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Do I have to call them back?

Submitted by thlovely1 on Mon, 08/04/2008 - 09:05
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I've got a PDL with B&L Marketing and they are wanting me to call them back to set up arrangements. However, I've let them know in the letter that I faxed and emailed that I need to have everything in writing. They emailed me and let me know that if I would like consideration and my balance marked as paid I had to call them. I've not ever been through this before and I don't want them to harrass me when I call. Why can't they do it over email or can they?


I refuse to talk to any of them over the phone. I know they are just going to be harassing and rude. when I received the email telling me to call them I told them I was recommended by the AG office to get everything in writing, therefore, we must continue our conversation via email or USPS. If they don't liek that.. then I guess they don't want their $$


Submitted by on Mon, 08/04/2008 - 09:22

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I asked them why we could handle this over the email and their response was:

"In order to settle the balance, you will have to sign a mutual realease. That is why we wanted you to call because if you have filed a complaint already as you said that you we cannot do this."

What can't they do? Settle the balance?


Submitted by thlovely1 on Mon, 08/04/2008 - 09:30

thlovely1

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Quote:

"In order to settle the balance, you will have to sign a mutual realease. That is why we wanted you to call because if you have filed a complaint already as you said that you we cannot do this."


This is the part that concerns me. They want you to call so that they can discuss this complaint. Since you have already filed the complaint, they are trying to force you to retract it. It's up to you whether or not you do. I would say that if getting these clowns off your back and getting the PIF letter is the most important thing, then agree to retract the complaint (and actually do it, or you will be in breach). If you really want to stick it to them, then tell them that they need to add a clause that complaints in process are not part of the mutual release.

The fact that they could not tell you this in an email first thing means that they want you to call so they can yell at you. Record the call, make sure they know you are recording (I find this to be effective even for 1-party states, keeps em civil), and if they violate the law then you have a case for a lawsuit.


Submitted by drburr on Mon, 08/04/2008 - 09:55

drburr

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Ahhh, there it is. They want you to call so that they can talk you out of filing a complaint. They fear that you will file in the time that it takes for communications go back and forth. If you are ok with not filing if they give you the PIF, then reply to the email that they sent mentioning your complaint. Tell them that you will not file a complaint once the account has been taken care of.


Submitted by drburr on Mon, 08/04/2008 - 10:34

drburr

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Here is the mutual release that B&L Marketing forwarded to me. I'm reading it to say in my words that if I sign this document each party is relieved of its obligations, claims, and liabilities and that if I sign the document, my account will be marked as paid in full. Am I interpreting this correctly?

"""This mutual release, executed between B&L Marketing and XXX, account number XXX, is intended to effect the elimination of any obligations by either party as hereinafter designated.

Whereas, disputes and differences have arisen between the parties with respect to that certain contract entered into by said parties and executed on August 4, 2008, both parties have agreed to settle said disputes and differences by executing this mutual release.

Whereas, both parties recognize that by the execution of this mutual release, they are relinquishing their legal rights with reference to the herein mentioned disputes and differences, both parties agree that in this consideration of this execution of this mutual release, and for the added consideration of the account being marked as paid in full, each party for his, heirs and assigns, expressly releases the other party, and his heirs and assigns, from all liability for claims and/or demands which may arise from that certain contract referenced herein.

In witness whereof the parties have executed this mutual release on the day and year stated above."""


Submitted by thlovely1 on Mon, 08/04/2008 - 11:55

thlovely1

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