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Credit company won't budge

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laywerless

Junior Member
What is the name of your state?What is the name of your state? Florida

Here are the circumstances of my dilemma. Just recently filed a chapter 7 bankruptcy. I did it myself and it went over without a hitch! Thanks for the book recommendation... A large debt that I owe is in my mother's name so was obviously NOT dischargeable. I had been paying this debt through a debt management company along with my other cards and began to fall behind. After 3 months of not being able to make a payment, I decided to file for bankruptcy. I knew I had to continue making payments on this Bank One card, however, before it got out of hand. I was afraid that they would have already dropped the account from the program so I first contacted the credit counselors to confirm that Bank One was still on board. They agreed to the original terms and I resumed making payments. Months later my mother begins being harrassed and when she is asking why, they claimed that I had long since been dropped from this program and were confused as to why I was still making payments through them. Long story short...
I sent a certified letter offering to pay the debt IN FULL at X amount per month if they would drop the interest. Please note the balance is so jacked up with overlimit fees and late fees due to all the confusion, that they want $2000 just to stop charging extra fees. I have called and spoken with representatives on this account numerous times and they all tell me the same thing. They are about to "charge off" the debt. Am I more likely to be able to negotiate with the new creditor that will surely be contacting us?

What legal rights do I or my mother have here? She is unable and unwilling to take on this debt and I am willing! Can a lawyer help us to settle this matter? I am sick over hurting my mothers credit score but my hands are tied when they refuse to work out a reasonable plan.

thanks in advance for your answers.
 


Ladynred

Senior Member
The 'new creditor' is going to be some collection agency once the debt gets charged-off. Ironically enough, it will probably be easier to get a settlement with a CA than with B1 directly. They may not settle for less than 80% at first, but with time they will go lower. A lawyer could probably help settle this a bit faster, IF he knows what he's doing. Just make sure you do everything in writing. Offer them 50% and see if they'll bite.
 

laywerless

Junior Member
Thanks Ladynred, I thought it might be worth waiting to deal with the next people... Unfortunately my mother's credit is getting a bad blemish in the process.
Thanks again
 

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