
Lisa of Kent, WA on Feb. 21, 2009
I am having a serious nightmare with AMEX. Their application for a business card is deceptive and predatory and is not intended for consumers, yet they are trying to state I am personally liable for corporate debts.
One corporation I am an officer of which has had serious downfall cannot pay its debts. There is a bill of approx $80,000 with AMEX - Costco's Open card to which I signed up for as an AUTHORIZING OFFICER of the corporation in 2006.
Based on the items below, do you feel that I am personally responsible for the debts incurred? Should I continue to fight this or sign up for some sort of program for payment?
I requested a copy of the application for which I signed up, and the application states that my social security number is on the form for purposes of the Patriot Act to confirm my identity. I signed up with the use of the Federal Tax ID number.
The application terms and conditions state, "I as the Authorizing Officer designated herein and the Company (a) request that you open an account in the name of the Company, (b) request that Cards(s) be issued on that account as indicated on this application and other applications, (c) understand that you will renew and replace the card(s) until I cancel, (d) agre to be liable for all charges to the Card Account made by all Cards issued on the account now or in the future (e) agree to be bound by the agreement governing the account and (f) REPRESENT THAT THE CARDS WILL BE USED FOR COMMERCIAL OR BUSINESS PURPOSES." (Please note - there were no personal purchases made.)
All bills were paid off in full at around $20K+ per month until approximately August, 2008.
The application I requested to be sent to me is barely readable, yet decipherable, and the terms and conditions which were on the back of the application do not state that I am "Jointly, Individually and Severally liable" as the people at AMEX try to tell me, from what they pull off of the web as how their current applications appear, in contrast to the original application.
AMEX has violated collection acts by threatening to go after our home. I have written formal dispute letters stating that I am not personally responsible for this debt and that the threats to turn my account to the credit bureaus on my PERSONAL account are basically unfounded and will be fought.
I have filed a complaint with the FTC.
They closed my other card for my accounting business, very unfortunately - I do continue to pay that one off and will protect the credit of my accounting business. They keep insisting that the two businesses are "tied" by my SSN.
I believe they have a responsibility to lend on the business's credit, not my personal credit, correct? If not, they certainly are violating credit acts, very misleading between what is considered a consumer and what is considered a business -
To view this yourself, go to costco.com and click at the bottom of the page where it says "credit cards", click on the card and click one more time to open up what is clearly a deceptive practice of pursuing credit for a business vs an individual.
That being said, where do I stand? Am I on the right track of continuing to file disputes? How am I to protect my personal credit report which is extremely important to me?
Thank you so much for your immediate assistance.