Internet's first get-out-of-debt community - 128,000 members

Posted: Wed Feb 07, 2007 7:23 pm Subject: Hess Kennedy Company

Anyone who has posted in here claiming that they have been "defrauded" should contact the attorney general and file a complaint.

They wont though. They wont because if they do, they have to be truthful and have to identify themselves.

It is easy to post negative information in this forum, expecially if you are a third party debt collector who is witnessing his tactics no longer become effective because Hess Kennedy Company is educating people and enforcing their rights under the Fair Credit Billing Act and Fair Debt Collection Practices Act.

Our law firm is taking a lot of bad posts in this forum, and unfortunately, we cannot control who says what. In some respects, this is a blessing, because free speech should prevail. However, because the forum is intenret based, creditors and collection agents can post here as well. I am telling all consumers and the monitor of this message board you should delete any post from a debt collector.

Be assured that people that post ridiculous allegations, such as "The Law Firm is Stealing Money, Committing Fraud," and somehow is getting away with it is just plain silly.

I have said this before, Consumers, Debt Collectors are telemarketers that will lie. More important, any consumer that follows our instructions has their debt completely eliminated, or settles with .20 - .30 on the dollar and no negative history.

When clients, do not maintain a complete and specirfic log of who is calling them and forward this log to our attention, we cannot help.

Every consumer is told by our firm to read the publications offered by the FTC. Namely, the Fair Credit Billing Act, Fair Debt Collection Practices Act, and the Fair Credit Reporting Act. We enforce these three laws, and it is a simple process.

1. We audit a cosumer's most recent billing statements.

2. We challenge innacuracies under the FCBA.

3. We monitor any vioations of the FCBA during that process.

What happens while my bill is in dispute?

You may withhold payment on the disputed amount (and related charges), during the investigation. You must pay any part of the bill not in question, including finance charges on the undisputed amount.

The creditor may not take any legal or other action to collect the disputed amount and related charges (including finance charges) during the investigation. While your account cannot be closed or restricted, the disputed amount may be applied against your credit limit.

Will my credit rating be affected?

The creditor may not threaten your credit rating or report you as delinquent while your bill is in dispute. However, the creditor may report that you are challenging your bill. In addition, the Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants who exercise their rights, in good faith, under the FCBA. Simply put, you cannot be denied credit simply because you've disputed a bill.

Posted: Wed Feb 07, 2007 7:54 pm Subject:

Edward -

If you are truly interested in helping your "clients" that are posting their stories here, then please go to any one of the numerous threads about Hess & Kennedy and begin answering the questions posted there. That would show your care and concern for your clients more than repeatedly posting the same info over and over again. This post is very nearly a carbon copy of several others you've already posted today.

Posted: Thu Feb 08, 2007 3:54 am Subject: DILEMMA

The posts are a carbon copy because I am trying to explain that in order for a client to be successful they must follow instructions.

The messages being posted are not, "i did everything my attorney said and I am still in debt"

The posts are, "they steal, fraud, etc."

I do not even know how to respond. ITs like knowing the truth and people are saying blatent falshoods. How do you deal with it?

I am so dedicated, as is our firm to fighting predatory lending, but when people come into this forum and just blatently say things that are not true, they are really hurting consumers who are in debt and need a lawyer. I am at a loss. You have no idea how good it feels when you get a letter back from a big law firm that represents a creditor or third party debt collector and the leter says that "we have made the business decision to zero out teh account and update our records with the credit bureaus."

It is amazing. Like I said. Ther is not way that a law firm can engage in the behavior that some of these people are claiming is going on and stay licesned. None of the complaints in this forum manifest themselves as formal ones because they know that they would have to tell the truth and give their real contact information. They cannot slander our firm to a regulatory agency because they are not immune from a business slander suit.

What do you suggest i do?

Posted: Thu Feb 08, 2007 11:43 am Subject:

Okay, Edward… In response to your posts, I am coming forth, because I have posted on this forum to say that Hess Kennedy has ripped me off. I am not a third-party debt collector; I am a consumer who signed up for Hess Kennedy’s debt settlement services.

Nothing I have posted can be considered untrue. I do not believe in exaggerating or trying to defame a person or company just for kicks. In fact, if you look through all of the threads regarding Hess Kennedy, you will see that I actually posted positively towards your company when I first signed up. The longer I paid money out, the more I began to see that I was just giving your company money that I don’t really have to spare, to do nothing.

I am not going to type out a novel about my experience with Hess Kennedy. But, I would like it if you could clarify some things for me.

Why is it that Hess Kennedy do not issue monthly, or even quarterly statements to debt settlement clients to let them know how much money is in their account, and what portion of their monthly payment is applied towards your fees, if any?

Why are clients kept on hold for unacceptable amounts of time when they call to speak to a paralegal? I called numerous times last month to follow-up with my termination request, and the hold times ranged from 40 minutes to over an hour (I have the phone records to prove this), and each time I never was put through to anyone, just hung up on after waiting all that time, and owing the phone company for the long distance charges.

Why is it that none of the emails I’ve sent to Hess Kennedy over the past couple of months have been responded to? Also, why is it that the emails are sent to info(at)hesskennedycompany.com or help(at)hesskennedylaw.com, yet when I was actually receiving responses, the replies all came from Yahoo! Email accounts?

Why is it that there was a newspaper article by Jan Falsted published in January 2005 in the Billings, Montana Gazette titled, “Deeper in debt: Shady credit counseling services may do more harm than good.” that reveals Consumer Credit Counseling of America and Consumer Credit Counseling Bureau are nothing more than telemarketers who pass consumers off to other companies (namely, Hess Kennedy). BBB complaints have been filed to which there have been no responses. The two consumer credit counseling agencies advertised in Montana phone books with Montana phone numbers, using similar names to reputable credit counseling agencies.

CCC of America and CCC Bureau list several Florida addresses in Daytona Beach, Fort Lauderdale and Ormond Beach, and in Chelmsford, MA, which are addresses that Hess Kennedy has.

When the so-called president of the Credit Counseling places above did not return calls to the newspaper, “a man identifying himself as Edward Kennedy of the Hess Kennedy law firm in George Town, Grand Cayman, called saying he represented the company.

The Consumer Credit Counseling name is not trademark-protected, he said, adding that he didn't think his client had intentionally advertised in Billings.

The privately held company is in compliance with Florida laws, he said.

When asked for his telephone number, Kennedy said, "Have a great day," then hung up.

Pepper at the BBB wondered if the man's name was real or taken from the senior senator from Massachusetts. The company's address in the commonwealth state, she said, is just a mail drop, and telemarketers often work under false names.”

Funny, I called CCC of America, and whom was I referred to for debt settlement, none other than Hess Kennedy!

So tell me, when will I get my $548 refund from my settlement account, why haven’t my emails been answered, why aren’t my calls put through, and why have I not received any written correspondence from Hess Kennedy after signing up for their services? Why weren’t proper settlement negotiations made with creditors I had low balances with, rather than 2 letters, which stated that Hess Kennedy felt that interest/charges had been calculated incorrectly, and a request to re-work these calculations was being made…. what is that? Creditors are going to see that and think, “Get lost!” and you won’t hear from them. When the two creditors didn’t respond to those ridiculous letters, why didn’t a paralegal move on down the line to two more creditors who I had low balances with?

There are negative posts on the Internet about Hess Kennedy not only on this forum, but on other consumer web sites as well….. there are more dissatisfied customers than you know.

I await your clarification to all of these things, as I’m sure many others do as well. As for your comment about why we don’t file complaints with the Attorney General…. I definitely plan on doing just that. I thought I would wait a bit to see if maybe I was jumping the gun when I didn’t receive any response to my refund request, but after uncovering more and more about Hess Kennedy, you can believe I will be filing complaints.

If anyone wants the URL to the newspaper article I am referring to in my post, please PM me.

Posted: Thu Feb 08, 2007 12:11 pm Subject: THE TRUTH

You said:

Okay, edward… in response to your posts, i am coming forth, because i have posted on this forum to say that hess kennedy has ripped me off. I am not a third-party debt collector; i am a consumer who signed up for hess kennedy's debt settlement services. . . .

Response:

You slandered out firm and now are stating the truth because i called you out on it. You did this anonymously and that is not fair.

From reading your post, i now know the following:

You cancelled my services and want a refund because:

A. I did not receive a monthly statement; and
B. I was kept on hold too long when i followed up on my termination of service request;
C. My email was not answered following up on your email.

So, you are now saying that you canceled because you did not receive a monthly statement.

The ripped off part is because we did not refund your monies. Do you see why what you are doing is dishonest?

Your contract with the law firm did not require hess kennedy company to send you a monthly statement. Thus, if you cancelled because of this, it is not a legal basis for cancelling.

Further, in your post, you now admit that we did notify your creditors of a billing dispute in accordance with the fair credit billing act. You however comment that this was "silly" and that creditors will say "get lost".

You are mistaken, and the fact that you did not maintain a log of collection activity that occurred before they responded un accordance with 15 u.s.c. § 1666 tells this entire forum that i was right; you did not do what you were required to do. To sum, you did not follow your attorneys instructions and then you cancelled without wanting to pay for services that you admit were performed, but your lack of legal training makes you believe that the legal services are not effective.

As far as stories posted on the internet, your exaggerated and untrue posts are my response. Like you, others can anonymously post anything they want on the internet. We have to deal with that. However, when you are forced to talk about your post, the truth comes out:

You agreed to a service, we performed the service, you mistakenly think it is not effective, so you cancelled which is your right, but when we said that services were performed, and the attorneys expect to be paid, what do you do:

You anonymously slander our firm in an online forum. You are my best witness to your own bad behavior. You should be ashamed of yourself.

Post turned to small caps - Mike

Posted: Thu Feb 08, 2007 1:33 pm Subject:

I have just read your post, and I'm gobsmacked. You're aggressive and defensive manner speaks volumes about you and Hess Kennedy. I did not anonymously slander anyone, although, I'm fairly certain that it would be 'libel' rather than slander, since it is in written form, if I was indeed committing this act.

Nobody that posts on forums is going to give their first and last name and all identifying info, for privacy reasons. As for coming forth, that simply meant that I am not some debt collector, as per one of your previous posts. I was an actual client.

Also, you obviously did not comprehend or completely read my post. I did not cancel with Hess Kennedy because I didn't get a statement or because calls aren't taken, emails aren't responded to, etc. Those were points I wanted you to explain, which you did not. They just help paint a picture of a company that provides extremely poor customer service.

You claim that I agreed to a service, your company performed the service, and I mistakenly think it's not effective. How am I mistaken? Not one single acct. that I placed with Hess Kennedy was settled. That is what I wanted services for. There was no reason for your company to make disputes with my creditors, as you mention in your post. I simply wanted negotiations for a settlement on the amount they claim I owe. This wasn't done!

Hess Kennedy's agreement states that if a client is not completely satisfied, they are entitled to a full refund. I am merely asking for the amount that is in my settlement account, not the retainer fee I paid initially.

I have done nothing anonymously, the same claims I made on here are the same that I sent to Hess Kennedy, with my full name and identifying details included, but yet, no acknowledgment from Hess Kennedy. If I am "slandering" your company, why is it that your company has not formally replied to my written correspondence to address this matter? Why is it that someone professing to be affiliated with Hess Kennedy is posting on a debt forum, instead?

As for the "stories" posted on the Internet, the article I referred to in my previous post was from a Billings, Montana newspaper's website...an actual article that was posted in written form in a newspaper. You failed to even acknowledge what was in the article or try to disprove anything.

The more you react as you have, the more it just shows that your company is feeling threatened. The way you tried to turn things around on my claims, is the same format that was used to do the same to someone who posted on another website that has unhappy Hess Kennedy clients. Their story was pretty much the same as mine. Most of the stories are, which is more than just a coincidence. The lack of responses to complaints to the Florida BBB says a lot as well.

I do have to tell you, I am ashamed of myself, I fully admit that. I am ashamed that I got taken by your company, that's what I am ashamed of.

If I am incorrect in posting that I have been ripped off, I will be the first one to post on here and admit I was wrong and take my claims back. That will happen when Hess Kennedy honors my request and refunds my $548, which is what I had in my settlement acct. before I cancelled your services. Prove me wrong!

Posted: Thu Feb 08, 2007 1:42 pm Subject:

It speaks volumes indeed. Get the ball rolling on that AG contact Tiffany.

Posted: Thu Feb 08, 2007 2:15 pm Subject:

Edward, typing in all caps is rude. I'm sure everyone knows that you are upset, however, it makes reading your post difficult and time consuming.

Posted: Thu Feb 08, 2007 4:42 pm Subject:

SHE should be ashamed??? Edward, you must truly be a robot, as I mentioned in another post...because you must clank when you walk. (as in "b-lls of steel".)

You really are amazing.

Posted: Thu Feb 08, 2007 5:50 pm Subject: TIFFANY IS RIGHT

Tiffany is right. We did not settle any of her accounts.

She quit before we could. She retained us to perform legals services, not merely "negotiate with a creditor" she could have done that herself.

We dont negotiate with balances the contain unlawful billing. Further, the fact that i am being called names seals my argument. You people have fun here. I will not be called names, and forgive me for the caps. If you spent a day at a law office seeing what is done you would apologize. The banks are killing the middle class in this country and we have the courage to go up against the biggest banks in the nation. We only want what is fair. If you made the charges, pay the bills, but the bank are not allowed to cheat you out of thousands of dollars and shake a stick at you when you challnge their billing.

We eliminate debt Tiffany and we sue debt collectors. If that is not what you retained us for, I am sorry for the confusion, but dont call us names and dont say we steal because that is a lie. Plain and simple.

Posted: Fri Feb 09, 2007 9:48 am Subject:

I'm sorry, but I honestly do not feel that I called you or your company names at any point. Also, as per your previous post, I am sure that working in a law office is extremely stressful and frustrating, but the same can be said for many other professions. So imagine the stress and frustration that is caused by a job, then add more on top of that because of debt and all the headaches that come with it. Now, maybe you can understand a bit more where your clients are coming from. Being respectful and considerate to each other and the differences in our points of view would accomplish far more than lashing out at each other.

With further reference to your previous post, not all of the accts. I placed with Hess Kennedy had anything to do with unlawful billing such as payday loans. I can think of one acct. in particular that was with a bank, and according to my calculations, the settlement process could have been initiated with them, as per what was accruing in my settlement acct., yet that did not occur.

If you and your company are genuine and feel that you are not in the wrong, I would think the least that could be done, is for someone to have the courtesy to respond to me emails, or send written correspondence to ackowledge that I have requested that your services be terminated, and to acknowledge my refund request. Yet, that has not happened.

As I have mentioned previously, I will be amazed if I ever see my $548 again. It would be a most welcome and pleasant surprise. You commented about people not paying their bills, and the banks not being allowed to cheat consumers out of thousands, or shake a stick at us when we challenge their billing. Well, the money that I am requesting Hess Kennedy to refund to me could be used to pay on some of my bills. In fact, it would just about pay off one of my smaller credit cards. But, as it stands now, that is $548 less that I have to pay on bills, causing me to be deeper in debt. So, Hess Kennedy not complying with my refund request further contributes to me not being able to pay my bills.

This is a forum to help people get out of debt, and posters to the forum give and receive advice. You have had your say, and I have had mine regarding your company and services. Obviously, no ground is being gained and nothing accomplished in our posts back and forth to each other, and the posts are not being productive in helping other forum members, so I am not going to continue to try and sort out my problem with your company using this method. I have come to feel that it is becoming inappropriate.

Posted: Fri Feb 09, 2007 10:08 am Subject:

This is an interesting read. Has it been posted before:

billingsgazette.com/newdex.php?display=rednews/2005/01/23/build/busine ss/30-deeper-in-dept.inc

Posted: Fri Feb 09, 2007 11:34 am Subject:

That's the article I was referring to in my initial post on this thread. I found reference to it on another website, and I found it very interesting.

Posted: Fri Feb 09, 2007 1:15 pm Subject:

Me too. Edward, could you respond to that article, please?

Posted: Fri Feb 09, 2007 6:37 pm Subject:

Your kidding right? The article is about Consumer credit counseling of America advertising in the local yellow pages in Montana.

What would you like me to comment about?

An internet article in the Billings Montana Gazette where a company argues that "Consumer Credit Counseling of America" is a protectable trademark?

You are kidding right?

Posted: Sat Feb 10, 2007 8:54 am Subject:

Did you actually read the article, Edward? I suggest you re-read it completely, it suggests far more than protectable trademarks and CCC of America advertising in a YP ad. CCC of America doesn't seem to be doing much "debt counseling", just passing consumers off to be preyed upon. Hess Kennedy hits you from the beginning, since CCC of America and HK are in bed together, so-to-speak.

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