Settlement with Bank of America Not Upheld by Them

Submitted by bholloway2275 on Fri, 03/06/2009 - 21:38
Forums

Hi. This has been going on for over a year now. A year and a half ago, Bank of America made a settlement offer to me for my credit card. It was a good offer, so I wanted to take it. The problem was that the letter got to me a day or 2 before their deadline to receive the payment. I called them to accept the offer, and they said ok. They wanted a payment over the phone, I told them that I would need a few days to get them the check and they said ok. I called them back a few days later, when I had the check, to confirm that it was still ok. It was after the deadline for accepting. They said sure send it in. So I did and put in the memo section that it was $5900 to settle the account. I also included the settlement letter, showing the $5900 amount. They cashed it and added it to the account. Then several months later I start getting calls about me still owing money. I told them about the settlement and they said that it didn't show that there was a settlement. They said they would look into it. Then someone else would call weeks later, saying that I owed, and of course they didn't know anything about a settlement. Went over the same routine for months. Then didn't hear anything for several months. Then I would get calls and letters from different collection agencies. I would tell them about the settlement and they would say they wanted the letter. So I would send it. Then nothing for months. Then a new collection agency would contact me. So we go through the whole thing again. Wanting it to stop and have the settlement recognized by BOA, the collectors and the credit bureaus. Any ideas on what I can do? Or who I can contact?

Do you still have the copy of the debt settlement letter and of the check? I would call my atty generals office, better business buruau and the FTC. Give them copies of the letter and the check. I would also dispute the debt. This should help you get some resolution.

Sat, 03/07/2009 - 01:33 Permalink

I agree with Fireyone. If you have the settlement offer letter and the statement from the bank that the payment has been made to Bank of America as per the settlement offer, you can file a complaint with the Federal Trade Commission. Filing a complaint with FTC is very much effective in such cases.

Mon, 03/09/2009 - 08:44 Permalink

Yes, I do have the check, stating that it is to settle the account. I also included the letter with their settlement offer. With the amount of their offer, which is what the check is made out for.

Mon, 03/09/2009 - 20:58 Permalink

Just file a complaint with the FTC either by visiting their website or by sending them a certified mail along with a copy of your bank statement and the settlement offer letter to the address given below.
Federal Trade Commission, Consumer Response Center, 600 Pennsylvania Avenue, NW
Washington, DC 20580
You should also keep the settlement letter and the statement in safe custody for future use.

Tue, 03/10/2009 - 05:56 Permalink

I sent the information to the FTC. Should I hear anything back from them?

Wed, 04/29/2009 - 17:11 Permalink

No, as far as I know, when you file a complaint with the Federal Trade Commission,they do not resolve your query individually. Your complaint gets stored in their database. Through such complaints they can keep track of the illegal practices and wrong-doings, and can take the desired steps to stop such practices. The personal information you provide with the FTC is kept secret as per their privacy policy. However, unless you provide them with your personal details they cannot investigate the complaint.

Thu, 04/30/2009 - 07:59 Permalink
Louise (not verified)

I just excepted a settlement offer from them and the woman I have been dealing with asked when I could send them the payment, I said as soon as I get the letter from you stating our agreement, she informed me that they no longer send those letters that their Atty has said that too many don't keep their end of the agreement ....so I told her that I still need something in writing, she said she would send me the letter through e-mail then after they recieve my check I will get the formal letter stating paid in full for less than the amount along with the 1099. I will be sending a cashiers check on the memo it will state "cashing this check constitutes payment in full on acc#....per settlement" Do you think this will be enough for me to have for proof

Wed, 09/16/2009 - 01:50 Permalink
wrxin (not verified)

Louise, I've been trying to settle with B of A for some time now. I was offered a settlement amount back in March and at the time couldn't accept it. Now I'm in a situation where I could settle but now they won't offer the settlement anymore. I think they might if I went past due again by months (lost my job...). After 25 minutes of a very circular conversation with a rep on the phone, she sort of admitted that if I were to go past due again for some number of months they may settle. I really struggle with their way of doing business...

Please don't answer this if I'm asking too much, but how were you offered a settlement?

Also, in my experience with B of A, I wouldn't feel comfortable sending off a payment without some written proof that they were settling. I'd be afraid of them just applying the payment against your account and not settling it. But that's just my own very unofficial thought.

Thu, 09/17/2009 - 19:58 Permalink
Alecto (not verified)

I am in a similar situation...I got a settlement offer for 50% of the 23k account (consolidation loan) and was told I have 92 days to pay and asked for some type of payment arrangement I could make with them until I could save up enough to pay the whole thing off. I have a good faith for $50/m right now and was told today that it wasn't going towards the settlement offer but rather the whole account and that there was no record of the offer. They keep referring me to a credit counselor but I am under contract with someone else so it is going to make things difficult...I have told them time and time again that I understand my obligation but need help with payments until I am in a position to pay more....I am really mad b/c today they said they have no record of an offer and b/c they would work with me before this all started or will help with the payments

Wed, 09/23/2009 - 23:12 Permalink

When you say they had a settlement offer, did you get this in wrting (Email, letter etc).

If you ahve all these documents, send them back show the settlement documents

If not, other option is see if you are really in such a situation that you go for Bankruptcy

Thu, 09/24/2009 - 04:31 Permalink
Alecto (not verified)

I still have the letter as does the debt settlement company I have retained...I have also kept track of my contacts / communications for the past few months and have sent copies to my settlement company so they have a copy and no one can try to pull the "you just made it up" game. I was talking to them the other day after being transferred from them to a credit counselor who was very helpful (I think she said that they can't do too much if they are taking money from me but that I should try to work out an arrangement with them). I talked to the company I retained and worked on a possible offer for them (based on the offer BoA gave me) for like $250/m for 12 months and then around $600 for 14 months since next year I will have a lot more funds available but was told after checking with the negotiators that Bank of America is only allowing 4mo to pay on a settlement . . . while I can kinda understand why they are limiting the payback time I am frustrated b/c I have been extremely polite and told them I wanted the settlement and was aware of my obligations but that I could only afford so much right now (I still haven't gotten written confirmation of what I arranged for the $50/m despite repeated requests).

I would like them to work with me but I am not sure what I can do to facilitate this so tips are welcome . . . also I have contacted the FTC to file a complaint (actually was a question but they filed it anyway) about them not sending the info I requested in writing and are trying to back out of the arrangement and I have to update it since they seem to have forgotten about the settlement offer too.

Fri, 09/25/2009 - 01:43 Permalink
Alecto79 (not verified)

nothing from the FTC yet but I also have to file a complaint with my local consumer thing (Virginia Dept of Agriculture and Consumer Services) as well...the whole things is sketchy and I keep hearing things about them from others and theinternet so at least I know I am not alone :-)

Mon, 09/28/2009 - 23:35 Permalink
Diddy44 (not verified)

I spoke to a rep at B of A yesterday and have been offered a 30% settlement. She informed me that my current balance of $22,000+ could be settled for a total of $6884. I must phone in a payment of $688 no later than 1/31/2010 and I will receive a settlement letter within 4 days (or it can be faxed to be sooner). I would then have 4 months to pay the remaining settlement. She also told me that if I do not get the settlement letter or decide that I wish to back out of the agreement, all I need to do, is call and cancel the $688 payment and that will credit my bank account. Has anyone received this same offer and if so, did it work for you.

Wed, 01/13/2010 - 15:31 Permalink

Alectro, If you want even faster answers you need to also contact your states atty general. I had to do this recently and he golt to the bottom of it with in hours. I never seen such fast service. When these people are contacted by the atty general by phone they tend to resolve the matter quickly. My atty gen. did not let up until he had my answers and it was over debt also. Look uo yours states atty gen and call!
Diddy this sounds fishy, There is no reason why they can not send you a settlement latter stating the arrangemments. I was always told never to pay anything until I got the settlement in writing. Once they get the payment they can deny the settlment was even offered. Also never send them a check that has your banking info on it. They could then access your account and with draw even more money. I would get a certified money order anything but not a personal check.

Wed, 01/13/2010 - 16:29 Permalink

nothing from the FTC yet but I also have to file a complaint with my local consumer thing (Virginia Dept of Agriculture and Consumer Services) as well...the whole things is sketchy and I keep hearing things about them from others and theinternet so at least I know I am not alone Smile

BofA is supervised by the Office of the Comptroller of the Currency. go to occ.gov i think. the FTC has never helped me actually.

Thu, 01/14/2010 - 11:38 Permalink

I never heard of that. Wow I like getting new information to learn and help others. How do you know so much?

Thu, 01/14/2010 - 15:27 Permalink

I had a couple negatives with BofA and filing complaints with the OCC got deletes. My basic system is fixing your credit by whining and complaining

Thu, 01/14/2010 - 16:59 Permalink

I have used and posted on a number of forums. The people were not as friendly and nice as credit magic but I learned a lot.

Thu, 01/14/2010 - 23:01 Permalink
Debbado (not verified)

Once you make the verbal agreement to the settlement if you find you can't make the agreed payments they will turn it over to an collection agency. If you have to change one of the payment amounts they will work with you but the last payme due can not be more then the last monthly installment payment agreed upon. Good Luck and the 30% settlement is a good one, I only got 50%.

Sat, 01/23/2010 - 16:50 Permalink
El Gato (not verified)

here is a tip for all you who are getting settlement offers...

1) Your credit is already screwed if you are getting a settlement letter and you basically gain no benefit in paying it.

2) A settlement offer of say 30% off is tiny. Trust me. You will later get ones for 50% 60% then 80% all the way up to 90% off. Yes if you owe $100,000, the bank (or more likely the company who purchases your debt from the bank for pennies on the dollar) will settle for $10,000, especially if your not answering your phone when they call.

3) You will recieve a tax form for the difference between what you owed and what you settled for.. That means you are exchanging a debt to the credit card company who has limited means to collect.... for a debt with the IRS who is not very forgiving about not being paid come tax due time. so you better hope you dont fall further into financial chaos before you pay your next taxes.

4) paying off old debt will kill your credit FOR ANOTHER 7 YEARS from the date of payment as its an new activity on the account and re-affirms the debt and starts the clock over on your credit report. So lets say You owed for 4 years.. it would be off your credit report in 3.. now that you pay it.. the initial default is brought back to current staus and has a much larger weight on your credit report and will stay for an ADDITIONAL 7 years.. so now you have screwed your credit for a total of 11 years.

5)Its is almost NEVER a good idea to except a settlement offer...consult an attorney before doing so. IT will not help your credit at all and it will actually likely harm it. The only exceptions that I know of are if you are applying for a home loan and the bank requires you to pay off all debt as a condition of the loan or you have alot of assets that are not mortgaged and the bank can sue you for it..or the debt is only a couple months old. and you pay all your other bills.... call a lawyer before accepting a settlement offer from a collections agency.

good luck.

Fri, 02/05/2010 - 17:36 Permalink

Ok, El Gato, let me just say I am not a big fan of never. '

I think the important thing about a settlement is to stay in the driver seat. that doesn't mean you should make the first move. If they ask for a settlement, it is a great. Just make sure you counter offer. You ask for the tradeline to be deleted!

Don't skip steps. If they try a low offer before you have DV'd them it might mean that they debt is invalid. Do your homework. Make sure the debt is within SOL and the CA is licensed to operate in your state.

There is value in settling even if they don't delete. It avoids a judgment and judgments can stay on credit for 20+ years depending on your state.

Fri, 02/05/2010 - 23:47 Permalink
El Gato (not verified)

They will likely not delete the tradeline on a valid debt you paid on. they would be violating the there agreement with the credit agencies to provide valid accurate info and risk not being able to list debtors with them ever again.. they will not risk that priveledge to collect one debt.

They will mark you as settled on your CR.. which as any future creditor will know.. it means the original creditor got screwed out of at least some of thier money probably most of it.. No creditor is going to say.. oh thats cool.. you paid some of it I forgive you and Ill give you a second chance.. unless maybe its a buy here pay here car sales place or payday loan place at 30% and up interest.. otherwise.. you may as well just have the collection on your CR thats been aged at least.

as my post said.. almost never.. not never. there are always exceptions.

unless the amount is alot... they most likely will not even seek judgement.. If they do.. and you happen to live in a state with a long judgement period or sol.. then you just declare bankruptcy... because if your broke enough you didn't pay your bills in the first place its prob gonna be chapter 7 and all judgements go away with bankruptcy..

most of the time they will talk the talk but not bother filing. Its pointless to sue someone who is broke and unjudgementable.. they are just wasting more money for a likely worthless piece of paper or for you to then file for bankruptcy a month or a year or two after they get the judgement and have the judgement vacated by the bankruptcy..

again, If you are paid up on your house or car completly.. you may have to weigh things differently. but if thats the case.. you prob would have gotten a mortgage on the property to pay your bills in the first place.. again, Im not a lawyer. I just suggest anyone seek legal council before even speaking with a collection agency as any promise to pay or even admitting fault can "reset the clock" so to speak. alot of states the sol is under 5 years for a judgement.

also keep in mind.. most of the money they are taking off your balance is only interest anyway. just my opinion.

Sat, 02/06/2010 - 01:20 Permalink

well the people on this forum and others get sued all the time. I think it is very dangerous to advise people to NEVER settle because "they most likely will not seek judgment". Judgments are much worse for your credit than settlements.

Your plan seems basically ignore your debt. That just won't work.

You can settle the case with Pay For Delete. it is illegal to change the DOFD because you settled.

settled is better than judgement
PFD is better than anything.

PS Why do you type such long answers and ignore the Pay For Delete part of my post?

Sat, 02/06/2010 - 01:55 Permalink
El Gato (not verified)

A pay for delete is a hail mary pass that most collection agencies will not do for the reasons I list in my last post. You are basically asking them to collude with you to provide false information to a Credit report agency / remove accurate info. even if the collection agency removes it you still have the orig debt chargoff from the originating bank on your report.. and they wont do it. you may get the originating bank to remove a month or two late reporting.. but they are likely not going to clear up one thats into collections, settlement process.

If they accept the money and remove it when you are disputing its yours or stating the possibility it is not yours they are likely committing fraud and have a responsibility to validate the debt. either on you by excepting money on a possibly innacurate account. or to the CRA. show me some stats on how often these letters actually work. again.. speaking with an attorney will help.

If you settle or make a payment arrangement.... the clock does restart in some cases..look it up.

Plus you over look the fact you now have a hefty IRS debt. The more you "save" the higher taxes you owe.. I dont know about anyone else.. but I would rather owe a bank then the IRS..you cant go to prison for owing a bank.

lastly, I don't advise anyone about anything.. I say see a lawyer..
thats always the best option. listening to anyone.. especially on a credit repair forum isn't the best idea.. talk to a legal expert. Credit repair agencies are mostly scams...or things you could do on your own for free with little effort and a google search.

Sat, 02/06/2010 - 04:51 Permalink

A no fault settlement is not fraud. It happens all the time, in other civil cases. what would be illegal, is to single out consumers that have credit reports disputes and deny them the freedom to resolve a case.

I do agree, it would be informative to have real stats on what CA's collect and how often they delete. I can say that it has worked for me and people that I have helped.

They cannot alter the report either, it is either delete or not.

Sat, 02/06/2010 - 12:19 Permalink
FedUP (not verified)

I had the same kind of offer from B of A. I actually thought it was taken care of, until today. It seems that when I paid the final payment of 10,811.00 over the phone by giving them my bank information, their check was rejected by FedLine. (not actaully my bank). The check was returned to them as FedLine thought it was fraudulent check as I never signed it, (Of course not, it was done over the phone). Now BofA won't settle. They say that it is past the deadline. And of course of the offices are closed becasue of the snow back east. They also say that the check was returned for NSF, which I proved to them was not the case. I had no control over them sending a check to my bank to get the money. I acted in good faith. It is funny, they could call and hound me to death when they wanted money from me originally, but after they had the money( or so they thought), they couldn't call and let me know there was some kind of problem.

Make sure they get their payment, and make sure you have all the paperwork, in writing, and I think you will be ok.

They did send me a letter outlining our agreement before I made the payments.

Thu, 02/11/2010 - 03:08 Permalink
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They visited segregated black schools: Jefferson girl in spanish Elementary and Jackson Burley high school.Job ways included positions as domestics, Porters, And waiters. in order to then NAACP president Eugene Williams, Black doctors didn't have privileges at UVA, And black teachers weren't paid the same as their white counterparts.And if an black wanted to sit down for a burger and shake at the counter at Woolworth's, perfectly, He or she would be in for a al all long wait.on 1954, Williams was a 26 year old district manager for Richmond Beneficial insurance corporation. that can year, His first as president of the local chapter of the national Association for the Advancement of Colored People, member's program soared from 65 to 900, and just 1,500 the second year.In the segregated Charlottesville coming from 1930s, Williams had to walk by Midway graduation on Ridge Street (Now the site of Midway Manor pensionable home) to go Jefferson for grades 1 11 (12th grade wasn't added to Virginia schools prior to the late 1940s).subsequently, He sat in court when whites tried to steer the judge that black schools were good. "Why weren't any white children going to these schools if they were so good, He requests.With NAACP legal Oliver Hill, Samuel Tucker, And Spotswood johnson who later became a judge Williams fought to end segregation.The NAACP began seeking families to join a lawsuit from the Charlottesville School Board to integrate the city's schools. When only 11 familys could be found, Williams' wife, Lorraine, a teacher in a move he calls "daring" wanted to join,He took a daring role as leader, Says start mayor Francis Fife. "Eugene knew somebody had to make it,But some whites deliberated Williams a rabble rouser,I'd seen him as 'that Eugene Williams,' as if he was causing troubles, Says activist Jane promote. "He wanted integration. He put his daughters at risk,My father was able to be as forceful as he was because he had a black business with one of the largest black insurance coverages, Explains a kind of daughters, Scheryl Williams Glanton. "Others were can not do that because of who signed their paychecks,Eugene was one of the men in town who made integration successful, declares George Tramontin, Who became Charlottesville schools superintendent in 1963. "He is not as recognized as so many others because the work he was doing was behind the scenes. Eugene's the person,If the atmosphere was tense when John Martin listed Lane, Things had been sufficiently quieter a year earlier, Thanks to Governor Lindsay Almond's order to shut down Lane and Venable Elementary in nov 1958. The schools stayed closed for five months rather than comply with a federal court order to admit 12 charcoal children. this led to how the Supreme Court's 1954 landmark Brown case played out in Charlottesville at least initially,When brownish v. Board of university education came out, tells me Eugene Williams, "It didn't mean school boards around the world said, 'How do we abide by?'"Many waived to comply, particularly in Virginia. Senator Harry f. Byrd, Virginia's General Assembly in order to fight the Supreme Court's rejection of the separate but equal doctrine that had kept the South segregated since 1896.The laws the installation passed, usually "Massive a level of resistance, Allowed the governor to close any school where black or white pupils were enrolled together.The Virginia supreme court ruled massive resistance unconstitutional in 1959, But during the intervening three years, Thousands of african american students suffered.Lane and Venable were closed until feb,march 4, 1959. The remaining portion of the city's schools remained open and segregated that year.Those two schools began heading toward closure after black parents petitioned for exchanges to white schools in October 1955. When the institution Board denied their petitions, which they sued.

Thu, 12/19/2019 - 10:47 Permalink
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Sun, 12/29/2019 - 10:43 Permalink
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Mon, 12/30/2019 - 20:05 Permalink
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Tue, 12/31/2019 - 19:56 Permalink
Williamnet (not verified)

place to start Music

main thrust PLAYLIST FOR 5/4/12

beginning was live from Atlanta this morning, But Anita Baker was back in indiana to kick off her new tour. She stopped by to speak to Soledad, Who dedicated her entire Friday playlist to the singer. You got word "Giving the finest That I Got, as well as

Former mayor of Atlanta beautiful girl in spanish Shirley Franklin joined the panel and played very first American Idol's best selling single of her ten year career. His choice your playlist was

Former Real Housewives of Atlanta star DeShawn Snow was another panelist and got three of her your favorite music on the playlist:,, and furthermore

last of all, Christine Romans' contributed a couple of playlist songs this morning, starting with. and also, in honor of all the Star Wars fans out there, Christine played the movie's. May the fourth be in your wallet!

Today Starting Point playlist kicked off with some wishful thinking from Christine Romans:

SP panelist Abby Huntsman was in a Maroon 5 mood this morning. First up was the band current single the hit collab with Wiz Khalifa that your band debuted on The Voice and currently sits at number 3 on the Billboard Hot 100. Up next was the group Grammy nominated hit Hands All Over. Abby also strayed very from Adam Levine and co, playing golf

Columbia institution professor Marc Lamont Hill was on our panel today and brought a couple woman in spanish of classics with him: MC Lyte ground-breaking

will definitely Cain, As widely seen, Gave us a country vibe today, With The Marshall Tucker Band Celebrity Apprentice star Dayana Mendoza seemed on today show, And forked out a couple of picks for our playlist: And beginning point, due to Louisiana current governor Bobby Jindal. Special businesses Command in Afghanistan, Stopped by start and began the playlist with. The song was almost scrapped when the band was trying to select the tracklisting for the "X album because of recording rrssues. Lead singer Chris Martin said that if it was finally mixed properly, It seemed "brilliant,

next choice was panelist Meredith Baxter's. She selected. The 1999 song had huge victory, and was the last 1 song of the 20th century. Meredith also played a SP playlist most wanted,.

Will Cain's playlist added in ; It was the most efficient single any of the KISS members released as solo acts. Will's other song choice during was.

Christine Romans woke everyone up with her charitable contributions to today's playlist. firstly was, Which sold 7 million units last year, Making it the band's more popular song to date. Christine also played a common British dance song from the 1980s.

Governor Tim Pawlenty brought Bruce Springsteen back to the SP playlist with The popular song was already released in 1973 and is a fan favorite at live shows. And is just over seven minutes in length.

Was John Fugelsang's music selection today. The 1992 single did well on the charts when it was already released and has remained in the minds of pop culture enthusiasts. It was mentioned in an episode of yank Dad when a character was dressed as a bird; The song is about not treating the homeless this way because of how they look. Up first was previously. It was just announced that the band will be part of the merrymaking events at the Olympics this summer. Christine next prefer was, Which can be on the soundtrack to the new Hawaii Five 0. will picked

Tom Waits made political comedian John Fugelsang playlist this morning, severe as Me. John also preferred the

snowboarding legend Cal Ripken Jr. The 1987 number one hit also made the in business Stone best of list, And is one of U2 most famous songs. Christine also preferred

Jay Z and Kanye West delight in the Throne was Steve Perry playlist pick today. The album from the two rap giants was common successful releases of last year.

Mon, 01/06/2020 - 02:09 Permalink