Member contacted our office for assistance regarding a judgment that was filed against her several years ago for an unpaid student loan. Member failed to make payments and received notification that her paycheck would be garnished. Member asked if she could offer a settlement to stop the garnishment. Our attorney set up a telephone conference with opposing counsel, and following brief settlement discussions, the National Collegiate Student Loan Trust agreed to accept a lump-sum payment of $12,000.00 to satisfy the judgment. In addition, the garnishment order was dismissed. Savings for Member, $7,140.00.
Member contacted our office for assistance in obtaining a refund of money he paid for fitness equipment purchased from a wholesaler. Member stated that he ordered the equipment from the company’s website on 9/02/2020, but did not receive the equipment until 11/02/2020. Member said the product had a 60-day return policy, but he had been unsuccessful in his attempts to get the company to send a return label for the equipment or a refund. Our attorney contacted the company via email, asserting that the 60-day return policy did not go into effect until member received the item, and demanded they issue a refund of the purchase price and send a shipping label for the return of the equipment. In response to our email, opposing party agreed to accept the return of the equipment (and absorb the freight costs) and refund member’s payment. Savings for member, $531.00 (freight) and recovery for member, $3,199.00.
Member contacted our office for assistance regarding an issue she was having with a car dealership. Member paid a down payment for a car she had selected and completed the paperwork to finance the balance. The dealership insisted member take “spot delivery” of the vehicle (taking delivery of the vehicle immediately after agreeing on a car deal but pending loan approval), only to find out her income was not sufficient to finance the remaining balance. Member returned the vehicle to the dealership but was unsuccessful in her attempt to get the down payment refunded. Our attorney wrote a letter to the dealership demanding that they refund member’s down payment, or she would pursue all available legal remedies. In response to our letter, the dealership refunded the amount demanded. Recovery for member, $3,000.00.
Member contacted our office for assistance regarding a furniture lease-purchase contract. Member purchased furniture and wanted to take advantage of the early payoff option. Prior to the due date, member contacted the store to get the early payoff amount and was told that she would need to come to the store in person to make the payment. Due to COVID 19 restrictions, the store’s limited hours and member’s work schedule, member was unable to make it to the store in person to make the payment. Member was finally able to reach someone in the finance company’s office two days later and paid the balance owed by phone. After that, member’s checking account was still debited several more times for payments and interest. The attorney wrote a letter to the furniture store’s legal department explaining the issues member had with the store’s reduced hours during the pandemic and their refusal to allow member to pay off the loan via telephone, and demanding member be refunded for the amount debited after the account was paid in full. In response to our letter, member received a refund of $503.24.
Member contacted our office with questions about options for handling his delinquent mortgage payments. Member owns a commercial building that he rents to a church that is unable to pay rent due to COVID-19. He is currently behind on his mortgage payments and had questions about getting a deferment during the pandemic. The attorney advised member that if he has an FHA/HUD-backed loan, the lender cannot foreclose on the property until after February 28, 2021. The attorney also advised member that he has the right to contact his loan servicer to request and obtain a forbearance for up to 180 days and suggested he do that immediately so that he does not lose that right before the deadline. Resource provided: www.hud.gov
Member stated that when she checked the status of her second stimulus check, it showed that her payment had been sent to the on-line tax preparer and rejected. Member wanted to know what would happen with her stimulus payment. The attorney advised member that by law the money must be returned to the Internal Revenue Service (IRS), which will normally issue a paper check to the recipient; however, the on-line tax preparation company released a statement that they have worked with the Treasury Department and IRS to correct the issue and checks should be deposited into bank accounts by the end of January. Resource provided: www.turbotax.intuit.com