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Showing results for tags 'already settled'.
Here are the facts of the case: 1. I've had my Discover card since 1996 and always kept it paid off fully every month until around 2014 when I experienced the all-too-common medical expenses for the first time and ran up a debt of ~$14K and couldn't afford to make payments any more. 2. In January of 2016, after a long series of threatening emails and offers to make various arrangements, I received an email from Discover offering to settle my balance in full for 30%. 3. I borrowed the 30% (something like $4.2K) and sent it to them via check. I included a copy of the email, and wrote in three places (a post-it I attached to the email copy, the payment slip, and the back of the check) that depositing the check indicated Discover accepted the account as settled completely. They deposited the check before the 15-day limit the settlement offer had required had run out. 4. Lo and behold, I kept receiving statements that listed the remaining 70% as due. I figured it was just taking time for the settlement to move through the Discover bureaucracy, so I didn't bother responding. 5. In mid-November of 2016, a received via normal uncertified mail a court summons saying that I was being sued by Discover for the remaining 70% and that I had to respond within 30 days. CIR was representing them. 6. Since I had not been legally served, only sent a copy via uncertified mail, I figured I could move to have the case dismissed later if a judge ruled for them by default, so I did not respond to the summons. Instead, I sent a letter to the CIR attorneys via certified mail that included copies of the email offer to settle, my payment slip with its paid in full language, and my cancelled check that had the paid in full language on the back. I explained that their suit had no basis and asked them to dismiss it. 7. Apparently, they forwarded everything to a certain M. Johnson, Sr. Dispute Investigator at Discover. In late February of 2017, I received a letter from M. Johnson stating that he had reviewed my dispute, had found the balance to be valid, and had forwarded his findings to CIR. He included several of my statements and a copy of the FRONT of my payment check, but not the back with its paid in full language. 8. Shortly thereafter, I received another letter via uncertified mail informing me that new attorneys had been assigned to my case. 9. I wrote three letters--one to M. Johnson and one to each of the two attorneys I had been assigned--sent via certified mail that included copies of the offer to settle for 30%, my payment slip that included the paid in full language, and the cancelled check with its paid in full language on the back asking them again to dismiss the case. I have yet to receive responses from any of them. So what's my next move? Do I wait to see if they respond? Did I screw myself by not responding to the initial summons, even though it only came by uncertified mail and I wasn't served properly? The debt was settled fully in 2016 and I have the paperwork to prove it.