Berkshire Financial Solutions
Sandlefoot Plaza,
Boca Raton Florida
U.S.A.
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Berkshire Financial Solutions Now in 2007, the debts been sold twice over, but who's responsible?Boca Raton Florida
2Author
1Consumer
0Employee/Owner
We sent them over 6000.00 in payments until we realized that not a dollar one made it to the creditors. They stole every penny, and closed up shop.But before this, they sold the debt to Paragon Way, a collection agency.
So, my question is this, who is responsible? We have to pay another 6000.00 to fulfill our obligation? Or since this was fraudulent to begin with, did Paragon Way purchase a fraudulent contract to collect on? What means do we have at all to defend ourselves? None. The credit world is evil.
MBNA doubled their APR's from 11% to 24.99% in a period of 3 months. Right before they sold out to Bank of America. No one finds this objectionable?
The consumer has no defense against a fraudulent consolidation company who sold the debt to another?
I paid this debt once, I will not pay it again, yet its up to US to figure some way to prove we paid, to prove that Berkshire financial solutions did not pay the creditors? The burden of proof is all on us, and we are supposed to just pay the 6grand again?
Dontbe
Houston, Texas
U.S.A.
Click Here to read other Ripoff Reports on Berkshire Financial Solutions
REBUTTALS & REPLIES:
2Author
1Consumer
0Employee/Owner
Updates & Rebuttals
#1 Consumer Suggestion
AUTHOR: Tim - Valparaiso (U.S.A.)
SUBMITTED: Friday, September 07, 2007
POSTED: Friday, September 07, 2007
I'm failing to see what is fraudulent here. But the particulars of your matter depend on information that you haven't provided.
Was Berkshire collecting on the debt for MBNA, or did they purchase the debt from MBNA?
If the former is the case, I don't think it's unusual for the collector to retain all of the funds until the whole thing is paid off. Your credit report and your account, however, should reflect the payments that have been made and show the true balance. If they don't, then you do have some legal violations.
If the latter is the case, then no money should have gone to the original creditor, as the collector already paid the creditor and is now trying to get the money out of you.
When the debt was sold/transferred, it should have been relayed that you no longer owed the $6000 portion that you already paid. If the new agency is trying to collect the full amount from you, then something is wrong.
Yes, at this point, the burden is on you, somewhat, to show that you have made payments. The first, easy step is to send a certified letter, return receipt requested, to the new collector. The letter should explain that you dispute the amount claimed, and that you have already paid $6000 towards the debt. This places a duty on the collector to investigate your dispute. If they fail to do so, or if they do so negligently, then you have a legal claim against them.
You would also be wise to file disputes with any credit reporting agency to which the debt has been reported. You can visit their individual websites to do so.
Best of luck!
#2 Update By Author
AUTHOR: Dontbe - Houston (U.S.A.)
SUBMITTED: Friday, September 07, 2007
POSTED: Friday, September 07, 2007
In response to Tim's failure to see whats fraudulent here, I suggest looking at the volumes of complaints against Berkshire Financial Solutions, and THEN, make a comment on a post regarding such. Dipplin and Dapplin, but dont know whats happenin.
