• Report: #280568

Complaint Review: Midland Credit Management (Aspire Visa) & Love, Beal & Nixon OKC, OK

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  • Submitted: Wed, October 24, 2007
  • Updated: Wed, October 31, 2007

  • Reported By:norman Oklahoma
Midland Credit Management (Aspire Visa) & Love, Beal & Nixon OKC, OK
8875 Aero Drive Suite 200 San Deigo, California U.S.A.

Midland Credit Management (Aspire Visa) & Love, Beal & Nixon OKC, OK Lawsuit for Racked up Bogus charges - Help San Diego California

*Consumer Comment: re

*Author of original report: Help? Does anyone know how to file a response for court?

*Author of original report: Thanks for the help!

*Consumer Suggestion: Consumer Suggestion

*Consumer Comment: RE:

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I am being sued by Midland Credit (Aspire visa) and attornies are Love,Beal and Nixon out of OKC.

Facts of case:

1) Got card
2) Did NOT get first bill - so called into pay.
3) Paid $89.00 I believe for first payment.
4) Received bill almost 45 days later - with a TON of fees that i was not aware of and that were NOT in the contract. Example: Fees per "month" of NOTE: They do not bill on a 30 days cycle - it is a 23! So when i payed my bill the first time - they already racked up $50.00 late fee and $50.00 overage.
5) I called to make arragements. They said if i paid my minimum payment - they would stop overages and late fees.
6) Next bill - more fees!
7) Called AGAIN - reminded them of arrangements- they AGAIN took my payment over the phone (OH YES THEY CHARGED ME TO PAY THEM OVER THE PHONE)
8) MORE late fees and overages!! WHY? Because they said that my payments are processed until 5-7 days later!!
9) What the? I called and paid them!!! you guess it- more late fees, more overages.
10) I give up - can't pay them this much - already paid them 2 times what i spent.
11) You guessed - Love, Beal, and Nixon suing me for the callers out of India for over $1,000.00 and attorney's fees.


Any Advice?

Holly
norman, Oklahoma
U.S.A.

This report was posted on Ripoff Report on 10/24/2007 09:04 AM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Credit-Management-Aspire-Visa-Love-Beal-Nixon-OKC-OK/San-Deigo-California-92132/Midland-Credit-Management-Aspire-Visa-Love-Beal-Nixon-OKC-OK-Lawsuit-for-Racked-up-280568. 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:
0Author 5Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

re

AUTHOR: John - (U.S.A.)

Holly....in the interim, contact the court and file for a Motion for Continuance, this is a fancy term for postponing. It may or may not work...the worst that can happen is that the court will say no. If they request a reason, simply state that you need additional time to get your materials together.

FYI: Any time you refer to this debt in writing, always state ALLEGED DEBT...DO NOT refer to this debt in any other way...If you do these predators might take advantage of the situation.
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#2 Author of original report

Help? Does anyone know how to file a response for court?

AUTHOR: Holly - (U.S.A.)

I don't know how to write one and my attorney didn't seem like he's in the "helping" mode right now - just got out of bad divorce and he's probably done with me.

I just need to get a response filed quickLY........ help?
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#3 Author of original report

Thanks for the help!

AUTHOR: Holly - (U.S.A.)

Thank you all :) Do you know how to do the response? Or do i need an attorney for this? Just trying to make sure i get it all done correctly.

They filed on the same day and have a record of entry.

I would LOVE to see their paperwork on this.
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#4 Consumer Suggestion

Consumer Suggestion

AUTHOR: Fighting Back - (U.S.A.)

I just beat these guys. Request documentation and go to court if they file for a judgement. I won, because I didn't pay them because they did not have sufficient evidence (except a phony excel spreadsheet of my so-called activity on the card). After talking with the attorney for Midland, he realized he wasn't dealing with an uninformed idiot and asked that the case be dismissed. The most important thing you can do is FIGHT BACK!! AND DON'T GET INTIMDATED!
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#5 Consumer Comment

RE:

AUTHOR: John - (U.S.A.)

Holly, you are dealing with three WORLD CLASS slime companies: Aspire, Midland and Love, Beal & Nixon. Aspire is nothing but a scam card created to bilk maximum late and other "creative" fees out of unsuspecting people...usually people with bad credit...In other words...people who usually don't have the resources to fight back....That is the entire business model of the predatory lenders that are cropping up these days.

There are many resources on how to deal with these people on this website. Here's a good thread:

http://www.ripoffreport.com/reports/0/191/ripoff0191776.htm

Also, I strongly recommend budhibbs.com

A few points:

#1 If you've received any court summons, DO NOT ignore it...If you fail to show up, they'll get a default judgment against you.

#2: Do not acknowledge this debt in any form...especially in written form.

#3: DO NOT GIVE ANYONE bully you into making a quick payment....DO NOT let them scare you with statements like: If you don't pay us we'll send the sheriff to have you arrested....They can't do this. Take time before you take any action

#4: NEVER EVER give a collector you bank transit and checking account info to pay online...They'll most likely raid your checking account

#5: Many of these firms engage in what is known as "sewer service" lawsuits....DELIBERATELY sending the initial court summons to an old/incorrect address where they know you won't be there to receive the initial notice....So the court date comes along and since you aren't there, they get a default judgment against you for not showing up. If they have already gotten a judgment against you...they most likely used this tactic...


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From Bud Hibbs:

This is a law firm that gives me the impression that they don't have a clue about what they are doing.

I don't have any idea what type of law this collection agency law firm practiced prior to getting into debt collections, but they may need to go back to it.

LB&N appear to me, to be severely lacking in the manner in which they approach debt collection law. Their paperwork is sloppy, shoddy, incomplete, lacking in substance and (in several cases) perjured.

Their clients include some of the most disgusting, sleazy debt collectors in America. This includes the ever-slimy World Wide Asset Purchasing, LLC out of Atlanta, for old 'Bank of America' cases and Colorado Capital Investments, Inc. out of Hurst, TX.

Love, Beal & Nixon need a refresher course on the Fair Debt Collection Practices Act (FDCPA). Consumers dealing with LB&N need to realize that perhaps this law firm is NOT as smart as they would think, nor are the court papers they file, always accurate.

Legal debt collecting is NOT for anyone who has a law license and looking for easy money. There is some skill, knowledge and experienced required to become a successful litigator, an area where LB&N appears to be sorely lacking.

If you are being sued by Love, Beal and Nixon on anything associated with Bank of America and/or Worldwide Asset Purchasing, DO NOT ignore their court summons. They are hoping you will lose by default, when you may be able to show them you are smarter than they are.

Having a law license does NOT necessarily mean that you are smart. It just means that...you have a law license!
=================
another post from this site:

I am in litigation with LBN. I have read and studied for months preparing defenses etc. Two things I must pass on. LBN files 100 plus lawsuits a month in most Oklahoma counties. They are not bluffing when they tell you that they will take it to court (even for smaller amounts) and they do it very very quickly. If you do not answer the summons, they will file for judgment within days of the required 35 day answer period so default judgment is immediate. I have also seen a summary judgment based on a defendant NOT answering the admissions and interrogatories. Again, they filed for summary judgment within days of the time allowed to answer. They were granted judgment because no answer is considered an admission of the debt by the defendant.

******Important**LBN wants you to ignore them. DON'T make that mistake or they will have their filthy hands in you pocket for a very long time.
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