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Need advice re: B of A

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Oct 10, 2009 2:32 pm

They are obviously demanding the unforgiven balance of my prom note back now that i've left.  i have what i believe to be a strong case why i shouldn't have to pay it or at least pay less than the full amount?  i've countered offered them but they counter offered by only reducing the balance 10%.  how should i proceed?  should i request to go to mediation/arbitration?  should i hire an atty?

 
Oct 10, 2009 2:49 pm

If you have a signed Promissory Note arbitration panels tend to side with the firms.  It is a contract after all.  If you have a very, very compelling case hire an attorney to present your side to the Firm.  Good luck.

Oct 10, 2009 4:21 pm

In the midwest:  John R. Climaco  <SPAN style="BORDER-BOTTOM: #0066cc 1px dashed; CURSOR: hand; none: " id=lw_1249880131_6 =“yshortcuts”>877-621-1228  <SPAN id=lw_1249880131_7 =“yshortcuts”>[email protected]

                                  West Coast:    Mark J. Geragos 213-625-3900 [email protected]                                   East Coast:        Daniel Marino 202-223-8888-- [email protected]
Oct 10, 2009 8:20 pm

I would think you have a good case considering you probably joined BOA because of the leads, which now are non existent, and you pobably could have gotten way more had you just gone to a wirehouse instead of accepting the bullsh*t offer BOA made.

Oct 10, 2009 9:46 pm

You have no case based on anything if you go to arbitration despite the bs people are telling you that left when you left.  Go to arbitration you lose, its simple.  Settle before that happens.

Oct 11, 2009 12:55 pm

true dat. settle. you will lose the arb. your contract says nothing about provinding leads it is only a prom note, and if you fail the terms of the prom note you breach the contract. simple as that. very basic contract law, and you will be forced to pay all plus attorney fees, and misc cost. better to settle before arb for a discounted amount and admit you mistake of joining such a crappy firm. you have no case what so ever regarding the prom note. Now you could sue them based on your claims, but the prom note is a totally seperate and conrete issue.

Oct 11, 2009 3:16 pm
fritz:

You have no case based on anything if you go to arbitration despite the bs people are telling you that left when you left. Go to arbitration you lose, its simple. Settle before that happens.



fritz

smile more.
Oct 12, 2009 4:22 am

I suspect things are about to change.

Oct 12, 2009 6:58 am

[quote=whalehunter]In the midwest:  John R. Climaco  <SPAN style="BORDER-BOTTOM: #0066cc 1px dashed; CURSOR: hand; none: " id=lw_1249880131_6 =“yshortcuts”>877-621-1228  <SPAN id=lw_1249880131_7 =“yshortcuts”>[email protected]

                                  West Coast:    Mark J. Geragos 213-625-3900 [email protected]                                   East Coast:        Daniel Marino 202-223-8888-- [email protected] [/quote]   Hey, when a hail mary is in order, you can't go wrong with Dan Marino!    LA
Oct 12, 2009 11:51 pm

Yup, I know of a few that tried arbitration and failed. Negotiate the best you can and avoid getting smoked.

Oct 14, 2009 8:05 pm

agree offer a settlement

Oct 14, 2009 9:13 pm

put the ego aside, and the wrong doing aside. regarding the prom note you need to settle. Then sue them if you like for the ego bruising and wrongdoing. me I was just glad to settle for a decent discount and be done with it. but I didn’t spend the upfront either. good luck. don’t make a dumb decision and go to arb.