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Hubby Received Letter From Lawyer Re Beneficial

Date: Mon, 02/05/2007 - 17:50

Submitted by Cow & Chicken
on Mon, 02/05/2007 - 17:50

Posts: 3571 Credits: [Donate]

Total Replies: 13


Well, it's been one of those days. Today in the mail my husband received a letter from a lawyer who is representing his second mortgage with Beneficial. As you may recall, this is on his plan with Consumer credit counseling. Yes, we do have a signed proposal from the local Beneficial office saying they would accept the monthly proposal and husband has made all of his payments. I made sure of this when he first signed up with the program. It says we can dispute the debt but should we let CCCS dispute the debt on our behalf? It also states that we will probably get papers for the court. I'm also going to mail a copy of the letter to the local CCCS office. They aren't going to get blood from a turnip. It just irks me but it's not totally unexpected. Hubby is going to call his debt counselor since he has the day off tomorrow. Then we received a letter from our mortgage company stating they are refusing our payment because we broke our forebearance agreement. They claimed they never received our last payment in December to get the mortgage caught up. This included our Janauary payment. They refused the February payment. What a bunch of idiots because we had proof from UPS that they received the payment at the end of December. We are supposed to be on regular monthly payments with the mortgage company again. We never received a statement so he sent a check in at the end of January anyway. Now they are trying to stick us with laywer fees again. Boy did I have to go round and round with them today. They even claimed that we sent an empty envelope. :roll: Give me a break and I just caught the idiot in a lie. I called my bank to have the certified check tracked and I'm going to fax them this information along with making a complaint with the Division of Financial Institutions on this matter. They have already been sued by several states for predatory lending practices. I think it's time to find a local lender. :twisted:


Mishele, I am so sorry for all the crap you have to go through! I would get copies of everything and send them to the idiots. You're right, local banks are easier to work with, at least you can go down there and complain in person!! Good Luck-let me know what happens, you're in my prayers...Karen


lrhall41

Submitted by Bossy4455 on Tue, 02/06/2007 - 08:06

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Yesterday was a productive day on my end. Hubby contacted his counselor at CCCS. We mailed them a copy of the collection letter that was sent to us about Beneficial. They said this happens every so often after you make so many consecutive payments. They will contact the CA once they go over the letter. We do have the signed proposal form and we haven't missed a payment. I told hubby that this really isn't unexpected since Beneficial can be sue happy at times. About the mortgage, I left a voice mail with the Department of Consumer Affairs in my state. We'll see what happens there. Hubby also left a voice mail with someone he had dealt with before about the mortgage. It just irks my chain. :x


lrhall41

Submitted by Cow & Chicken on Wed, 02/07/2007 - 05:20

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CCCS is going to send a dv letter on my husband's behalf to Beneficial. They are a goofy one to deal with sometimes. I made a complaint with the consumer affairs office in our state against our mortgage company. My husband called them yesterday on his lunch break to see what was going on. They said our file was turned over to the attorney again, even though we are technically current on our payments. They claim we never made the payment in December. Of course we have proof that we had. Anyway, hubby contacted the lawyer's office yesterday and explained the situation. He gave them permission so I could talk to them. I need to mail them copies of the forebearance agreement that we made with the mortage company along with copies of the cashiers checks and proof of receipt. I'm also going to send the letter that we received that refused our payment for February. We'll see how this goes. :oops:


lrhall41

Submitted by Cow & Chicken on Fri, 02/09/2007 - 07:51

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Mishele, Bless your heart. I also went thru something similar with Wells Fargo. I sold my house I got so sick of the crap. I was going to sell anyways due to health reasons but just couldnt deal with this bunch anymore. I have the Attorney Generals office looking into my credit report. When new companies are running it it is saying F8 which is supposed to mean I was in forclosure. The latest my payments ever were was 38 days. I want them to take it off my credit report and I will fight until they do. I felt so bad for the people that bought my house. They went with Wells at a 12 percent interest rate. That is predators. Hope it all works out for you. KYSIDE38


lrhall41

Submitted by KYSIDE38 on Sat, 02/10/2007 - 09:49

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Thanks guys for the support. I don't know why our current mortgage company is trying to make everything so difficult. We have the proof that is on our side, showing me overnighted the payments on time. I don't know why they would return our February payment. They were involved in a class action lawsuit not too long ago themselves. I think they are just trying to get more money out of us because they are trying to get us to sign a new forebearance agreement. We are dealing with their attorney's office now and I have filed a complaint against them. I just wish things would get a little easier for us but it's life. Live and learn I guess. Once we get this straightened out, we are going to refinance with our local bank. We've told them the circumstances and they were even disgusted with what we are going through. I haven't heard good things about Wells Fargo either.


lrhall41

Submitted by Cow & Chicken on Sun, 02/11/2007 - 07:08

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Well, this afternoon we got served with papers from Beneficial. Yippee! It seems they want to sue my husband now for the remaining balance on the second mortgage. This really is not a shock but he has a call into his debt counselor. He might not hear back from her until Monday. In the meantime, I've made copies of the papers that we received and they are going to be mailed tomorrow to CCCS.


lrhall41

Submitted by Cow & Chicken on Fri, 02/16/2007 - 10:55

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Tammy,

I know but it's life. I just called and left a voice mail for my hubby's debt counselor myself. I'm hoping that she will get back to me today. He left her a voice mail saying it was okay to talk to me about this. I'm not going to die of worry over it. One, we have a signed proposal agreement from Beneficial. Two, hubby has made all of his payments on time. We have proof of that from CCCS as well. This is a different lawyer on the court papers than the collection letter that we received. I'm going to see if CCCS sent a dv letter to the original or if we need to. I have a personal loan with Beneficial but I have that all caught up now. I'm still not getting regular statements but they just cashed this month's payment. I hate this company.


lrhall41

Submitted by Cow & Chicken on Fri, 02/16/2007 - 11:13

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I'm sending a dv letter on my husband's behalf to the lawyer's office. I was wrong, it is the same lawyer's office who sent notice a couple of weeks ago. CCCS also sent a dv letter last week to them. I don't know anything further on that. I wasn't able to talk to hubby long. I'm a little peeved that he was served withing two weeks of receiving the first collection letter. I checked their record with the BBB and guess what? They have an unsatisisfactory record. It really doesn't surprise me. Now I am wondering how we should respond to the courts. Send a copy of the proposal letter signed by them through CCCS along with proof of payments made?


lrhall41

Submitted by Cow & Chicken on Mon, 02/19/2007 - 17:13

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Mishele ,
If lawyer wants to go to court,bring all your agreements and receipts.Judge needs to be informed that they entered into a written contract when they agreed to cccs proposal. In the meantime,be the angry loud consumer and complain to any and all agencies that have even a remote interest ot tie in to the creditor. :mrgreen: :mrgreen:


lrhall41

Submitted by cajunbulldog on Tue, 02/20/2007 - 05:14

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Cajun,

You're a smart cookie so let me ask you this. I sent a dv letter to the dumbo lawyer firm. So has CCCS. On the papers we were served, there is not court date. It says we have twenty-eight days to respond to the lawyer and to the court. Should I just write a letter to both stating hubby is with CCCS with a copy of the signed proposal letter and payments made?


lrhall41

Submitted by Cow & Chicken on Wed, 02/21/2007 - 16:15

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