• Report: #809620

Complaint Review: Telcoe Federal Credit Union

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  • Submitted: Wednesday, December 14, 2011
  • Last Posting: Sunday, December 18, 2011
  • Reported By: anonymous — anywhere Arkansas United States of America
Telcoe Federal Credit Union
820 Louisiana, P.O. box 34200 Little Rock Arkansas 72203 United States of America

Telcoe Federal Credit Union second judge is ordering me to pay Telcoe's attorney fee's when the original judge of previous case did not order me to pay Telcoe's attorney fee's during a bankruptcy case Little Rock, Arkansas

*UPDATE by author: You don't say


4Author 5Consumer 0Employee/Owner

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I filed bankruptcy a year ago and one of the creditor's demanded that I pay them back and I reaffirmed the dept by signing a new reaffirmation agreement which has to be approved by the court during bankruptcy to make sure you are able to afford the dept since the reason you are in bankruptcy is  because you cannot afford to pay the dept.  With that being stated, I acted as my own PRO SE (attorney) and now that my bankruptcy is over, which means its be discharged.  I have been paying the dept to the demanding creditor on time and as agreed upon.  One of the debts has been paid off and the creditor is refusing to release a car title, to which is one of the debt that is paid in full.  I realized from checking an account that I had at Telcoe Federal Credit Union, they had posted an amount for fee's totaling $2700.00 to $2940.00.  I called Telcoe and asked them why is this amount posted to my account and the CEO stated that i owe her attorney fee's and i stated to her, "No i do not" because you hired that attorney so you pay him and the bankruptcy court judge did not order me to pay your fee's.  I took Telcoe to a small claims court in which that court moved it to a Civil Division because Telcoe retained an attorney to represent them, which that is understandable.  I file suit to gain my car title. The lawyer Telcoe hired (Mr. Frederick Wetzel, III) was the same lawyer that represented my bankruptcy case as the trustee and the second lawyer (Mr. James F. Dowden) that came as a witness on their behalf was the main attorney that represented Telcoe in their bankruptcy case.  In the new court i asked the judge to recuse the trustee attorney because of "Conflict of Interest" and the Judge denied my request.  Now this judge is ordering me to pay their attorney fee's, in which i believe is totally wrong because this judge should not be able to undue a closed bankruptcy case.  This Judge is not an experience bankruptcy judge.  I feel my civil rights has been violated and breech of contract and prejudice.  I will appeal this decision.  This is like double jeopardy.  The two lawyer's and judge is ripping me off by forcing me to pay their attorney's fee and Telcoe is still holding my car title to a car that i have paid off.  The new agreements take place of the original agreements in which no attorney fee's where added nor discussed in these new agreements.  I feel Telcoe should pay their own attorney fee's or acted as their own PRO SE as i did if they could not afford to pay for one. 

This report was posted on Ripoff Report on 12/14/2011 8:43:50 PM and is a permanent record located here: http://www.ripoffreport.com/court-judges/telcoe-federal-credi/telcoe-federal-credit-union-s-50998.htm. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
4Author 5Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Here's the problem.

AUTHOR: Flynrider - Phoenix (USA)

SUBMITTED: Thursday, December 15, 2011

   When you act as your own attorney, you get what you pay for.    By acting as your own attorney, you left yourself wide open for this to happen.   This has nothing to do with double jeopardy.  It has everything to do with the credit union's lawyer knowing what he is doing, and you not having a clue.  You attempted to go head to head with a professional that knows all of the ins and outs of a complex system that you don't understand.  You really didn't stand a chance from the get go.


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#2 Update By Author

Here's where its not a problem

AUTHOR: anonymous - Sherwood (United States of America)

SUBMITTED: Thursday, December 15, 2011

You can represent your self at anytime as long as you know and following the same rules.  I represented myself very well in bankruptcy court only (where i was not order to pay any attorney's fees).  I did not represent myself in this case, I was represented by an attorney this time and this was not bankruptcy court where I lost and was represent and with that being stated I asked myself i might have came out better representing myself again.  You do not have to have a piece of degree paper behind your name to make you be good at something.  I know a lot of people who do not have degrees and live way better than you and I (make you want to say, What's wrong with our picture?). 

It was Telcoe's bankruptcy lawyer who commended me on a job well done in representing myself in bankruptcy court so again you do not have to have a degree in a particular practice to learn to be good at something.  We been in this world long enough to know that the law system (no matter which one) have always been corrupted for people of color and that might not go away until the end of world.  Which is a VERY sad thing to say.  This judge was no bankruptcy judge at all and he did not have a clue but that goes to show that he did not do his homework.  We all know that lawyers can rip you off if you don't watch their moves.  Even my lawyer stated "how did Telcoe get up to that amount in fees" and that makes you want to say HUM!  "who ripped who off here" and now they want me to pay for their rip off.   If I could afford an attorney in the bankruptcy court I would have gotten one but could not afford one the reason i had to act as my own PRO SE. 
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#3 Consumer Comment

The devil is in the details.

AUTHOR: Robert - Buffalo (USA)

SUBMITTED: Friday, December 16, 2011

one of the creditor's demanded that I pay them back and I reaffirmed the dept by signing a new reaffirmation agreement which has to be approved by the court

What does the reaffirmation agreement state?  I'm willing to bet there is something in it that includes (or at least does not exclude) any legal fees associated with the reaffirmation of the debt.  At the very least, they paid an attorney to draw up and review the affirmation agreement-you would be liable for these legal fees and they would be added to the balance of the auto loan.  This is normal during bankruptcy proceedings. 

This particular debt was NOT discharged by the bankruptcy court and is valid as you know.  It is not necessary for the bankruptcy court to specifically address or order you to pay their legal fees, especially if the reaffirmation has a clause to include legal fees ( it does not have to specify an exact amount of fees.)  I cannot imaging any creditor drawing up a reaffirmation agreement that would not include legal fees as well as additional terms for accrued interest.

Auto loans are secured credit with the vehicle as collateral.  It is normal during a bankruptcy proceeding whereas the debtor is allowed 2 options; reaffirm the debt with a written agreement or return the vehicle to the creditor (repossession.)

I don't think you would have fared any better if you approached this Pro Se.  Any second year law student would have been able to avoid these fees IF your reaffirmation agreement specifically excluded "legal fees."  I've counseled folks with credit issues for almost 30 years and I have NEVER seen a reaffirmation agreement that did not include legal fees and additional interest terms.  Your agreement might be an exception, but I highly doubt it.



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#4 Consumer Comment

Of course he did.

AUTHOR: Flynrider - Phoenix (USA)

SUBMITTED: Friday, December 16, 2011

"It was Telcoe's bankruptcy lawyer who commended me on a job well done in representing myself in bankruptcy court so again you do not have to have a degree in a particular practice to learn to be good at something. "

   Of course he did.   He could see that you'd left yourself wide open for this.  You made his job easier and made him look good to his employer.   

   I couldn't agree more that you don't have to have a degree to be good at something.   Sadly, if you really were good at being an amateur attorney, you wouldn't be here, would you?   I'm sorry to say that you left a huge hole in your case and the professionals took advantage of your lack of knowledge.   This is very common with pro se litigants in civil courts and is why the court probably advised you, more than once, to retain legal counsel.   You were behind the eight ball from the beginning.

  The explanation of your attempt to have the opposing lawyer recused makes it pretty clear that you were well out of your depth.  Your reasoning why the decision went against you is flawed.   If you want to find out for sure, I suggest you dust off your amateur lawyer hat and appeal the decision.   That should make for a pretty humorous follow up post.

    


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#5 Consumer Comment

Really?

AUTHOR: Robert - Irvine (U.S.A.)

SUBMITTED: Friday, December 16, 2011

It was Telcoe's bankruptcy lawyer who commended me on a job well done in representing myself in bankruptcy court so again you do not have to have a degree in a particular practice to learn to be good at something.
- Are you really surprised why the OPPOSING Attorney said you did a good job?  That right there should have told you that you were pretty much screwed.

We been in this world long enough to know that the law system (no matter which one) have always been corrupted for people of color and that might not go away until the end of world.
-  You were outmatched at every turn, it had nothing to do with your "color".  You didn't even mention what "color" you are.  But if you are White, Black, Brown, Yellow, Red, Blue, or Plaid the result would have been the same.

This judge was no bankruptcy judge at all and he did not have a clue but that goes to show that he did not do his homework.
- Your right he probably wasn't and neither is a majority of the trustees that handle Bankruptcies.  But they are people who are very knowlegable in Bankruptcy law.  Whether you want to believe this or not they probably did more research and "homework" on your case than you did.

You may have had a valid complaint against the attorney who represented you in your Bankruptcy if they didn't either make it clear that the Attorney Fees were not to be included or that they told you that they were so you were not surprised.  The problem is that you decided to represent yourself, so if you want to complain well go look in the mirror.


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#6 Update By Author

Satan's childrens speaks hot air when Gods child of color tells the true

AUTHOR: anonymous - Sherwood (United States of America)

SUBMITTED: Sunday, December 18, 2011

You are right the "devil is in the details" of all ripoffs like Judges, lawyers and banks.  The reaffirmation agreements states in part under Part A, (b) "All fees and costs accrued as of the date of this disclosure statement, related to the amount of debt , (C) The total amount you have agreed to reaffirm(debt and fees and cost)"  with that being in the agreements that means Telcoe received all including their attorneys fees right there and their Lawyer's should have seen that but they could not have been that smart but what they thought was they were dealing with a fool but come to find out they were dealing with another smart OBAMA and I know that is what hurts them to the core of their skins.  It ALWAYS have to do with the COLOR of your skin in AMERICA. If you were smart you should be able to read the lines know exactly what color I am.  I know what color you are and don't have to ask you.  It was Telcoe and their lawyer who drew up the agreements but did not mention to the Judge that they draw up the agreements wrong twice and they had to be redone. How smart is that and I have that proof but was not able to bring that to court in time and my lawyer was notified of that.  You right agreements says fees, cost and interest set forth within this agreement so TELCOE is getting all fees, costs, and interest when I make all payments so now what the Judge has order is robbing me of what do not belong to them.  Any way I prayed on this and GOD says "Vengeance is his and he will repay" and direct me to leave the devil children's to him. 

REALLY?  Here's for you.  Get a life because I have one.  Take your own advice and look at yourself in the mirror and I bet you won't like what you know of yourself.  If I DIE today, I will BE OK because i Live in this HELL of a racial world so I do not plan on going down with Satan's children's.

You all have a MERRY XMAS because Telcoe, the Judge and their Lawyers took mines from my children's. 
 
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#7 Consumer Comment

What a great way to improve your life condition...

AUTHOR: Ken - (USA)

SUBMITTED: Sunday, December 18, 2011

blame everything on racism and not your own stupidity.  Your reasoning in this is that someone of a different "color" would have been treated, better, more fair, butt kissed, etc.  But YOU were the "wrong color" and were discriminated against....right?

Must be nice to have such self pity and place your shortcomings on others with the old and worn race card.
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#8 Update By Author

You don't say

AUTHOR: anonymous - Sherwood (United States of America)

SUBMITTED: Sunday, December 18, 2011

I am a close friend of the author and when I saw your comment on their PC I said NO he or she did not fix their mouth or brain to say the Old race card.  Get out of here, the way our president of the united states is being treated for the COLOR OF HIS SKIN.  You need to look in the mirror and rethink the statement you made about Color.  One more thing, do not over look what they stated about what God says in his word because his word is true and maybe you need to stop having self pity for yourself and start during RIGHT by people of color.  
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