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Please review this settlement agreement with Midland attorney

Date: Fri, 06/18/2010 - 02:13

Submitted by andrewjackson
on Fri, 06/18/2010 - 02:13

Posts: 17 Credits: [Donate]

Total Replies: 3


I'm going ahead with the settlement I posted about here: http://www.debtconsolidationcare.com/forums/showthread.php?t=73070

It's a two-pay, 60% settlement on a charged-off capital one cc.

I'm satisfied with it, just to get it over with, but I'm afraid they'll try to resell the balance to another JDB, and/or withdraw additional funds from my account. I did set up a separate checking account just for this purpose that won't have any other funds in it.

Here's the agreement they faxed. Are all my bases covered? What other language should I insist they include in the contract?

(I'm leaving off some details, amounts, dates, names, etc. )

It came on the attorney's letterhead with their address, phone, fax, etc. It's from the general manager of the law office and bears his signature.

The letter starts out listing Midland as the creditor, cap 1 as the OC, the amount due, the attorney's account number, and the original account number.

Here's the verbiage:

-----------------

This letter will confirm this office and our client have extended an offer of settlement in the amount of $_____. Our client and I are willing to accept the settlement for the account with the following provisions;

- Payment is set up through automatic debit by June 18, 2010 and
- Actual payment dates are as follows:

- $____ dated for June xx, 2010
- $____ dated for July xx, 2010

Please make sure funds are available on the transaction dates.

Upon successful completion of your debits, the account will be closed as settled in full and you will be released of all legal obligation to this account.

Our firm and its representatives will not share your demand deposit account information with Midland Funding.

If you have any questions, please call _xxx-xxx-xxxx_ to speak with me.

Sincerely,
signature
name
title
name of attorney

--------------

They put in the part about not sharing my account info with Midland because I'd asked him to on the phone. I'm going to request they change it to "will not share your demand deposit account information with Midland Funding or any other third party except for the purpose of executing the two debits documented here"

Also I want them to change:
"Upon successful completion of your debits, the account will be closed as settled in full and you will be released of all legal obligation to this account."

To something more like:
"Upon successful completion of the two debits documented here, and only those two debits, the account will be closed as settled in full and you will be released of all legal obligation to this account."

I'm also going to request they include a declaration that they are authorized to act as an agent of the creditor, even though I'm sure they are.

What else am I missing? Is there anything you would change?

Thanks!