- Report: #52747
Report - Rebuttal - Arbitrate
Complaint Review: Washington Mutual Aka Homeside Lending
Washington Mutual Aka Homeside Lending9601 McAllister Frwy., San Antonio, TX 78246 San Antonio, Texas U.S.A.
Washington Mutual Aka Homeside Lending ripoff They can't count to 65 so I got sent to collections! San Antonio Texas
Im writing this letter to get confirmation that Washington Mutual has taken me off of my Special Forbearance that I have been on since 03/08/2002.
On 03/21/2003 I received a letter dated 03/17/2003 stating that my account was in collection for the total amount of $8154.36. The same letter also stated that If these payments and any additional payment that may become due are not received by March 29, 2003 you could lose your home.
Immediately I called the 1-888-743-7747 number listed on the same letter and spoke with someone in collections who told me that I should disregard the letter because my account was fine, she said that unfortunately the same letter was sent out to everyone whose account reflected past due payments.
I called the collections department a second time to speak with someone else to make sure I received the same information and indeed I did receive the same reply. To cover all bases I contacted the Loss Mitigation Department and I was given the same reply again. At that point I was under the assumption that everything was ok.
On 04/09/2003 I received a call from a woman at the Collections Department. The woman told me that my account had been taken out of Loss Mitigation and moved over to collections. She continued to explain to me that I had two options: to pay all $8154.36 or submit for a payment plan with the Collections Department and if accepted, at least $5000.00 would be needed up front.
I was told that no partial payments would be accepted and not to attempt to make any of my scheduled payments because the payments would be returned. I explained to her that I was already in a Special Forbearance with the Loss Mitigation Department since 03/2002 and had stayed within the terms of the agreement.
She stated that I would need to speak with someone within the Lost Mitigation Department regarding that issue and my contact extension is x2045 and she said she would transfer me over to that department, unfortunately when she attempted to transfer me she disconnected me.
After that my attempts to get through to the Loss Mitigation was unsuccessful due to high call volume, although I was able to leave a message on x2045 to call me regarding the issue. Even though I believed that this was just an error, I still completely filled out the Monthly Income and Expense form that accompanied the 03/17/2003 letter and faxed it on 04/09/2003 to fax #904-732-8380 also I mailed to WASHINGTON MUTUAL P.O. BOX 1093 NORTHRIDGE, CA 91328-1093 to cover every scenario.
On 04/10/2004 the individual at X2045 called me back right away that morning. She was really nice and ready to provide me with any and all the help within her ability and I thank her for that. Unfortunately the information that I received was that I was no longer in Loss Mitigation because I had broke the terms of the agreement. I explained to her that the terms of the agreement are as follows:
1. Payment should be submitted by the 1st of each month.
2. Do not skip payments.
3. If a payment is skipped, 2 payments must be submitted at the same time the following month missed.
4. If no payment is received in a 65 day period, Your plan will be broken.
5. Never send less than the amount indicated on the agreement.
I explained to her that my understanding of the agreement was that I had 65 days from the date that my first payment was late to send in double payments and that I was prepared to send in my double payments before that time elapsed.
She explained to me that the clock started at 30 days on the first day I was late. She went on to explain to me that what I thought was day 35 was day 65 for Washington Mutual. As a result I was taken out of Loss Mitigation and sent over for immediate collections.
The letter dated March 17, 2003 stated that I was in collection for the full amount of $8154.36 and even though I took that to mean that I was 17 days past due, I was still only 47 days past due given your definition but I was already taken of off the Special forbearance.
My question to you is, "Why was I removed from the Special Forbearance at 47 days past due if we use the recent 65 day definition?"
March 1st payment due
March 17th letter mailed to me telling me Im in collections for the full $8154.36
Thats only 17 days after the 1st and 47 days with the way it was explained to me on 04/10/03. I have enclosed copies of my Western Unions that shows that on 08/23/2002 I wired in a double payment of $3397.64 (July and August payment) received 53 days after July 1st but by the definition I was recently given it was 83 day late.
On 10/31/2002 I paid Western Union in a double payment of $3400.00 (September and October payment) received 61 days after September 1st but by the definition I was given it was 91 days late.
It appears that Washington Mutual and myself original perceived 65 days to mean the same thing otherwise I would have been taken off of the Special Forbearance back on August 5, 2002 or on October 5, 2002.
I never received anything via phone call or by mail stating that the terms of the agreement had changed. But, Im being told by phone and by letter that even though I was only 17 days past due and had not reached the 65 day mark that I was taken off of the plan.
I took the agreement to mean as it was written and as my Western Unions reflect, Washington Mutual did to.
I hope my letter isnt taken the wrong way but given this information I believe my Special Forbearance should be started back up again. It may have been an error on my part but by the way the agreement rules are stated and the actions of Washington Mutual accepting my double payments not once but twice help to confirm my understanding of the agreement.
On the day Im typing this letter by my calculations Im only on day 42 and Ive been told by Washington Mutual not to send in any payments less that the full $8154.36 and any additional payment that may become due. Even though I would have $3400.00 (double payment) in before the end of this month.
I would like to receive a letter from Washington Mutual confirming that I was taken off of my Special Forbearance on or before 3/17/2003 and that my double payment of $3400.00 would not be accepted unless it is for the total amount of $8154.36 and any additional payment that may become due.
Im also mailing this letter certified to Washington Mutual
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This report was posted on Ripoff Report on 04/13/2003 08:43 PM and is a permanent record located here: http://www.ripoffreport.com/r/Washington-Mutual-Aka-Homeside-Lending/San-Antonio-Texas-78246/Washington-Mutual-Aka-Homeside-Lending-ripoff-They-cant-count-to-65-so-I-got-sent-to-coll-52747. 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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