Chapter 13 Discharged ... But It's Still Not Over ...

[B12]

Your patience in all of this is a true inspiration.

[FeelingHopeless]

Speaking of patience ... you're all gonna love this ... more delays. [sigh]

I got a call yesterday afternoon. Timothy got a chance to really look at the settlement agreement and he's speechless. He says he can't believe a lawyer drew it up ... it uses only our first names ... no last names in the document ... he says they use singular case throughout instead of plural ... as if only one of us is agreeing to this settlement instead of my husband and I both ... and, as I posted earlier, it states that we've already received a check.

So, my people called their people and asked if we could make some "grammar" changes and they agreed. So Timothy marked it up and faxed it over ... they called and said they agreed to all the changes ... but that they couldn't get it done by tonight (last night). So, my appointment was cancelled ... and we're now waiting for the new settlement papers.

So I asked him ... what happens with the check itself? Do we get it at signing ... do we pick it up afterwards? He said it depends on their relationship with the lawyer. He said sometimes they have a very comfortable, trusting relationship with an attorney and they will send the paperwork over and get the check in a day or two. But (he laughed), in other cases, it's almost like something you'd see on tv ... where both attorneys are standing there with the check in one hand, the settlement papers in the other ... and they both release at the same time.

He doesn't know what kind of relationship his boss has with the CU attorney ... so he doesn't know how it will be handled. At which point I blurted out ... "OMIGOD ... don't TRUST THEM!" LOL He laughed and said they would take good care of us. And they have so far ...

So ... once again ... I'm stuck posting the same message ... I should know something today ... and I'll post as soon as I get a call. I'm hoping we can go in and sign tonight ... but we'll see. Wonder if this will be done before Christmas??? LOL

[lrprn]

So ... once again ... I'm stuck posting the same message ... I should know something today ... and I'll post as soon as I get a call. I'm hoping we can go in and sign tonight ... but we'll see. Wonder if this will be done before Christmas??? LOL

Well, if this does finish around Christmas, what a fabulous Christmas present it will be!

One of the big lessons I've learned the last 18 months is how slow our judicial system truly is. Lawyers and courts operate in a different time zone than everyone else....MST....Molasses Standard Time! LOL!

Hang in there, FH....it will all be over soon!

[chpxiii]

Lawyers and courts operate in a different time zone than everyone else....MST....Molasses Standard Time! LOL!

LOL! That's awesome! hehehehe

FH, still rooting for you here!

[HeatherB]

Aw man! I was so psyched over hearing the final result and it's delayed?! That's the equivalent of when they break up the movies into 3 parts. LOL

You're just stringing us all along for the heck of it. J/k (check out the number of posts/views!!)

Seriously, though - definitely dot all the i's and cross all the t's before signing off on it.

Oh, and I said it before and not sure if you skimmed over it or not, but please be sure to check your credit report to make sure they aren't reporting a repo or something stupid. If there is, it's best to take care of it while it is still fresh in your mind and the paperwork is at hand.

I'm staying tuned....lol

[Boscoe]

I am beginning to question whether they are even serious about signing. Hopefully your attorney willl demand they overnight the check over to him in advance of your new court date.

What unprofessionalism...........keep it going!

[FeelingHopeless]

Okay ... let's try this one more time. We have an appointment to sign the settlement papers tomorrow night at 7:00 p.m. The attorney's secretary assures me that they have dotted their i's and crossed their t's ... and that everything will be ready to go tomorrow evening.

My husband is convinced that the CU's attorney is purposefully making mistakes on the paperwork so that we'll incur more fees in getting it fixed. I can't deny it could be a possibility. These people aren't nice. But in the end ... we are doing this. And, by God, at this point, I think we deserve a little closure.

Hang on ... I'll be posting again soon.

PS - We're also in the process of reviewing/fixing our credit report. There were some botched items on there unrelated to this fiasco. It'll take some time and effort ... but that's our next priority.

[FeelingHopeless]

It's 3:30 our time ... and so far, we're still on. The plan is to be at the attorney's office at 7:00 to the sign settlement papers ... but no word yet on whether the check will be there or not. Gosh, keep your fingers crossed ... that would be so great!

[Boscoe]

7PM on a Friday night. They better not be pulling your chain!

Looking forward to hearing the good news!

[FeelingHopeless]

Well, Boscoe ... you hit the nail on the head. They were pulling our chain. We got to our attorney's office at 6:50 ... and waited until about 7:15 before they finally called us to the conference room ... to tell us to go home.

The CU's attorney's secretary called Friday morning and told Timothy that they couldn't send over the documents until their attorney talked to our attorney. She said that they needed to clarify something ... and they would call back in the afternoon. They blew us off. They never called ... never faxed anything over ... never couriered anything over. They totally blew us off.

I cried the whole way home. I don't even know if there will be a settlement now. Maybe this entire thing was just a ploy to either get us to dismiss the case ... or, like my husband says, get us to spend so much in attorney's fees that by the time we get the settlement, we'll see nothing out of it.

I called Timothy this morning ... he said they've already called over there and there's no one in their office until Tuesday. So, once again, my name fits ... because I am feeling pretty hopeless. My birthday is tomorrow ... and I was really hoping it'd be over before then so we could just relax and enjoy it.

I'm sorry ... I keep jacking you guys around ... for what it's worth, we're being jacked right along with you. At this point, I won't hear anything until Tuesday ... and Timothy is saying we may have to face the prospect of just taking them to court and letting the judge deal with this. Happy birthday, eh? [sigh]

[rrockinggramma]

you know at this point, I would tell your attorney to tell the CU "see you in court" and let the judge decide. I am sure everything is documented by your attorney. Now I would not hold back or be nice. I would go for broke and give it to the judge. Thank goodness your attorney didn't let the case go, but ask for a continuance. Wow. Enjoy your birthday anyway cause I think you really have them by the short hairs now.

[cubfan300]

I would think that "settlement" is the last thing I would do right now. They are jerking you around and it is time to let the law run its course. I know that often the law and common sense run counter to each other, but how could a judge not see that they are not negotiating in good faith. All your attorney has to do is lay the evidence out in front of the judge and he/she will lol.
Stick it to 'em!

[Boscoe]

Absolutely take them to court and let the judge have her say.....

Ridiculous and completely unprofessional. I am not surprised, but speechless at the same time. Unbelievable.

The previous comments are right on. "See you in court" and "Let the judge decide" is what you should do.

At some point when you are comfortable doing so (and this is all over), let us know what they were offering. I'll bet you that you end up with more $$ this way (i.e. the judge making the call) than whatever they offered.

Knowing your attorney as we do, I am positive that they have all of this documented, along with your 21 day continuance. But, please, for your sake, NO MORE DELAYS. Go to court and tell the CU "you had your chance". No more BS.

Good luck and let us know!!!!

[HeatherB]

Oh my God....

The CU has some nerve stringing you along like that. I know it has to be disheartening. Tell the lawyer to add that into emotional stress amount. (and loss of time)

I would go to court. No more chances. Make sure the judge knows of them stringing you along like that. How unprofessional! I'm outraged.

It does sound like they are trying to take you for a ride.... tie you up in lawyer fees to make you receive less money.

I'm sorry, sweetie.... try to have a happy birthday anyway.

[Boscoe]

FH - Yes, have a happy birthday and remember what the judge said back in September...

"She took her glasses off (very Judge Judy of her) and said, "Let me advise you that, from this point on, sir, the clock is ticking. I don't think your client will want to be paying the fees that are going to be incurred if we go to trial with this. Again ... I STRONGLY encourage you to work together to resolve this.""

Well, they did NOT "work together to resolve this", so now they will face the music...............and pay the piper.......