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Good morning. Just to be clear, you do have a written agreement with the previous company, evidencing what the settlement/payment plan is? Also, you shared that they told you at one point you had one payment left but was this an error and you knew you owed two more or it really was correct and the new company is trying to get the balance? Finally, how much is owed right now, which they are suing for?
Hi, are you still with me?
Thank you for the additional information. The new firm would step into the shoes of the old firm and would need to still honor any agreement. If they provided you with a payment history and it shows and confirms what you have paid to date, that only shows compliance over the years. Now, if they do record their conversations, a demand for the audio could be made when it could and it can be determined if you were in fact told that your last payment would be owed and made on X. Moreover, if they did not send you any notice or statement thereafter, advising that additional money was owed, it could further evidence what you were saying. I am not sure if they sent you a statement each month or you simply sent the money on your own, so that could be an issue, since they may come back and say the accounting was your responsibility and you needed to know how much of the balance was left, based upon the payments made over all these years. Like you shared though, someone told you it was paid in full, so there is dispute. Now, it would make no sense for you to stop paying the last $150 when doing so could result in you having to pay the full amount, so you can always argue and object that your actions were based upon the representation of an employee but again, there needs to be proof. You could also argue that once the payment was missed, they did not inform you of this or the acceleration of the full debt, since you would have cured it and to simply file suit when no notice was given, would be in bad faith. You can contact them today and see if they will settle and allow you to pay the balance plus any other fees owed, to avoid the whole amount. What you are saying makes sense, as far as a time line, so the goal is to convince them that you were told one thing and complied and had no notice or idea anything else was owed or else you would have just paid it.
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