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Settlement Phone Call - What to do?

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Ameridink called me and wants to settle with me after threatening to sue me for a bunch of idiotic invalid reasons.

Prior to this, Ameridink actually sold(?) the account they want to sue to over to a JDB. The JDB tried to sue me, then when I defended myself against the out-of-statute lawsuit, the JDB withdrew/dismissed their case. I counterclaimed. In response to the counterclaim, the JDB has been offering to settle the case, so that I don't move forward.

So, Ameridink decided one day to sue me. I fought back -- basically, informing them that if they had already sold the account, they had no right to collect, here are the FDCPA violations that you are currently committing, please mail me a check or I will just file this in Federal Court.

Ameridink answered this by sending another demand letter, so I sent back a letter stating along the lines of, "Hey Ameridink, I also opted-out of your class action lawsuit settlement wherein you engaged in the exact type of conduct that you're engaged in right now, this is harassment at this point, so where's that settlement check?"

Ameridink left a voicemail for me a few days ago. They seem to have reconsidered the facts. I have a settlement check from the JDB which is nice. I specifically asked that any settlement negotiations be done in writing via fax, not over the phone.

What's my next step? They seem to have found their wits, and I'm going to keep my word to give them 15 days to negotiate a settlement. What kinds of questions should I ask in writing to make certain this is resolved?

I have a short list of demands that are very reasonable: 1)removal of the item from all 3 credit reports with CC on all correspondence within 10 days2) a letter from them indicating this account is NOT MINE and that its reporting was an error on their part 3) compensation commensurate with the FDCPA violations as well as damages for harrassment.

Also, I'm not 100% sure if the person who left this message is someone with authority to negotiate such a settlement. How can I be sure this is the right person to deal with in their organization?

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You have zero shot at getting demand number two. Your other two demands should be no problem, assuming you come to an agreement on the FDCPA violation.

There are really not a lot of questions to ask. You come up with a number, they come up with a number. You then, most likely, meet in the middle.

You're correct in making sure the party you deal with has the authority to bind the JDB to the agreement. Oral contracts are enforcable, but I would want the final settlement in writing. No problem to haggle over the phone or email, but the final agreement needs to be in writing and from somebody that has the authority to bind the JDB.

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There are 2 parties here:

1) the JDB who has mailed a settlement check for $6000, which I have not cashed yet and I have not yet signed/returned the agreement that came with it because it's $1000 short of the amount we agreed on earlier.

2) Ameridink the OC, which sold this account to the JDB.

Coltfan1972 -- I'm going to call Ameridink back and give them my number and wait. I'm going to follow up my voicemail with a letter. If not, I'm going to move forward with the federal case.

But how can I make sure that the Ameridink people are the right ones to discuss with? It's Bank of Ameridink. They have many faux-spe******ts who are actually collections staff, like "Litigation Support" = people who sound a lot like... collections people. Is there a person or department who are for-sure the right decisionmakers? I was anticipating a person from their Office of Counsel or something.

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How to determine, if your discussing verbally with them, the party has the authority to bind? Probably no sure fire way, other than stereo typing. I can usually tell in the first 30 seconds when talking to somebody if they are the right person to talk with or have to get permission to change out the toilet paper in the bathroom.

Stereo typing is very much frowned on. The problem with stereo typing is that your right 99% of the time. It's the 1% that causes all the problem. I mean look at the posts on this board. The second somebody says the atty for the junk debt buyer, the assumption is the atty is an idiot and can't even come close to winning. You know and I both know that is pretty much the truth, although, not fair to the few that are not.

When doing the final settlement you need the agreement on letterhead and some simple Google research should ensure your dealing with the right person. Even if your not, if you prove you did your due dilligence prior to entering the agreement, the company will be bound.

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Personally, I have found the first demand in any settlement discussion via phone is a working e-mail address exchanged between both parties.

Easy to setup a g-mail or yahoo account for this. Once they give you their email, you tell them you will send them a test email and after you get a response back, you can begin to discuss via phone.

Discussions on the phone need to memorilized within a very short time after the call.

Doing this makes sure when the check and agreement show up it isn't 1K light.....

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Brian T Moynihan

100 Tryon St

Charlotte NC

This is the CEO. Send it to him via registered mail. It will then get sent to the proper dept. I've been going round and round with BoFa for 4 years. You'll never get their legal dept on the phone, don't waste your breath. Instead of asking for the letter stating this is not your account, try a covenant not to sue. That's a simple agreement that says they will not pursue this any further.

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