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How To Enforce A Settlement?

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G

Guillermo

Guest
What is the name of your state? Colorado

Respected and Savvy Forum,

I signed a contract with a credit card company to get its service for my website at that time in construction; but in reason I was victim of fraud, my small business broke.
In addition, I never had chance to use that service. I paid the service for more than one year without use it. Then, I was unable to continue paying the monthly installments.

Some time after, the credit card company offered me a settlement to pay $300 and they will erase my debt and will cancel the contract. At that time, I was unable to pay in one lump sum. I sent a half, $150 with a letter telling them my difficulty to pay the total amount, but in 30 days I would send the other half, $150.

Surprinsingly, the credit card company sent me a billing statement where them decreased the debt by $150 only, instead of give me their formal position in accepting or not my payment to meet the settlement.

When, I claimed to them about their behavior, they sent me a strange letter. The letter said me if I dispute their procedure they will sue me. Also, the envelope of that credit card company used to send me the letter had over their own logo, a label from the Federal Trade Commission as a sender.

Finally, last week that credit card company sent me a letter to inform me that the contract I signed to get their service is non-cancelleable. It is forever.

I would appreciate your advice about how can I enforce the settlement that they already propossed me by sending the last half, $150 to erase my debt and cancel my contract as they offered me.

Grateful,

Guillermo
Thornton, CO
 


R

Ramoth

Guest
The Credit Card Company's suggested settlement required you to pay them $300. You didn't pay $300, so you rejected the settlement. You can't force them to accept it on your terms.
 
G

Guillermo

Guest
Thank You, Ramoth

Thank you Ramoth for your kind insight.
When the card company offered me the $300 settlement, I sent to them only half because I was unemployed at that time. Also, I sent a letter to them jointly with the check. The letter explained to them that I was unable to pay a lump sum, but in order to match the settlement, I shall send other half in 30 days.
I expected from them a communication of their agreement or a refund of these $150 in case they require a lump sum only.
Then, they cleared the check and used the $150 to decrease the total debt that they are claiming.
Today, Consumer Action. Org called them about my case. Surprisingly, they denied any settlement and the half payment I sent to them.
Now, you can see that that company uses deceitful agenda to drive their business.

Please Ramoth, if you have any any other insight, please let me know. Grateful.

Guillermo
 

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