First Resolution
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Posted by tracy1372 (160.83.64.79) on June 13, 2004 at 22:15:20:
I need help with a problem. 2 years ago I got a call from FIRST RESOLUTION Management Corp. saying that they were trying to collect a debt I owned to First Card and that they were calling to make payment arrangement with me. The original debt was $2500 but with the interest applied by First Resolution - the debt was now over $5,600. When I researched the debt I found that the last payment I had made to First Card was in 1995. They were eventually taken over by BankOne who charged off the debt in 1999. FIRST RESOLUTION said they were willing to make a settlement and when I asked what that would be they said I had to give them a full financial disclosure before they could tell me - consisting of - how much I had in any checking or savings accounts, 401k and my current salary - which I didn't do. They called again later and made an offer of $3,000 one time payment to settle the debt. I agreed to borrow the money from my friend but before they would sent it to me they said that I should ask for a letter from FIRST RESOLUTION stating that the $3,000 one time payment would indeed settle the debt in full. When I called them to ask for the letter they told me I had no such deal and that the $3,000 was just a good faith payment on my part and that after giving them the money I would then have to enter into another agreement to pay the full balance with interest incurring every day that I didn't pay the balance. I thought this wasn't fare so didn't send them the money or answer or return any of their phone calls. After a month or two the calls stopped and I didn't hear anything for a few more months and then a sheriff served me with papers from a local law firm called Blitt & Gaines PLC in Illinois saying that I was being sued for this debt to First Card and now the debt was $6,600 and they were requesting that I also pay the lawyers fees. When I got served I called Blitt & Gaines and tried to explain to them what happened and why I never paid FIRST RESOLUTION the money and to see if they would accept the $3,000. They said that my account representative could not be reached but that according to my file they could not accept less that $4,400 from me and maybe I stood a better chance in court. I went to court and while I was waiting for my case to be called a lawyer from Blitt & Gaines approached me and asked why I had never paid the debt and opened a file that claimed I had entered into an agreement to make these $440 a month payments with some people from their office that I’d never spoken to and that I failed to make the payments. I told the lawyer my side of the story and she asked what was stopping me from giving her the $3,000 now and I said a letter saying that it would settle the debt. She said hold on. We went to see a judge and the judge drew up a paper that said that I was to make 3 monthly payment of $1,000 to Blitt & Gaines on behalf of FIRST RESOLUTION to settle the debt and that if I missed a payment that the agreement would be null and void. I agreed and signed it after the judge signed it and the lawyer from Blitt & Gaines signed it and I thought it was done but... After I sent the first payment, Blitt & Gaines sent me a receipt saying they received the first payment but that now I owned an additional $5,600 and to send the next payment back to them in the provided envelope and using the case number that they had for me. I had sent the first payment with a copy of the court order and payment 1 of 3 written on it and now was afraid to send it with their case number because I thought if I did I would be acknowledging that I did indeed owe an additional $5,600 so I sent the 2nd payment the same way I sent the first, by registered mail with a copy of the court order but now it said 2 of 3. Blitt & Gaines did not send me a receipt for the 2nd payment and I started to get worried again. Then last week they called me at home and I answered to phone to see why they hadn't sent me a receipt but I never got a chance to ask them because they immediately became abusive, started misstating facts, said that I had not made the second payment, that I had arrangements to send payments for $440 until the entire debt was paid and ran off a list of people from the law firm that had contacted me and made these subsequent deals with me. I told them that I had a court judgment. That I was making payments according to the court judgment and that I had made (2) $1,000 payment and had 3 weeks to make the final one. At that point they admitted that they did indeed receive the 2nd payment so I asked why they were calling me. They said that while I had made the first 2 payments on time - that had no reason to believe that I would make the last one and as a good faith offer on my part, I should post-date a check by phone to them for $1,000 and they would hold it until I sent the final money order for $1,000. I got angry, told them no, and to stop harassing me and that if they didn't I would call the police and a lawyer and hung up. I did not hear from them again and this Saturday I got a receipt from them for my 2nd payment but it says that I only paid $300 - not the $1,000 that the post office said they cashed. So now I don't know what to do. I think despite the judgment that they will try to get the full balance of the debt from me and that even though I have all my registered mail receipts, proof that they received them, money orders and proof that they cashed them, that because they are falsifying records on their side that somehow I will end up paying the interest on the debt that still has not stopped accruing.
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