lilrowo

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About lilrowo

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  1. Can anyone please give me your advice on this? I spoke to a manager (supposedly) at Discover. He told me it's not a violation on their part that they didn't send a statement for the last 4 months, because they have been calling, and I was aware that I was supposed to be paying my bill. He also said that it didn't matter if the account was marked in error as being in bankruptcy, and that it's possible that either I or my spouse gave them that information, and that's why it was earmarked as in bankruptcy. I told him that apparently he didnt' receive any "legal" papers, so why would they have held my statements and marked my account as bankrupt, and he said they would have done so if either one of us told them we were filing bankruptcy. Would a company really do that, or are they full of it? They still refuse to send a settlement in writing, and say that the laws have changed regarding that, and it would be taking too much of a chance on their part, and the only way they will settle is a check by phone, and then they will send the settlement agreement. I asked when the laws changed, and he told me he couldn't answer that. He also said it didn't matter if I had a lawyer send them papers for a settlement agreement. He said that by refusing to pay by phone that means I am refusing to pay my debt. I also told them that I have the last conversation recorded, about the bankruptcy, and he told me it was against the law. I said not in the state of LA, and he said they go by the federal guidlines, so it is against the law. I also recorded his phone call. Any help would be appreciated, I think I need a blood pressure pill after this conversation.
  2. I have to say I'm not familiar with any of this, or what to do and where to go from here. I guess I what I need to know is should I just try to have my lawyer send them a settlement letter now, explaining the situation to him (they lawyer) or would it be to my benefit to look into this further, since I have no idea what I'm doing. The lawyer I have spoken to is a pre-paid legal attorney, who basically just sends them a letter with my settlement offer. If I were to take this any further, I would have to hire a lawyer, and it may cost more than just trying to settle the account. Just what is their "liability" so to speak, for the errors they have made with my account?
  3. I don't know, but they sure have used that line a lot at Discover. Anyone know if this is a violation to tell you that "it's against the law not to pay your bills", or "it's against the law to send a settlement in writing?" Makes you wonder who they hire for these companies.
  4. Thanks, I agree, and that's why I haven't settled. They want a check by phone, and THEN they say they will send a statement on paper that it's been settled. I don't trust them. They said I could "post-date" the check by phone. Well, I don't know if that's possible, and I wouldn't do it anyway. They will have my payment, and I would have to trust them to send it in writing. What I don't understand is why I've done this with 3 other cc's, and Discover is being so hard to deal with. They once said that they are a "big company" and we shouldn't say that we can't trust them to do it that way. I settled with three other big companies, and they sent the agreement on paper either by fax or mail. They told me I have refused their settlement offer. I haven't refused their offer, I've only refused to pay by phone since they won't send it to me on paper.
  5. Thanks, I will send a copy to the attorney. After that call this morning, they have called 5 more times today, they just don't stop. Is it that unreasonable to ask for a settlement in writing? That's what I was trying to do when I found that they had my account pretty messed up. They are saying that the accounts (I have two of them) will be charged off tomorrow. Should I believe this, and should I be concerned?
  6. Update: I talked to an employee at Discover, and recorded the conversation. I live in LA and it's legal to record on my end. I asked about my account being marked as in bankruptcy, and although it was like pulling teeth, she said that my account was marked as such, and that my statements were withheld. She gave me the name of a lawyer that they assumed was my bk attorney. I told her again, that I had not filed for bk and had never contacted a lawyer, and so on. I asked her why was my account marked for bankruptcy and my statements withheld. She admitted that it was a mistake, and said everybody makes mistakes, so what is my problem? I then told her that I understand it is against the law, and a violation for their company to request payment from me, when they have not sent me a statement since August, and she said that is not (a violation) and that it is against the law for me not to pay my bills. She said that her notations said that I was attempting to settle the account since Sept. and I confirmed that was true, and all I asked for and am still asking for is something in writing, as I will not do a check by phone. She told me it was "against the law" to send me anything in writing. I told her I settled with 3 other cc companies, and I don't believe they were breaking the law. I told her I would have my attorney contact them (about a settlement) because he instructed me not to pay anything until I had it in writing. She then asked why I was lying, that I said I didn't have an attorney. I explained again, that I didn't file for bankruptcy, I didn't have a bankruptcy atty, (the one they have on my records), and I only contacted an attorney within the past few weeks, and I didn't appreciate her telling me I was lying. She didn't know this was being recorded, and when she told me to hold on, I heard her say "bitch......aaaarrrgghhh. I have it all on tape. After a while on hold, she then said they would send me an updated statement, with the charges removed from the time my statement was put on hold. Again, I mentioned I would like something in writing about a settlement, and she told me just don't accept their settlement offer, because they don't do that, and she was going to end this conversation. I said okay, I will have my attorney contact you. So, where do I go from here, since I do have it on record? I wanted to settle the account for no more than 50%, and their last offer was 70%. Since it is a violation that they didn't send a statement, and had my account marked in error as being in bankruptcy, is their only obligation now to remove the charges, or can they be sued in small claims court? ( I have pulled one of my CR, and still have to get the others, and the one I have does not show a bk on it.) I would appreciate any information, so I can get this behind me. Many thanks!
  7. Thanks, I will contact my lawyer again. I did tell him the situation, but didn't have the detailed information that my account had been reported in bankruptcy as of Sept, or that my statements were on hold. He really didn't seem to concerned about it though, so I'm wondering if he will actually do anything concerning this violation. I belong to pre-paid legal services, and that is who I contacted. Discover did tell me two times that my bankruptcy didn't go through, and I asked questions today and found more detailed information about the date of the so called bk and that they put my statements on hold. Other than telephone conversations, though, I have no proof. How do I get that? Are they obligated to send me or the attorney the info on my records, or can they conveniently change it in the meantime?
  8. Okay, I just found out that they somehow marked my account on Sept. 25th as in bankruptcy, which is false information, and my statements were on hold since then. Where do I go from here?
  9. Thanks for you reply. I have recent credit reports, mine and my husband's, but they are through Privacy Guard, and they don't show any BK, just lates. Are the PG reports accurate enough, or should I pull the 3 seperate ones? I wonder how I can prove what they told me on the phone about the so-called bankruptcy. I have no record other than what they said verbally.
  10. Can anyone give me any advice on this? It's long but here goes... I have two credit cards from the same credit card company that are past due, (120 days, about to be charged off) that I have been trying to get a settlement on. I have been getting calls on only one of the cards, which I found strange, but lots of times, I don't answer the calls, so didn't think anything of it, and figured it was because wasn't answering some of the calls. When I talked to the representative, one of the few times I decided to talk with them, he told me "your bankruptcy didn't go through", and wanted me to make a payment. I told him I had no idea what he was talking about, as I had not filed for bankruptcy, and he insisted that either I or my spouse apparently had to tell them we were filing for bk (which we didn't). Then again, a couple of weeks later, I was told the same thing, that my bk didn't go through, and they even gave me the last name of my so called lawyer, which again, I have no idea what they are talking about. I have never had a lawyer contact this credit card company. ( I had done 3 settlements for other cards on my own, with not much problem. ) The only way they will do a settlement is with a check by phone, which I refuse to do, and tell them I will settle and send them a payment only if it is in writing. They say it's against their policy, and said that "we would be settling as a favor to you, that we would be taking the loss, so we it's not our policy to send it to you in writing", which sounds like a line of bull to me. So, today, I contacted a lawyer for advice, and he said definitely don't send them anything until I have something in writing, and he told me to send him my last two statements from each of the accounts and he would send a letter with my settlement offer. After I looked in my pile of bills I had been collecting from these 2 credit cards, I realized I haven't received a statement for one of the accounts in a few months. I talked to the cc co. by phone this evening, and again, after refusing to pay by phone, for the 10th time or so this month, I asked them why I haven't gotten a statement of one of the accounts in a few months. They then connected me with another department, and I explained to her that I hadn't received any statements. The first thing I was asked is "did you file for bankruptcy?" Again, I said no, you must have something wrong on my records. I then proceeded to ask this person the name of the lawyer that they gave me just a few minutes before in the settlement dept. (because I only had the last name). The woman then said, you have no such thing on your records. She then proceeded to tell me that I must have been getting my statements because they haven't been returned to them, and I better check with my post office. I am suspecting that they had my account mixed up and marked for bankruptcy, and didn't send out the statements, and now are possibly trying to cover it up since I called it to their attention. How can I possibly prove this? I found this statement on another site stating it is a violation: Attempting to collect credit card debts where interest is accrued at the (high) credit card agreement rate, but no monthly billing statements have been sent for a long period. The collector can be either the original creditor, a bad debt buyer, or a collection agency. I think maybe this is why I haven't gotten any calls or statements on the one account, but don't know where to go from here. I would be thankful for any advice. They are sure VERY difficult to deal with - (they are Discover cards).
  11. I am totally confused dealing with Discover. I have two accounts that are past due, and haven't received a statement from one of the accounts in the past 3-4 months, at least, from what I can remember. I called them about it, and they said they haven't had any of the bills returned, so I must be getting them, to check with my post office. When I told the representative that I haven't been receiving statements, she asked if I had filed for bankruptcy. They are also telling me that my "bankruptcy didn't go through", and mentioned something about my lawyer and gave me a lawyer's last name they have on my record. I have not applied for bankruptcy, nor have I ever had a lawyer contact them about my Discover account. It seems there is some mix-up somewhere, but they will not acknowledge it. All I want to do is settle the accounts, and they absolutely refuse to send anything in writing, and want check by phone payment. Plus, I am getting all this false information they have about my account. How the heck do I straighten this mess up?
  12. Anybody have any experience settling with Discover? The only way they will offer any type of settlement is a check by phone, which I won't do. I I want it in writing, and they say it's not their policy to do it that way.
  13. Has anyone had any experience settling with Discover? I have made three settlements with other OC, without much problem, two of them @50% of the balance, one at 55%. Discover won't budge. The first time they would only offer 85%. Now they are saying 70%, but a few months have passed, and my balance is higher. Should I wait it out? They seem to be much more stubborn than the others I've settled with. I have two accounts that are 90 days, going on 120 days late. I would appreciate any advice. Thanks!
  14. That's a little scary after reading that. I got the letter in the mail today, and just read and posted on another thread about getting a signed letter. The letter I got from Chase isn't signed by a person, it looks just like the other correspondence they've sent before. Here it is, does this look legitimate, or do I need to get something more? Chase letter
  15. Yikes! I paid a settlement on a letter sent by the oc (in the mail) that was on their standard letterhead, but it wasn't signed. The name of the collection agent was typed in. Am I in trouble? I did write on the back of the check that by signing the check the account was paid in full as per our agreement. Does that make a difference?