I Am in Debt to American Express And Being Sued By AMEX. – Linda

 

March 26, 2009

Linda wrote to me through the GetOutOfDebt.org site and asked the following question. If you have a credit or debt question you’d like to ask just use the online form. I’m happy to help you totally for free.

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“Dear Steve,

I have been a customer for 13 years. In that time my payments were never late. Dec. 2007, I was late. A customer rep called me and I handled it right away. (Late payment was the result of an unexpected death in immediate family.)

As a result the interest rate was raised to the maximum 29%. This made my monthly payments change from the $140 I’d been paying to over $250. I called immediately and was told that after 6 months of on time payments, my interest rate would be restored to it’s original amount.

It was difficult, but I managed to make the 6 months of payments. But when I contacted AMEX to again request my rate be restored, I was told that whoever I’d spoken to prior was incorrect and my rate would not be changed. My question is, is that legal to bait & switch like that? As a result of the rate hike, I have since defaulted on the account and am now being sued by AMEX.

Linda”

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Steve’s Answer:

 

Dear Linda,

Unless you have something in writing to prove they made the statement it will be your word against American Express and with their lawyers, they will win the battle.

The offer they made you is one that I have heard many times before. But just because they made the offer does not mean they have to honor it if their policies changed from when they made the offer to the point you made the last payment.

Currently a creditor can change terms with as little as 15 days notice. As a debtor, you have little control over what the creditors are going to do.

Your AMEX lawsuit is probably going to end with you losing. That will lead to a judgment and/or a wage garnishment. To end that you might have to consider bankruptcy. Talk to a local bankruptcy attorney about that.

If you are being sued, you should seek legal assistance from a lawyer licensed in your state. American Express is not to played with or taken lightly. They are a take no prisoner creditor.

Big hug.

@GetOutOfDebtGuy

Source: I Am in Debt to American Express And Being Sued By AMEX. – Linda

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Tags: american express, amex, creditor promise, lawsuit, promise