S.A.
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