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Applied Card Bank / Breach of contract!

1 United States Review updated:


In June of 2007 my account with Applied Card Bank was referred to NCO Financial, a collection agency. NCO Financial, acting as the legal instrument of Applied Card Bank, negotiated a settlement agreement that was agreed upon by Applied Card Bank and myself. To be payed in 2 equal payments on specified dates.

On 6/22/07 I made the first of the payments by phone with the NCO Financial representative as agreed. I got my confirmation number and the payment was withdrawn from my bank account. The payment was reflected on the next statement that I received from Applied Card Bank.

On 7/6/07 I called and made the second and final payment with NCO Financial. I received my confirmation number and asked if the account was now paid in full. The representative said yes that the account had now been settled.

The following month I received a statement from Applied Card Bank. The second payment that I made with NCO was not reflected on the statement. Additional late charges, over the limit fees and interest were added to the remaining balance of the account.

So, I called Applied Card Bank. When I told them that the account had been settled with NCO Financial I was told that the account was under review. I found this very curious, so I called NCO Financial.

The representative that I had dealt with told me that Applied Card Bank had pulled all of their accounts from NCO on the day of my last payment and they were not able to debit my account for the final settlement payment. I was told by NCO that Applied Card Bank should honor the settlement agreement that we had made. So I called Applied Card Bank again. They again told me that the account was under review and not to worry about it.

So what happens next. I get a letter from another collection agency, Wolpoff & Abramson, stating that I still owe Applied Card Bank money. I immediately called Wolpoff & Abramson and explained the settlement agreement that was made with Applied Card Bank through NCO Financial. I was asked to fax the paperwork that I had with NCO to Wolpoff & Abramson, which I promptly did. This was done the first week of August 2007.

I have made repeated phone calls to Wolpoff & Abramson since then. On 10/05/07 I called them again, now feeling very frustrated. After I had explained the situation with the representative, he took my phone number and said he would call me back personally. He NEVER did!

On 10/12/07 I called Wolpoff & Abramson again. This time the representative said that Appilied Card Bank would not honor the original agreement that NCO Financial had made with me for Applied Card Bank. Instead, I could work out another settlement with them. At this point, they said I owed them more that I had originally owed in June 2007.

Honestly, I feel that Applied Card Bank is in breach of contract because they accepted my first payment on the settlement, which I made on time. Yet, they did not accept my second and final settlement payment, which I had made on time, as agreed. IF THIS ISN'T A SCAM, I DON'T KNOW WHAT IS.

I owe Applied Card Bank only what we had originally agreed upon. I am ready to take this to the next step legally but I am not sure where to begin. I just know that I am sick and tired of these big companies screwing people over. I am not going to take it anymore. I guess small claims court. I think I am in my legal rights to take this one to court.

Applied Card Bank is a ripoff artist and they should not be allowed to get away with this.

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  • Am
      16th of Oct, 2007
    0 Votes

    I'm going through th same situation with these idiots Wolpoff & Abramson for some very old At&t wireless account. Me & my husband moved multiple times in 3 years & we NEVER got a letter from these scammers until 9-24-07 & they put a lien on our account on 9-26-07... WHAT ***HOLES. I went to civil court with my husband yesterday 10-15-07 & I'm going to fight this, they have NO right & Wolpoff should be shut down for good. They are NOT going to get away with this, people need to stand up & fight! I'll keep everyone updated on the situation but feel free to email me or reply to my story, thanks so much & wish me luck.

  • Ja
      14th of Feb, 2009
    0 Votes

    Hi, I just made my final and last payment, and I am worried they'll try to rake me over too. I would have had them paid in December but they charged me five fees that put me over the limit. I have yelled at them so many times, but if they try to say they didn't receive it I will be taking them to court. I already told them that. They actually had the balls to smart off that there was nothing I could do, to go ahead, nothing would happen to them. I was pissed. But, this time I am not playing with them. I wrote a note to tell them that once they have received my check and applied it to the account, I need a letter that says I no longer owe them money. I will call them daily like they did other people harassing them to make sure they send that. I will also be having a lawyer make a phone call if by the end of February I haven't gotten that statement letter. Any advice?


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