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Please need your help. I have been in a settlement situation with Bank of America for the past 8 months and I have been faithful in all payments towards the settlement. It was for a large amount, $13,000. I made my final payment August 31st, 2009 in the amount of $603.00 and have the deposit slip. I now get a letter that states that my settlement is null and void and will have to pay further because they never were able to retrieve payment from an account that was specifically to be used to pay off the debt. Come to find out they started adding fees to that account which I was not aware of back in June which overdrafted the account. BA collected payments for June and July but then they claim that they could not retrieve the last payment because that account was overdrawn by $350. I spoke to B of A Card Services along with a Customer Solutions Rep and she said that I wouldn't have known about these charges and most likely Card Services would settle. Now they want another $823.Not right!
State/Country relating to Question: Arizona Already Tried: You are the first contact as I became aware of the Bank of America letter this morning.
Hello, This is no right - you are correct. What you have to do is write them a letter that says that if they don't back off and work with you to give you full credit, you'd bring a "Motion for Clarification" before the court to ask the court who is right. Write a simple, clear, one page letter to this effect. Send it certified. I will guarantee you they will work with you. Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions. Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance. There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
Counselor at Law
Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Dear Eli,
Thank you so much for your advise, I will do that. They have given me today to respond back as they want to make my payments for June 2009 null and void and repay them that amount by this afternoon $823. Should I respond alerting them that I am taking them to court under "Motion of Clarification?"
Thank you again. Please make sure payment came through on your end.
Perry Damone
Yes, exactly - be tough but fair. You caught on exactly! :) I received credit for my time with you, yes, thank you. Feel free to press ACCEPT again if you feel I've been helpful. Best of luck to you!
Thank you so much!
I will do that.
It was worth the $28! I will contact you again if they give me any problems, they are Bank of America and I am just a little guy out here, so you are very much appreciated.
God bless you.
Perry
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