A lawsuit filed on August 5, 2019 alleges that Welk Resort Group has still been damaging its customers’ credit reports with knowingly false information. A copy of the Complaint can be read by clicking here.
In essence, the lawsuit alleges that, after the customer fell behind on his payments, Welk delivered to him a letter that offered to retake the property in exchange for Welk waiving any and all rights to pursue him for any deficiency on what he may owe on the account and also in exchange for Welk considering the account as “fully satisfied”.
The offered conveyed by Welk in writing offered for the customer to simply allow Welk to retake the property within 20 days in order to accept the offer. Despite the customer doing exactly what was required of him to accept the offer, Welk proceeded to furnish knowingly false information to the credit reporting agencies that he still owed a significant balance.
However, the terms of the offer drafted by Welk should have resulted in Welk reporting that the account was closed and that the customer owed a $0.00 balance on the account.
When the customer discovered that this false reporting of an outstanding balance was causing him harm in his attempts to apply for a new mortgage, he attempted to obtain Welk’s agreement to fix the problem informally. In response, Welk attempted to bilk him out of more than $13,000.00 by conveying to him a settlement agreement that, if signed, would have required the customer to pay that sum of money to Welk in a new contract.
However, the undeniable fact that Welk had already waived any such money and released him from any obligation to owe any such money meant the customer did not owe this money and it therefore amounted to Welk attempting to collect an unlawful amount of money from him that he did not owe!
If you or a loved one has faced similar problems with Welk, please do not hesitate to contact us for a free and confidential consultation to discuss your rights!