Legal Question in Credit and Debt Law in Texas

I was to settle a credit account with Bank of America for $440 around July 18th. The account manager ended up going on maternity leave days after we had decided the amount. Around August 17th I received a letter in the mail saying that the agreement was now $510. I called to complain and they said that there was nothing that they could do. I have already paid the $440 but now they want me to pay the extra $90 by November 11th 2009.


Asked on 11/21/09, 2:40 pm

1 Answer from Attorneys
Mark Dunn Mark D. Dunn

Did you pay the $440 on or before the time you agreed to pay it?

Do you have anything IN WRITING from these folks saying, "If you'll pay $440 by July 18, we'll settle the debt for that amount"?

It makes a difference.

If you DO have something in writing, mail them a copy of it, along with a letter (stop using telephones, and don't send email - this will be PAPER mail). Send the letter CERTIFIED MAIL. Keep a copy of the letter.

The letter could say:

"Enclosed is a copy of the written agreement we made . I paid the $440 before July 18, 2009; you accepted the payment. This debt is now settled, and your records should show me paid in full. I don't owe you any more money.

"If you don't honor your agreement, I will sue you for Deceptive Trade Practices, and will ask for a judgment of three times the actual amount of damages plus attorney's fees. I await your response."

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Answered on 12/02/09, 3:13 pm


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