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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2493
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I entered into an agreement with Bank of America regarding my Credit card the end of 2009

Resolved Question:

I entered into an agreement with Bank of America regarding my Credit card the end of 2009 My overall owed balance was substantially reduced with agreed payments over a 3 month period settling the debt payable on the 1st of the following 3 months. I have a letter stating the amount would be considered settled in full as long as I did not attempt to use the card or default on the payment. I fulfilled each payment on time, the amount being paid directly from my current account as agreed. The Bank of America has not honored the agreement and have continued to send statements with a balance and further charges. Despite many phone calls and letter exchanges this situation continues. The debt appears on my credit and is destroying my credit rating even though I fulfilled the agreed settlement payments. What can I do, The representatives at Bank of America simply pass me from one person to another until I get cut off. How can I resolve this.
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

Sorry they are not helping yo!

Terry L. :

You have a few options.

Terry L. :

Send a copy of the written agreement to the credit bureau and dispute how they are reporting. It should read something like "Paying as agreed".

Terry L. :

Read the terms of the deal, they may send statements with accruing interest etc, but that might be cleared once you complete the settlement. If you default, then the figures that are accruing would be the balance due.

Terry L. :

You could sue them if you feel that they are violating the terms of the settlement contract.

Terry L. :

Your final option is to file bankruptcy.

Terry L. :

if you sue, you need to show how they breached the contract, and then show what your damages are. Then the court would decide if they did indeed breach the contract, and award damages.

Terry L. :

This is feasible, but sounds time consuming and expensive for the court fees and the lawyer too

Terry L. :

You may also want to consider going in to a local BofA branch to discuss.

Terry L. :

If you have any questions, please let me know. Thanks for your question, good luck.

Customer :

The agreement was made directly with the Bank Of America and not through a 3rd party. The agreement letter states the debt would be settled in full and the account closed on the day of the last payment. It was not closed and the balance remained as if there was no agreement,

Terry L. :

Yes, then you should consider the 3 options I provided.

Terry L. :

do you have any questions about the options?

Customer :

The account has been charged off now and with a collection agency, The Bank will not talk to me now.

Terry L. :

Then your options are to sue or file bankruptcy if you can't get anywhere with them

Customer :

I guess I need to take the document to a lawyer?

Customer :

Thankyou.

Terry L. :

good luck, sorry they are not holding up their end of the deal.

Terry L. :

Final idea, send a copy of the agreement and proof of all payments to the collection agency. This is a long shot.

Terry L. :

Maybe talk to a local attorney who can call and see if they can get anywhere as well.

Terry L. :

good luck

Customer :

Done that copies of relevant bank Statement and copy of letter, The collection agency replied with they would terminte their interest. The another collection agency got involved, they continue to send letters of intent etc. I have sent them copies of letter etc but get no response . I will go to an attorney.

Customer :

Thanks for your advice at least i know my options, limited and bankrupcy is out of the question.

Terry L. :

yeah, its a circle that I've seen before unfortunately. Hopefully a judge can help by issuing some punitive damages!

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2493
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and 2 other Bankruptcy Law Specialists are ready to help you

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