Victory against a shady CA

Discussion in 'Credit Talk' started by elusivemel, Sep 23, 2003.

  1. elusivemel

    elusivemel Member

    Last May, my Bank of America Visa was charged off to the tune of about $2300. Around Oct 2002 I started getting a call from a Stuart and Associates, PC a CA posing as a law firm located in Atlanta.

    A "Ms. Robertson" called me, notifying me that that I now owed over $3,500 and that legal proceedings had begun and that a lien would be put on my house, my wages could be garnished within 1 week if I did not make payment arrangements immediately. I now know this was total BS as they didn't even have a judgement against me.

    I agreed to make payment arrangements on a settlement of $1800 in 6 monthly payments of $300. I had them fax me the payment arrangement/settlement letter before I sent them any money, and then began sending payments.

    After making 2 payments, I learned that what I had agreed to was not a "settlement agreement", but an "arrangement on a payoff" which was totally different than I had been told, and was very cleverly worded to look like a settlement agreement. Basically, I was to send the CA $1800 over 6 months, and then they would decide how much of the rest of the balance that I owed them after I was already 1/2 way into it. They intentionally decieved me into thinking that I was paying off my debt, when in fact they were putting the money in their pockets.

    I promptly contacted a free consumer law firm Francis and Mailman, PC. ( and notified them of the details of the case. They were backlogged like crazy, but they eventually got the bastards for a FDCPA somewhere and now have a settlement check coming in the mail to me for $1,000.

    During the year my case was being handled I started reading this board, and have learned a great deal since - you guys are great. The CA that had my Bank of America account promptly sent it to another CA, Burton Neil and Associates, PC that I have nailed for not being able to provide validation under FDCPA sec 809(b). I have my first small claims suit going to court in 3 weeks, wish me luck... I couldn't have done it without you guys!

    Keep posting - information is the greatest weapon we have against these bastards.
  2. Hedwig

    Hedwig Well-Known Member

    Good luck with your suit. Keep this up, and you'll make money on the deal!!

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