Another day, another debt relief company falls into the trap known as Connecticut.
This time the unlucky recipients are James F. Baker, Independent Rescore Systems, Deleting Your Debts Company, Deleting Your Debts, Intake Application Center, and Intake Applications.
Here is what the State has to say.
1. Rescore was a Nevada corporation from August 11, 2006 to September 1, 2012, with an address of 13700 Alton Avenue, Suite 154-260, Irvine, California. DYD was a California corporation from August 3, 2006 to December 3, 2012, with an address of 2960 Champion Way, Irvine, California. Intake is a California corporation that was incorporated on March 16, 2011, with an address of 22641 Lake Forest Drive, Suite B5233, Lake Forest, California. At all times relevant hereto, Barker has been the President, sole officer and account signatory of Rescore, DYD and Intake.
2. In response to a television advertisement, on or about March 1, 2011, a Connecticut resident engaged Respondents to obtain a mortgage loan modification of her residential property in Connecticut. In furtherance of such arrangement, the Connecticut resident completed an authorization to debit her bank account and, from March 1 to July 2, 2011, her account was debited the sum of $3,930 as follows: $1,610 by Rescore, $1,610 by DYD, and a total of $710 by Intake. Such fees are in excess of the fees allowed by the Schedule of Maximum Fees established by the Commissioner on or about October 1, 2009 (“Schedule of Maximum Fees”). The Schedule of Maximum Fees states in pertinent part that, “[a] debt negotiator of secured debt, including Short Sales and Foreclosure Rescue Services, may impose a fee upon the mortgagor or debtor for performing debt negotiation services not to exceed five hundred dollars ($500). Such fee shall only be collectable upon the successful completion of all services stated in the debt negotiation service contract”.
3. By letter dated April 3, 2012, the Connecticut resident complained to the Connecticut Attorney General’s Office that Respondents had failed to perform the loan modification services for which she paid.
4. On or about August 13, 2012, the Connecticut resident and Intake entered into a Release Agreement, which stated, in pertinent part, that the Connecticut resident “retained . . . [Intake] to assist her in negotiating and securing a modification of the terms of . . . [the Connecticut resident’s] existing real property mortgage loan. . . . Upon receipt of a fully executed copy of this Release Agreement, . . . [Intake] agrees to pay the sum of $3,930.00 to . . . [the Connecticut resident]”. To date, the sum of $3,930.00 (or any portion thereof) has not been paid to the Connecticut resident.
5. At no time relevant hereto have Respondents been licensed to engage or offer to engage in debt negotiation in this state, nor do Respondents qualify for an exemption from such licensure.
The State expects the companies to “repay the Connecticut resident identified in Exhibit A, and any other Connecticut resident who has entered into an agreement for debt negotiation services on and after October 1, 2009, any fees paid by such Connecticut resident to James F. Barker, Independent Rescore Systems, Inc., Deleting Your Debts Company, Inc. a/k/a Deleting Your Debts, Inc. or Intake Application Center, Inc. a/k/a Intake Application, Inc., plus interest. Payments shall be made by cashier’s check, certified check or money order.” – Source
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