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Paid settlement agreement but now they are back !!!!!!!!!!

Date: Thu, 11/29/2007 - 11:47

Submitted by anonymous
on Thu, 11/29/2007 - 11:47

Posts: 202330 Credits: [Donate]

Total Replies: 6


I settled with CIR law offices working for Midland credit for a debt I owed.I paid the settlment, now two months later they are calling again asking for the rest. She gave me a song and dance that the OC did not accept the settlment terms and theRE was a mix up.

I have the faxed agreement they faxed me that states upon settlement payment they would stop all collection activity and calls and the account would be considered paid.

The settlment amount funds where withdrawn by electronic check over the phone. I am worried that now they will go after the rest without my permission. Both them and I are located in California.

What should I do??


1) Close your checking/bank account immediately and reopen under another number.

2) Send them a cease and desist order to not contact you again about this debt.

3) Report them to the FTC.

I HOPE HOPE HOPE you have it in writing that the account would be considered paid in full.

New


lrhall41

Submitted by on Thu, 11/29/2007 - 12:03

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I do in the fax verbatims it states:

you will pay XXX due on 11/1/07 to settle the account in full.

If the schedualed settlement is received, all collection activity will be stopped.

I did a elctronic check over the phone on Nov.1 after I received the fax that very same day. The check cleared from my bank account a couple of days later.

The fax has their letterhead the time and their signature.


lrhall41

Submitted by on Thu, 11/29/2007 - 12:11

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Make your bank aware of this for a start, in case there are any unauthorized debits. Send a copy of your statement showing where the check cleared along with a copy of the settlement, certified return reciept. With this also send a cease communications statement. I don't think they'd ever be stupid enough to take this to court, knowing there's no chance of winning. But you never know. Still, you seem to have all the evidence you need. Also, I'd file a complaint with the California AG's office.


lrhall41

Submitted by Law Student on Thu, 11/29/2007 - 13:12

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Sounds like the CA might have screwed up on the settlemnt amount. They are now trying to cover their butts by getting you to pay....however they are going to have to eat this one. The settlement authorization letter with a copy of your check will hold up in court....tell them to go pound sand.


lrhall41

Submitted by SOAPLADY on Thu, 11/29/2007 - 15:20

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I agree with everyone else--get a copy from your bank of that check payment. Then, send them a copy of that along with a copy of the letter on their letterhead. Include a cease and desist with this, and inform them that any further efforts to collect any more money on this debt will result in a complaint to the FTC and any and all appropriate legal action will be taken against them. This is illegal. They know better.

On a more positive note, good work getting the debt settled and paid off! Thats one step closer to freedom for you!


lrhall41

Submitted by skydivr7673 on Fri, 11/30/2007 - 04:42

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