Advice please -

[isitmei]

Credit card confusion- helphelp helpPLease

What is the name of your state? AZ

In July I was told to use a company Amex up to 15,000 to pay me for services rendered. I was an AU. The client paid the Amex bills and then called me and asked to be re-imbursed. I was surprised, refused and then they hired a CA to collect. They are in NY. The CA sent letters and copies to my family members and several friends even another client. I lost work due to the new client feeling perhaps I was a deadbeat. What can the client in NY do legally to me? How can I stop the CA from harrassing me? My family?

 

[Ladynred]

In July I was told to use a company Amex up to 15,000 to pay me for services rendered. I was an AU.

Sorry, but your post is confusing. What EXACTLY did you do here ?? Who owned the AMEX card. Were you an AU on THAT card ? WHO 'told you' to use this card and why ?

 

[isitmei]

In July I was told to use a company Amex .
*The business owner - my client.
Gave me a corporate card in my name as an AU. *

What EXACTLY did you do here ??
*My fee of 5,000 per month was for managing/ training/ hiring/firing /opening and closing of an upscale eatery while hiring and increasing the catering business for the company. This involved long hours and hands on work and on call.*

Who owned the AMEX card
* The client owned the card, but was on travel and felt it was better to pay me via my use of the card.*

Sorry it was confusing. Thanks for your reply. It is very upsetting to me and I am not sure what my situation is legally.
Thanks again...

 

[Ladynred]

Ok, thanks for clarifying. So did you get 'paid' via cash advances from this client's AMEX card ?

Did you have anything in writing for this arrangement ? Do you have any invoices for your services rendered to prove what was charged and why ?

For a collection agency to call ANYONE but the debtor on this bill is a violation of the Fair Debt Collection Practices Act (FDCPA) and they have absolutely no right to do so.. unless this is being treated as a BUSINESS debt and not a personal one. FDCPA doesn't apply to business debts.

 

[isitmei]

Help Please give suggestions?

So did you get 'paid' via cash advances from this client's AMEX card ?

Yes, but only partial. Much of it was travel expenses, gas, supplies, shipping items. Purchases that cash would have covered if I had spent cash.

Did you have anything in writing for this arrangement ?
*Unfortunately no- The client was in NY and California most of the time and the project was in Virginia and W. Viriginia. Both owners were very disorganized it was impossible to get them to sit and sign anything.*

Do you have any invoices for your services rendered to prove what was charged and why - *I have copies of the Amex bills and They told me not to submit a bill since it was already being taken care of on the card! I know it was dumb, I do have contracts with other clients. This was a strange engagement and I got careless. *

So, they have already paid Amex, cancelled the card, and I have not heard since the last batch of letters. What can they do to me? What should I do
if anything? I got paid as far as I am concerned. I can't undo the embarressment from the letters. I just want to know what my exposure could be and would they need to file against me in AZ? Once again Thanks for your insight.

 

[isitmei]

ladynred

post 798260 ladynred ? Any additional thoughts? Thank you.

 

[Ladynred]

The only thing I can say is that without documentation of your expenses, like an expense report or some such, you're going to have a very hard time proving you didn't commit fraud. Verbal arrangements are nearly impossible to prove in court. Unless you have witnesses, it comes down to your word against theirs.

 

[isitmei]

Wow! Fraud? Guess I should talk with a lawyer? They gave me the card with my name on it. How would that work? Yikes. Well that sounds like I should gather some written info for protection. Any other thoughts are appreciated.

Thanks for responding.
Have a great holiday

 

[Ladynred]

If you have ANYTHING that proves they gave you the card with your name on it that would certainly establish that you had the card legitimately. Its proving what those charges were for - reimbursable expenses - that is the hard part.

 

[isitmei]

Eureka!

To: Ladynred:

I have a my copies of the bills for the entire time in question. This card was not for just expenses, it was to pay me my entire fee. They claimed be "cash poor" and this took the place of a regular payment. So why would I have to prove where I used the monies? Hope you had a great holiday, I did and I appreciate your insight. Thanks.