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Recived a settlement letter but they wont honor it????

Date: Wed, 04/22/2009 - 12:10

Submitted by sandro1012
on Wed, 04/22/2009 - 12:10

Posts: Credits: [Donate]

Total Replies: 12


I received a fax from BofA stating they will settle for the terms we discussed on the phone. I posted a payment with them wich follows the terms on the letter. This morning I get a call that the letter was not approved by there manager and that the settlement will not be accepted. Can they do this? No where in the letter does it say "waiting for approval"

Thanks


We have had that happen before as well. Very rare though. If you push it, sometimes hard, you can still get resolution. Ask to speak to the manager, plead your case, etc. Find out what he/she WOULD approve (I'd assume between 15-22% right now) and if they will apply that one settlement payment towards the new agreement.

Unfortunatly, creditors have near god-like powers and theres no real place to complain to (they would just say "You owe them $X anyway)


lrhall41

Submitted by rstimson on Wed, 04/22/2009 - 12:52

( Posts: 112 | Credits: )


Well...here's the thing. You can pay them according to what you have in writing. If it goes to court you can use the letter has proof. It's not your fault they didn't get it approved before sending it out. And no where in the letter does it state pending manager approval on it.

I would read the letter carefully to make sure it doesn't reference anything like that. You know, check for fine print and stuff.


lrhall41

Submitted by sassy_lil_brandy on Wed, 04/22/2009 - 12:56

( Posts: 479 | Credits: )


Good point. If it is with a CA they WILL have to eat it. (I have had CA's refuse the payment, but our client still sent the checks every month and later when another CA picked up the account, we just provided the settlement letter and copies of checks sent. Long story short, they original creditor reported account was settled in full)

If it is the creditor though, I still recommend throwing yourself on the mercy of the Manager. BofA is usually a very professional and "non-bs" creditor.


lrhall41

Submitted by rstimson on Wed, 04/22/2009 - 13:11

( Posts: 112 | Credits: )


I just got off the phone and the lady said she will cancel my payment and that will show im not compliant with the letter! The letter says first payment by 4/30/09. I told her go ahead and I will make the payment online.

She then asked to give her a name of a lawyer and then she would re-sub,it the offer. This is not right


lrhall41

Submitted by sandro1012 on Wed, 04/22/2009 - 13:59

( Posts: | Credits: )


it's not a matter of may love my things.they sent a settlement letter.if there is no fine print.and the OP sends the payment certified and they return it.the entire debt technically is null and void.call there bluff.send the payment.if they do return it they are screwed.


lrhall41

Submitted by paulmergel on Thu, 04/23/2009 - 06:22

( Posts: 15514 | Credits: )


They asked if I had advice. If so they need to submit the lawyers info and everything should be ok. Im still waiting for a call today to see what the outcome is. If they decline it Im going to go ahead and make the payments per the settlement letter. She admitted it was a mistake on behalf of the custmore service helping me at the time.


lrhall41

Submitted by on Thu, 04/23/2009 - 10:10

( Posts: | Credits: )


If they sue you, and you showed up to court with that settlement letter and proof you paid that amount, a judge would toss the case.

Just make sure there's no fine print on the letter that would otherwise limit their settlement. For example if they said payment had to be received by 4/01, and you paid it on 4/02 then that may be sufficient grounds to invalidate their settlement offer.


lrhall41

Submitted by DebtCruncher on Thu, 04/23/2009 - 10:20

( Posts: 2293 | Credits: )