Let me start out by saying...Why can't there be a class action? Why can't there be a group of attorney's that are willing to fight for the consumer?
Here's my angle on this:
My parents did a "buy-for" after I divorced and filed bk. I put the down payment on the home, but the contract does NOT have my name on it anywhere. The single wide mobile home was dropped on pavement when being placed. We tried to get the selling company to replace it, and not set it up, but they refused. I have lived here now, 7.5 years, paying GT the house note ($257.01) + insurance every month on time.
Now, I am beginning to see the damaged caused by dropping it on the pavement. I have to do some major reconstructing work from the tongue of the home to the center. This place is a 16 X 80.
Last year, in March, my parents told me they filed Bk themselves. And had told me to stop making payments until it goes to the BK judge. I did. For 3 months. When hurricane Katrina hit, GT was very nice, even calling me from their "personal cell phone", outside the office. Then in September, they told me that it was ok for me to stay in the home, that they were not going to come take it, and that they really don't want it. Also, that they were going to "re-start" my payments, so it would not look like I was behind.
Let me tell you. I had never received a bill, it went to my parents house. I called GT and asked them how much did I need to pay and I would pay over the phone, authorizing them to debit my account. At the beginning of every year, I get 2 months free of insurance. When I called to see how much the housenote went up this year, they told me "to $350.11". I paid that amount for a few payments until I questioned the bill. I was told the figures $257.01 and $93.10(in a round about manner).
I hung up the phone thinking my home insurance had gone way up. Then I called back to question it again, informing them that I knew it was not because of insurance! They said "You are paying, $257.01 housenote, $70.10 on insurance, and $138.00 in legal fees. I said, "Whose legal fees?" She gave the name of the persons whom signed the contract.
Well, I said,..I didn't sign any papers, why am I responsible? She stated it didn't matter who was in the home, someone will have to pay the legal fees.
Since this time, I have written my checks for: house note + insurance ONLY. They have since mailed me a bill and again put $23.00 to legal fees that are not mine to pay.
They had started calling my work repeatedly, (harassement) until I had enough and told them to stop. But, they continuely call my cell phone, (harassement) and I have sent them a letter asking them to stop, I have also sent this letter certified return receipt. They were asking me to pay $350.11...but, had never told me what I am paying for.(deception). At one point, my daughter answered the phone one evening, and the guy on the phone said some really ugly words thinking he had me on the phone.
Soon after, I had a call at home from a woman, starting off nice, but, she asked how much did I put in the mail..I told her $200.00 but, she still wanted a check over the phone. I did a $200.00 check over the phone with the promise that she would send my other check back. It never came back.
These people are ruthless connivers that deceive the public and get away with it. I am not on any contract, Why should I be treated this way? Why make me pay for someone else's legal fees and not tell me?
I think they need to go back and read the Fair Debt Collection Act. Which was designed to protect the consumer from overzealous activities of some debt collections and the tactics they employ. It also states, "You must receive a written explanation of your supposed debt and what to do if you feel you do not owe the money." It will also inform them of debt collection practices are prohibited.