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. (www.consumerlawfirm.com) 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.
