I had taken a second mortgage with Beneficial to help with improvements on my new home the loan amount was for 22,000.00 this was easy part they were quick to give me the money and smiled as I left the office. This was just after Sept 11.
I work as a federal Security officer and was working 60 and 80 hours a week things were great then we went down a level and dropped my hours below 32 a week on top of that I got hurt and was out of work for 2 months. So I was very behind on several bills.
I had no choice but to file for bankruptcy to try and save my home. The my primary lender found a way to foreclose anyway so we dismissed the bankruptcy and moved out of the property. This is were it all went south.
I was making my regular mortgage payments to beneficial and actually found a new home. While I was trying to utilize the equity in my new home for more improvements I contacted Beneficial to see what my options were. They were not even aware of the foreclosure. I informed them of what had happend and the representative stated since they were not informed about the foreclosure that I didn't owe them anything due to the negilgence of my primary lender's title copmany.
I said great and stopped paying them. Thats when the collection calls started coming and each time I told them what one of their own agents stated and they agreed and actually after talking to one of them about the money I have been paying into them since the foreclosure (about $5000.00). That they stated they would more than like have to give that back. I stated again that since that was the case that I wasn't going to pay more to them if I was more than likely going to have to fight them in court to get the money back they owed me. They agreed.'
I then was contacted by one of the "managers" and he said that the ALL of the other employees were wrong that even if they were informed of the sale. They weren't going to buy it and that I still owed them the money. I stated that with the new house payment I have and my current bill load that I couldn't afford the payment and to see if there is somthing we can do to fix it so i can pay the bill. He stated that if I made a half payment by phone they would put me on a hardship and immediately my account would be brought current and the calls would stop.
Literally, the day the payment went thru I got a call demanding the past due portion or they would garnish my wages. At which point I informed them that my job depends on a security clearance and if they garnished my wages I would lose my job. They didnt care.
This is went the rash of rude individuals started calling, they dont let you get a word in edge-wise, they make false promises, wont let you record them when they record you, and when you ask to speak to their manager they hang up.
I have even received a letter from one Miss Narita McClennon From their Foreclosure department stating that if I didnt pay $2254.00 they would foreclose on the property. Foreclose on the property??? I don't even live there anymore. I tried calling but got the run around.
That brings me to tonight and why I am posting. I just got off the phone with one of the most rudest people, a woman with an ethnic accent tring to come off as being helpful. She first asked me if I could come up with the money right now and I stated no then asked why, as I started to explain the whole situation with the "hardship restructuring of my loan" she immediatly interrupted me and stated there is no such thing as a hardship loan and that she apologizes for the mix up but I need to bring the account current now. I tried to continue but she then put me on hold that she was doing some "research" she came back on and stated that she saw where they tried to put me on a hardship but I didn't qualify. I then stated "I thought you said you guys didn't do hardships" She became immediatly insultive stating that "We can talk till Dec. 25, 2006 and it won't matter that all she was about was getting her money and since I stated I didn't have it right now she was going to send it to their attouney and in a very sarcastic tone said "that our conversation is over, have a good night". I stated that I wanted to speak to her supervisor she said "you gotta be kidding me!" she then spoke to someone next to her and then hung up on me.
This company terrorizes its customer with threatening phone calls and abusive language, this has put a real strain on my marriage and my health, I dont even want to answer the phone in my own home. I checked out the FDCPA Fair debt collections practices act. and they are in violation of several sections. I contact my states Attorney General but he was not at all willing to help. Somebody please help us!
At this point it is a unsecured loan, no property to secure it. and all i want ot do is get them off our back PLEASE HELP.
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