Consumer complaint received 2023-12-08
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: AMERICAN EXPRESS COMPANY (GA)

In XXXX of XXXX, I was contacted by the credit card company and offered a financial relief program which was required to be done on a recorded statement with the companys representative to memorialize the agreement which included requirement for paperless/electronic statements and correspondence as well as automatic electronic payments. In the agreement, I was advised that the agreed upon amount for the settlement would be {$9300.00} and that I was able to make payments electronically at least 48 hours prior to the scheduled date if I wished to make payments greater than the minimum required payment of {$340.00} per month. During the first few months of the agreement, I was able to make payments in the amounts of {$800.00}, {$410.00}, {$500.00}, {$400.00}, and {$350.00}. After the {$350.00} payment in XXXX of XXXX, the company failed to process the automatic payments in XXXX, XXXX, and XXXX. In XXXX of XXXX, I was contacted again by the company and there had been an error on their end that caused the payments to not be processed as agreed in XXXX of XXXX. Again, a recorded statement was completed regarding the resumption of the payment agreement. Payments wer processed for {$340.00} each month from XX/XX/XXXX until XX/XX/XXXX when the company again stopped processing the automatic payments. In XX/XX/XXXX, a representative contacted me again and an additional recorded statement was completed by the representative to resume the automatic payments that had been agreed upon in XX/XX/XXXX. On the recording, it was required that I authorize an immediate payment of {$340.00} and a post dated payment of {$1000.00} ( which violates the FDCPA ) in order to resume the agreement due to the companys failure to follow the agreement to process automatic payments for XXXX consecutive months. Payments of {$340.00} resumed until XX/XX/XXXX per the agreement as the amount agreed upon in XX/XX/XXXX had been wholly satisfied. In XX/XX/XXXX, I contacted the company due to receiving notice that the account had been charged off on my credit report and receiving notice from a collections agency for an amount of excess of {$12000.00} on behalf of the company without any prior written notice regarding this matter by electronic communication or certified mail. The company retrieved the account from the collections agency but never addressed my request regarding the resolution of the account discrepancy that was not in accordance with the agreement reached that was recorded by the company in XX/XX/XXXX. I reached out again in XX/XX/XXXX to follow up regarding resolution of the discrepancy and was advised that there was no one who could provide me written confirmation of any account changes, the financial relief agreement that had been recorded three separate times due to issues with the company not processing payments as agreed, or the debt resolution that had been successfully completed in XX/XX/XXXX. In XX/XX/XXXX, the company filed suit for debt in excess of {$12000.00} and breach of contract. I filed an answer and denied the amount as well as the breach of contract as the company had breached the terms of the contract by not processing payments over two separate periods of three months each time which delayed the resolution of the debt. The company produced statements that had never been provided to me prior to the filing of the law suit and had a custodian of records from the company sign two affidavits stating that the records were correct and that I had been mailed the documents. A separate custodian of records testified in a motions hearing that he was unaware of the recording of the agreement over the three calls made by the company to myself regarding the financial relief for settling the debt and that the company does not save their recordings. The financial institution would be required to save said recorded information for no less than seven years as the recordings are considered financial records. The custodian of records also testified that documents presented in the case were mailed to me that were never mailed. At no time, since XXXX of XXXX have I received any of the correspondence by electronic communication or by certified mail as required in the recorded agreements that the company has failed to produce. The company also never addressed the recorded agreements in their filings. The custodian made false testimony that I had contacted the company requesting the relief program in XXXX of XXXX when at no time prior to XXXX of XXXX had I made contact with the company to discuss any issues regarding the account. The company first contacted me in XX/XX/XXXX and we reached an agreement that was recorded by the company as the representative stated was required to have a verbal agreement. At no time since XX/XX/XXXX, had the company provided any of the documents that they have presented in court prior to the filing of their complaint in Suoerior Court.