Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Banking & Credit Cards

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 05-21-2009, 10:05 AM
Junior Member
 
Join Date: May 2009
Posts: 1

Bank sent settlement offer "in error"?


What is the name of your state (only U.S. law)? MD

I received a settlement offer for a credit card, by mail. Then the bank said it was a mistake. Do they have to honor the offer?

The bank offered to settle a $3771.21 credit card debt, for $200.00. The letter states; "We are willing to accept $ 200.00 provided it is in one lump sum within fifteen (15) days from the date..."

I called to accept the offer, and left several messages with the letter sender, with no return phone call. Finally, I just spoke with the "next available". I was informed it was a mistake, and is supossed to be a offer of $200.00 per month to pay off the debt. With a settlement offer of $2500.00.

They had previously sent a offer to settle the debt for $2500.00, 15 days earlier. With the same, one lump sum payment. Then 15 days later I got this next offer.

Is this a credit form of bait and switch? Just to get me to call them? Do they have to honor the offer?
  #2  
Old 05-21-2009, 10:19 AM
Senior Member
 
Join Date: Feb 2005
Posts: 3,336
In general, contracts and offers require the that the company is intentionally offering you those terms. Therefore typos and mistakes of this sort are not binding upon them. Since they quickly corrected themselves before you were able to accept or send in payment, you have no damages here to recover and were not harmed by their typo.
  #3  
Old 05-21-2009, 11:11 PM
Member
 
Join Date: Feb 2006
Posts: 662
Quote:
Originally Posted by reels29 View Post
Is this a credit form of bait and switch? Just to get me to call them? Do they have to honor the offer?
More than that. Had you sent them a check, they could have sent you a revised, backdated offer, and cashed your check, resetting the clock on your debt going out of SOL and the time limit on credit reports. It's questionable whether it would be enforceable if you had written "payment in full for XXXXX" on the check. Errors like this are just way too convenient. If an offer is "too good to be true" it almost certainly isn't. If they were willing to settle that low, they could have almost as easily just forgotten or canceled the debt. There is the old saying "do not ascribe to malice that which can be explained by incompetence" (which is also taken to cover errors). But in the case of certain bottom feeding debt collectors, I would not apply it. In you case, we just don't know.

Send them a counter offer of $1886.00 at $188.60/month, if you can afford that (I'm assuming you owe this money). See what they do. Be sure your offer has a space for them to sign and return it to you.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 08:58 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.