I signed up with express debt about 1 1/2 years ago with a 2 year program. I am in Indiana and had about $18,000 worth of debt that I was asking for their help with.
I received a summons from one of the creditors at which time I contacted the lawyer for express debt, Jon Simon, and he said to send it to him and didn’t seem that concerned about it. This kind of thing makes me really nervous and I called the creditor myself and took care of paying them off so that the case would be dropped. I also called some of the other creditors, that Jon Simon was supposed to be taking care of, and found out that they hadn’t heard from him at all. So I took care of paying a few of them off as well.
Well here is where the problem comes into play. The fee from express debt is 15% of the total debt that you want them to settle. I get that and figure that this is a bit high, but I can deal with that, I knew that going in.
Ok, here is the question… I “hired” them to settle right at $18,000 worth of debt that they charged me right at $2,800 to take care of. Due to the lack of them (Jon Simon – NoteWorld – Express Debt) taking care of the creditors in a timely manor I settled $13,000 of this debt myself. In the meanwhile the fee’s that they charged were being taken out of my NoteWorld account and being paid to Express Debt.
The question: Since Express Debt only settled $5,000 of the $18,000 debt that they were supposed to, and I settled the rest myself, is there any way that I can get any of the $2,800 that they have of my for “fees” back?
I feel that they are only entitled to about $750, which would be their fee of 15% of the debt that they actually settled.
Thanks for you help.
You’ve got a legitimate issue. If you have record of contacting Express Debt Settlement and/or the appointed attorney for help and then not helping then you have a chance at potentially getting some of your money back.
Historically companies have been resistant to making refunds. But in today’s climate of debt settlement companies being sued by Attorney Generals’, the last thing a debt settlement company wants is to land on the desk of an Attorney General with yet another complaint against them.
My suggestion would be to first write a physical letter to Express Debt Settlement and ask for a refund. Send the letter certified mail, return receipt requested so you have proof of delivery. Give them a deadline by which you expect your refund. Tell them if they can’t refund your money you will file a complaint with the state Attorney General and the BBB. And if they fail to refund the money by the due date, file the complaints.
You always have the option of filing a complaint in small claims court against them.