Posted on October 14, 2009 at 7:33 pm We moved in May 2006, and at approximately this time, we canceled a membership at a local gym.  The monthly recurring charges for this gym were $50, and once we paid what we owed on the Band of America credit card to which these charges posted, we closed the credit card account.  Unfortunately, the gym put through one last charge by mistake.  When we moved into our new home, we of course forwarded our mail through USPS, as well as notifying all relevant creditors and contacts.  However,the BOA credit card statements never got forwarded to our new address, and we had no idea we owed any money until we got a call from BOA collections in August of 2007.  By this time, the balance on the account (which we had closed, but which through "outstanding contractual obligations" they allowed a charge to post)  was $650, $600 of which was late fees and interest.  By September, when we got the opportunity to call BOA, they had passed the debt off to a collector and were unwilling to negotiate anything.To add insult to injury, the mortgage for the new house we moved into was through...you guessed it, BOA!  And, they still couldn't find our address.My question is:  if the newly-hired local attorney that the debt collection agency tagged to press their case decides to follow form (and I do intend to put him through the rigmarole), would a judge be inclined to take into consideration the facts above - that our mortgage for the new address was through the same institution, and we had our mail forwarded, but BOA still neglected to make a good faith effort to contact us - in reaching a judgment?  I am in the process of filing a claim with the AR AG's office, as well.Any info someone might have regarding how to delay/beat the attorney, as well as any offensive strategies regarding the negligence of BOA, would be appreciated.

Posted on October 14, 2009 at 7:36 pm Just FYI:  All of the statements I have requested regarding the account until its closure in August 2007 have our old address. 

Posted on October 15, 2009 at 4:37 am My question is:  if the newly-hired local attorney that the debt collection agency tagged to press their case decides to follow form (and I do intend to put him through the rigmarole), would a judge be inclined to take into consideration the facts above -I am not an attorney nor an expert at this but if you have all the paper to support your claims then I believe that you have a chance at this. Any info someone might have regarding how to delay/beat the attorney, as well as any offensive strategies regarding the negligence of BOA, would be appreciated.I also wonder if you have already seen an attorney.

Posted on October 15, 2009 at 4:41 am By this time, the balance on the account (which we had closed, but which through "outstanding contractual obligations" they allowed a charge to post)  was $650, $600 of which was late fees and interest.  By September, when we got the opportunity to call BOA, they had passed the debt off to a collector and were unwilling to negotiate anything.If you don't mind sharing how much it is that you owe, perhaps we can better understand why they are unwilling to negotiate..

Posted on October 15, 2009 at 4:43 am I agree with Destiny, usually the banks/creditors would not negotiate accounts that are not past due and are not worth more than $10,000 (somebody correct me if I'm wrong) -

Posted on October 17, 2009 at 7:49 pm Total amount owed is still $650.  By the time we called BOA back, just days after they finally called my wife on her phone, BOA had already charged-off the account and sold it to a collection agency and was unwilling or unable to make any agreements with us.Since the original sale of this debt, it's been to 2 other agencies and finally an attorney hired by the final agency.  I asked for verification of the debt in March 09, when the attorney first notified us, and he replied on October 12 with an affidavit from the third collection agency and a statement from BOA.  He states that he is "allowing" us ten days to call and make arrangements, and then he will file with the court.  At that time, I will submit a denial of the debt, the amount, and the validity thereof to the court.How far would an attorney be willing to push to collect on $650?  Would he actually pay an employee of BOA to show up to testify against us?  Keep in mind, the collection attorney is from Podunk, AR.If we do contact a lawyer, which pisses me off just to think about, would we be able to recoup legal fees from the collection attorney?