Got involved with a debt elimination progam and it didn’t work. Attorney Berman’s office is suppose to be the attorney for Discover. Berman’s office got a judgment against me and I took them back to court in April and had that overturned by the judge since the judgment wasn’t valid.
Berman’s office turned around and started setting up an arbitration hearing. Whent the court notified me of that, I wrote Berman’s office asking if they would be interested in a settlement. His office called and negotiations started.
It was pretty much and one way deal and it was their way. We had reached an agreement, one which I thought was unfair, but better than paying the full price. I had written up an settlement agreement but Berman’s office said that they would not sign because that isn’t the procedure and it is illegal for them to sign any type of settlement agreement. I told them since they represent Discover, have them sign and they said this is how it works. I would send them the money order cashiers check…they wanted my acct. number but that isn’t happening..anyway, they would notify the court, I paid, then they would contact Discover then they would send me a letter of settlement. I am afraid if I send them the money without any settlement agreement, they will come back and ask for the rest of the money stating there wasn’t any settlement agreement made.
Berman’s office has started setting up an arbitration hearing but I asked the judge for continuance since I am trying to settle this debt. He gave me until August to get this done. I haven’t been able to find any attorney in this area who wants to adivse me on this. Simply because I believe they don’t know anything about how this all works. They just want me to file bankruptcy. I live in Pennsylvania. II don’t know if the laws are different for each state.
How do I get Berman or Discover to sign a settlement document before sending them any money?
I attached a copy of the settlement letter I want them to sign. I took out my information but you will get the idea.
Sample Letter Evelyn Wrote[My name] [My address] [Name of Bank
[ Bank address] [Bank account no.] [certified mail no.]
To Whom It May Concern;
Please find enclosed an agreement which outlines our discussion of [date]. I would like to resolve this matter quickly. As soon as I receive a signed copy of this agreement I will promptly sent out a money order in the amount of [the amount agreed on].
Thank you for your cooperation.
This is an Agreement between [my name and address and [bank name and address]
Although [my name] denies any liability and denies owing the alleged debt, in order to resolve the said debt of [bank name,[ account number], [my name] is offering to pay the amount of [amt. Agreed] no later than ten (10) days from receipt of [banks name] signed Agreement.
In return, Discover Bank agrees to:
1. Remove all negative credit entries to [my name] credit report.
2. Record the alleged debt as paid as agreed.
3. Discover bank shall not sell the amount of the alleged debt forgiven to any person or entiy
This Agreement reflects the complete agreement between the parties.
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The AnswerI Am Attempting to Negotiate a Debt Settlement With Discover Card. - Evelyn by Steve Rhode