It is unusual for a person to begin receiving collection calls from a third party collection agency, such as Nationwide Credit, without first receiving written notification from the collection agency. The reason that you are in collection, however, is that you are failing to make the full minimum payments on your American Express Bill and now you have overdue credit card debt. I will explain more in just a moment.
Seek some help (and possibly debt settlement or credit counseling) to solve your underlying debt problem. If you want a free debt consultation with one of Bill's approved debt help partners, click here: Debt Help Savings Quote
Nationwide Credit
Nationwide Credit is a primary collection agency used by American Express. I would suggest you not make any payments to Nationwide Credit before contacting American Express and confirming that Nationwide is handling your account. You should also contact Nationwide to ask them to send you a written statement of your account, including the balance and the account number.
It is not too Late to Call American Express Directly
If you contact American Express directly, it may be willing to work with you to bring your account current and resume making payments. American Express may be more willing to work with you than the collection agency in helping you establish a payment arrangement you can afford. Hopefully, your income has improved enough to let you pay more that $300 per month, as that is quite a small payment on a $60,000 account (in fact, it is negligible... your minimum payment on $60,000 is probably over $2,000 per month... and going up with late fees and jacked up interest rates).
Even if you cannot pay more than $300 right now, Amex may be willing to accept the lower payment amount for a few months if you can commit to larger payments once your income has improved. You do not mention in your question whether or not you communicated with American Express about your financial difficulties before you started making lower monthly payments. If you did not speak with American Express before they referred your account to collections, then you should definitely do so. Even if you did talk to them before they sent your account to Nationwide, it is worth calling American Express again to discuss what you can do to pull your account out of collections and bring the account current.
If American Express will not offer you an affordable payment arrangement directly, you can ask Nationwide what repayment terms they can offer you, as they may be able to work out a payment arrangement with you as well. If you can raise a lump sum, you may also be able to settle the account with either Amex or the collection agency. For example, if you can raise $20,000, American Express may be willing to accept that amount to resolve the account and forgive the remaining $40,000. While the settlement amount AMEX will accept will vary depending on the status of the account and your financial circumstances, it is likely that Nationwide or AMEX will accept a settlement on the account if you can raise enough money to offer a reasonable amount.
Consider Debt Settlement
To assist you in negotiating a settlement, you may want to retain the services of a professional debt negotiation firm, which specialize in negotiating settlements for their clients with the creditors. A settlement agency may be able to establish a payment plan to help you build a lump sum to offer to AMEX as a settlement. There is one major drawback to debt settlement programs. They will significantly damage your credit while in the program and for a period afterward. Given that you are already delinquent, your account has been assigned to a third-party collection agency, and the size of your debt, your credit is likely already severely damaged. As you are currently unable to afford to pay AMEX, the impact of debt settlement to your credit may be worth the benefit of ridding yourself of the credit card debt. To learn more about various debt resolution options, I encourage you to visit the Bills.com Debt Help page.
Future Considerations
Another issue you must consider when deciding how you should resolve this debt is whether or not you will need this credit to continue operating your business. If you are able work out a repayment arrangement with AMEX to bring the account current and pay if off, AMEX will likely allow you to maintain your account for future use. However, if you decide to try to settle the account, AMEX will almost certainly close the account. In addition, the damage to your credit rating caused by not paying the account off in full could cause you significant problems in obtaining future credit from AMEX and from other creditors. If you need credit to operate your business, you probably should work with AMEX to bring the account current, in order to minimize the negative impact of this delinquency.
As mentioned previously, I encourage you to contact AMEX to discuss the options available to you to repay this credit card, hopefully allowing you to maintain the credit you need to successfully operate your business.
I hope this information helps you Find. Learn & Save.
Best,
Bill
San Luis Obispo, CA | February 08, 2012
Thermal, CA | November 16, 2011
November 17, 2011
Dallas, TX | October 08, 2011
October 09, 2011
Debt settlement could lower the total amount you owe, though you need to be able to make the monthly payment the debt settlement program demands. You don't pay a fee to the debt settlement company, if you choose the right one, until after your account is settled.
Dallas, TX | October 09, 2011
Miami, FL | October 04, 2011
October 04, 2011
You may be able to close your account and keep the same terms that you had. If you want to continue to keep the card open, then you have to accept the new terms.
The Credit Card Act of 2009 addresses what happens when a creditor hikes a customer's interest rate or increases fees, but not what happens when the credit limit is reduced. If your interest rate was hiked, you can close the card and keep the interest rate at the current level, but there is no similar provision listed for a credit limit reduction.
The Fair Credit Reporting Act does address the issue somewhat. If your limit is reduced due to information on your credit report or based on an evaluation of your credit score, then the creditor must notify you of this.
I suggest that you contact AmEx and ask what terms they will require for minimum payments. I believe they can increase and potentially double your minimum payment, but I don't believe they can ask for payment in full. If they ask for a payment that you don't feel you can make each month, try to negotiate better terms.
From my experience, it is highly unlikely they will move to sue you, without giving you some sort of payment option. The only way they can get a levy against your wages or bank accounts or file a lien against you is if they first sue you and obtain a judgment.
Stratford, CT | August 31, 2011
August 31, 2011
Progreso Lake, TX | August 19, 2011
Holbrook, MA | July 14, 2011
July 14, 2011
Port Charlotte, FL | July 23, 2011
July 25, 2011
It seems the best course is to try to save up some money as quickly as possible and then call and negotiate a settlement. While it is possible that the longer you wait, the lower the amount that they collection agency may accept, it is also possible that the longer you wait the likelier you are to be sued.
Venice, CA | June 10, 2011
June 14, 2011
Santa Clarita, CA | May 03, 2011
May 03, 2011
Some unscrupulous collection agents will telephone the spouse or family of the decedent and say they owe the decedent's debts. As discussed above, this claim is almost certainly untrue. If you receive such a call, refer the collection agent to the executor, and do not pay the caller a dime unless the executor explains why you owe the debt.
In summary, the decedent's estate must go through the state's probate process. Consult with a lawyer in the decedent's state who has probate experience to learn how to begin this process.
Boston, MA | May 09, 2011
May 09, 2011
You wrote that the debt was from 'years ago.' If the debt went into charge of status in 2006 and you have not made any payment on it since, the debt may have expired due to the statue of limitations. If that is the case, you won't have to pay the debt. That won't eliminate it from the credit report, but will allow you to decide if it is more important to pay the debt to improve the credit score or to not pay the debt and suffer the harm to the credit score. Given the size of the debt, I would speak to an attorney about the statute of limitation for debt in Texas.
Melrose, MA | May 19, 2011
May 20, 2011
Your only reasonable option is to call, explain your situation, and emphasize your desire to repay the debt as quickly as possible. Please return here to share what you learned.
South Ozone Park, NY | May 24, 2011
May 24, 2011
Vallejo, CA | April 21, 2011
Loading more commentsSince you don't have facebook, please provide us with your location and a valid email address so we can answer it. Without a valid email address,we can't reply. (Go back to login with Facebook)
Due to the high volume of comments received, we cannot publish and/or respond to every comment received. If you have a specific question, we recommend you search our site for an answer before commenting.
* Bills.com will not share, sell, lend, or make public your e-mail address. We reserve the right to delete any questions or comments that violate the Bills.com terms of service.
We get a lot of comments! Before commenting, we ask you to do 2 things:
Log in
Like us
Submit your comment!
Due to the high volume of comments received, we cannot publish and/or respond to every comment received. If you have a specific question, we recommend you search our site for an answer before commenting.
* Bills.com will not share, sell, lend, or make public your e-mail address. We reserve the right to delete any questions or comments that violate the Bills.com terms of service.
Thank you for your comment. Your comment will be posted shortly.
Comments (147)