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Sub: #1 BOA Settlement gone wrong??
Replied on 11-13-2009, 05:43 PM
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I settled with Bank of America on two credit cards last year. Two months ago I received a bill from a collection agency that said I owed money on the Bank of America Credit Card. I called BOA and they explained to me that my account was settled/closed out, they couldn't access any of my information and that card was sold to Barclays. I call Barclays and they explain that they can't help me, it's in default and to contact the collection Agency. I contact the collection agency, send over all of the paper work ( settlement agreement, pay dates, copies of checks, ect.. ) the tell me they'll close out my account because their must have been a "mistake".

I just received another letter today from another collection agency stating I owe the money from the Barclays/BOA Credit Card. I call them up, explain the story on how I settled with BoA and now they want to see all the settlement paperwork.

My question is this: Does this happen a lot? Why would BOA sell off my account when I settled on it? What can I do to make them stop from sending me to collections? I obviously have all the paperwork and proof I settled.


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Sub: #2
Replied on 11-14-2009, 04:36 AM
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i would send them all of the paperwork that you have.. something similar happened to me once and it all comes down to how they word the settlement. in my case i thought i was settled and paid in full but in reality they sold the remaining balance to a third part collector and after they validated i did have to pay.

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Sub: #3
Replied on 11-14-2009, 09:38 AM
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Quote:
Originally Posted by Anonymous View Post
My question is this: Does this happen a lot? Why would BOA sell off my account when I settled on it? What can I do to make them stop from sending me to collections? I obviously have all the paperwork and proof I settled.
Have you got anything from them marked as 'settlement in full' or similar? That right there would constitute a pat defense.

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Sub: #4
Replied on 11-16-2009, 08:22 AM
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hopefully your letters stiate payment in full like wolf says or they could have sold the remaining balance to someone else. but if it does, be sure to send them all the info proving it settled so that they can remove it it shouldnt be a issue, just inconvience


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Sub: #5 Yes
Replied on 05-12-2010, 07:42 PM
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Originally Posted by love_my_things View Post
hopefully your letters stiate payment in full like wolf says or they could have sold the remaining balance to someone else. but if it does, be sure to send them all the info proving it settled so that they can remove it it shouldnt be a issue, just inconvience
Wow, I just checked this now after a few months! Thanks for the responses. Yes, it says once the last payment is made on the settlement offer, the account will be forgiven in full. I'm on my 4th collection agency since I posted this. I fax the information over to the collection agency, follow up, and the collection agencies tell me that I'm in the right, they can't collect on a settled account and send the information back to Barclays. A month goes by and I'm in collections with another agency. The whole cycle begins again.

Is there anything else I can do or contact?

I've tried contacting Barclays and have gotten nowhere with them. They won't even talk to me, they send me to the collection agency. I've called Bank of America where the card originally was from and they told me all of the settled and unsettled cards were sold to Barclays. I keep getting the run around.

Help!

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Sub: #6 info to help & info to know
Replied on 05-12-2010, 09:31 PM
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if you have a settlement letter and proof of payments you will be fine. you might deal with some assholes that choose to ignore the facts but in the court of law with a legal binding letter and proof of payments the judge will always be in your favor.

make sure those payments were made on time too.


if everything is right on your end dont lose sleep over it, you can fax everything to the collection agency and b of a too.

aka

Sub: #7
Replied on 05-13-2010, 05:58 AM
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funny this should come up. i actually talked to a BK attorney this week about my situation. we started talking about DS and he said that was a bad move. he said to me "whats to say that the person that signs that piece of paper has the authority to completely remove the debt" and "whats to stop them (the CC or CA companies) to come back in 2 years to sue and put a lien on my property.

very interesting indeed!

Sub: #8
Replied on 05-13-2010, 07:40 AM
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That is funny blackbesst! I still think lawyer was just trying to scare you into signing with him. If this person has their settlement letter and proof of payment they should be fine.

Sub: #9
Replied on 05-13-2010, 08:07 AM
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Originally Posted by OZZIE69 View Post
That is funny blackbesst! I still think lawyer was just trying to scare you into signing with him. If this person has their settlement letter and proof of payment they should be fine.
funny you mentioned the signing part. he actually wanted me to sign some papers at the end saying it was just normal practice to sign some stuff showing about bankruptcy and showing that i received a copy.

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Sub: #10
Replied on 05-13-2010, 11:00 AM
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Thanks everyone for your help. I do appreciate it.

All payments were made on time and cleared. I saved everything.

I've tried to contact BOA/FIA Card Services regarding this and they tell me that ALL the accounts were sold to Barclays. They have no information in their systems and they send me to Barclays, who in return, sends me to their collection agency.

I did get ahold of a collection manager at Barclays who laughed at me and said " Why would BOA/FIA sell us an account that was already settled upon "?. I asked him if I could fax over the information and he told me I would have to deal with their collection agency. So, around and around in the circle I go!

Sub: #11
Replied on 05-13-2010, 01:15 PM
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Well, you could do what others are doing, take down their name address and company name, then have a consumer atty sue them for violating the FDCPA for trying to collect on a settled debt. Option 2, file a consumer arbitration claim against the OC that you settled with, and or do both.




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