HEIDI
New Member
Cash: $ 0.80
Posts: 4
Joined: 18 Aug 2010
Location: FORT WORTH TEXAS
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| DEBT SETTLEMENT ISSUE |
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I am very embarrassed and angry at my situation. I am hoping that someone can give me advice.
I signed with a debt settlement company in June 2008; they filed bankruptcy in May 2010 after settling only one of my debts. I have since settled the other ON MY OWN, which I wish I had done in the first place, but they scare you into thinking you will be hounded and harassed without their assistance.
I paid them $4500 and feel that they owe me at least $4100. They filed Chapter 7 bankruptcy here in Texas; but have reopened already- same office, same players! Under a different name- but based in Delaware.
I filed a complaint with the Texas AG and also filed as a claimant on the bankruptcy case.
My question: what other recourse do I have? I have been tenacious about contacting them daily but the "boss" won't call me back.
I sure would like to use that money to pay off my last credit card and restore my (formerly) platinum credit. [/b]
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Wed Aug 18, 2010 12:39 am |
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iwillguide
Preferred Member
Cash: $ 33.00
Posts: 164
Joined: 09 Jun 2009
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just find any local higher authority to settle this issue.
payday loan sites | real payday loans
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Wed Aug 18, 2010 11:34 am |
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HEIDI
New Member
Cash: $ 0.80
Posts: 4
Joined: 18 Aug 2010
Location: FORT WORTH TEXAS
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who else can I contact?
HMS
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Wed Aug 18, 2010 4:31 pm |
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coaster
Senior Advisor
Cash: $ 1357.80
Posts: 6686
Joined: 11 Oct 2005
Location: Wisconsin
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You might be able to recover some of what they didn't settle by filing in small claims court; the basis of your suit being material misrepresentation on their part on their ability to settle and clear your credit; on the basis of a fraudulent bankruptcy filing; on the basis of breach of contract; and on the basis of failure to perform a fiduciary duty. There may be others. Bringing a successful small claims suit will require some research and preparation on your part, but if you do your due diligence, I think you can prevail.
PS, you don't have to file in Delaware. If they have a "presence" in Texas you can file right there. Something like a local phone number or an ad in the yellow pages will do. They don't even need to have a Texas office. Just some indication that they're doing business and soliciting business in Texas.
Filing as a claimant in the bankruptcy case is fine, too, but the legal fees will eat up anything you might get. You might need to withdraw the bankruptcy claim if you pursue the small claim; I'm not sure about that.
~Tim~
Eye Candy : Why Whimsy
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Wed Aug 18, 2010 9:55 pm |
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HEIDI
New Member
Cash: $ 0.80
Posts: 4
Joined: 18 Aug 2010
Location: FORT WORTH TEXAS
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| DEBT SETTLEMENT ISSUE |
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Hmmmm. I figure my friend the lawyer will file for a nice steak dinner. I am just gabberflasted that they get away with this. I did file an AG complaint, and as a claimant to the Chapter 7 bankruptcy. The BBB is inundated with complaints against them so I won't add to that file.
I'll keep everyone posted- anyone involved with Bella/Mt View financial can
reply to this forum.
HMS
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Thu Aug 19, 2010 12:12 am |
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rotiemirror0
First Time Poster
Cash: $ 0.20
Posts: 1
Joined: 19 Aug 2010
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I wanted to thank you for this great read!! I definitely enjoying every little bit of it I have you bookmarked to check out new stuff you post
debt settlement service
debt settlement strategy
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Thu Aug 19, 2010 2:13 am |
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HEIDI
New Member
Cash: $ 0.80
Posts: 4
Joined: 18 Aug 2010
Location: FORT WORTH TEXAS
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http://getoutofdebt.org/20049/texas-attorney-general-office-speaks-up-to-ftc-to-please-ban-advance-fees
Check this out- he has some good info on these debt settlement scams...
I don't know this person and am not promoting his website; just found this in my research and found it interesting.
He says small claims will be fruitless but I can still pester the crap out of them, which is making me feel better anyway 
HMS
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Thu Aug 19, 2010 8:28 pm |
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teal1066
Contributing Member
Cash: $ 5.40
Posts: 26
Joined: 23 Aug 2010
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Just take advice from a experienced person..
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Mon Aug 23, 2010 2:12 pm |
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