I was with legal helpers debt resolution since 2010 — I was originally with Financial Solution Legal Services — they turned my account over to LHDR – they have not settled the 4 accounts I had with them 3 Discover accounts and 1 CHASE The CHASE account has been sold to Palisades and it is listed on my credit report twice — once as chase and once as palisades. I requested a refund from LHDR since they have not settled any accounts they charged me 15% upfront fees and $500 retainer fee. That’s about $4000. They are being sued by someone in west va., washington, and attorney general of chicago illinois for upfront fees and fraud — saying debt is handled by attorney’s — but it is not. its handled by people that just call the debt collectors and try to negotiate – they have no experience in negotatiions. One of the DISCOVER accounts is taking me to court. Is there anything i can do or any defense I can use in court — I’m trying to get verification and validation with a statement from DISCOVER — because the firm suing me is farrell and seldin who has a reputation of suing the wrong people, faking law suits, and charging more than the debt. The judge grants all the plaintiffs motions and denies my motions. I never did receive verification and validation from the original creditor back in 2009 when I requested it. I also requested from Farrell and Selding when they first sent me a summons, but had not filed.
can i ask the courts to dismiss or postpone this case since they are in violation of FDCPA — not providing me verification and validation of debt.
I was with Financial Solutions Legal Center – then they transferred my debt to Legal Helpers Debt Resolution – . FSLC had my accounts for 16 months and did not settle any accounts. They transferred it to LHDR – who have been sued in illinois and now in Washington state. One of my accounts is going to court – hearing on Nov. 29. Discover will only settle at 80% of original debt _30% of late and over limit fees and high interest rates.
How can I get my fees back from LHDR – who have basically done nothing. They are claiming attorney fees for looking at my paperwork and determining if i am in the right plan, telephone calls trying to negotiate debt, writing letters notifying creditors that I have been transferred to them. I have paid about $3900 in fees.
Do you have any sugestions for court Its a discover acct. that got transferred to zwicker and zwicker who have hired a local law firm Farrell and seldin. All they plan to provide is affidavit from discover accounting firm — not employees of discover — and a telephone witness day of trial to validate the debt amount and contract and my default payment. judge has denied my motions to strike affidavit and get verification of qualifications of affidavit person and telephone witness.
You sent me two questions about the same issue so I’ve combined them above.
You’ve raised a couple of diverse issues. The first is regarding your defense in your case in which you are being sued for non-payment by one of your creditors. Really only a local attorney that is licensed in your state can answer that. You could look for an attorney through the NACA.net website.
When you enroll in a debt relief program using a third-party service it does not negate your obligation to make at least the minimum required contractual payment on your debt. While a third-party may try to assist you in coming to some negotiated resolution, failure to make the payment may or can trigger the creditor to avail themselves of the remedies under the terms of the agreement you had with them. Those remedies can include suing you.
The only debt relief solution that I am aware of that does prevent the creditor from either collecting or suing is bankruptcy. Once you file bankruptcy, collection efforts must cease and the creditor can’t sue to collect debt approved for discharge under the bankruptcy. You can click here to find a local bankruptcy attorney and schedule a free consultation with them to discuss if bankruptcy would be right for you.
Regarding your desire to get your money back, that would have to be negotiated between you and the debt relief provider. You can follow my guide on how to try to get your money back in your efforts to get the money back you’ve paid but feel the company has not earned.
Please post your responses and follow-up messages to me on this in the comments section below.