Ok this all started when our loan was purchased by this compnay in Feb 07. I sent Feb's payment to the previous company since it was before the cutoff of 8 Feb. Low and behold, the payment is returned and not forwarded as it was stated it would be. The payment was post marked from Salt Lake and not where we originally had the payment sent.
I send everything by bill pay and Wells Fargo was able to tell me why it was returned. They said what the company had done was opened the envelope and replaced it with a company one. They asked me if I knew SPS, INC because that was on the envelope. I told them I thought that was the new loan company and that the payment had been sent to the old one.
At that time, Wells Fargo thought it could have been just a error on their part. Two days later, we receive a phone call from an extreemly rude person stating that we're late on our mortgage and that we better pay up immediately. I was not home at the time and my husband did a check by phone with them.
The next month, I had already changed bill pay to the new address in Utah for the payment and it was sent out fine. I started getting harrassing phone calls 7-20 times a day on 3 March. They kept saying that I never sent the payment out and that I was trying to defraud their company. I kept giving them all the information that I had from my bill pay and at one point I talked to a supervisor who said that I'd have to "cough up the cash or loose the house immediately".
Now I know that is illegal because I have 60 days before any adverse actions can be taken once it has been changed to the new company. IE loan is sold by company A to company B on the 3rd of the month (due date is 1st of month), in this scenario the consumer has almost 90 days sice the loan was sold after the payment.
At the end of March, 33 days from the date the payment was originally sent out, Wells Fargo receives it back. I asked is this normal if it was undeliverable (thinking I have a wrong address or PO Box), they told me if that was the case it would have been marked as undeliverable instead of "Return To Sender" which was done by the owner of the PO Box.
I double checked all the information from my statement, SPS's website, and even called them to see the proper address. The answer I got from my call was "Well it's on your statement, that's YOUR problem" and I replied "It's actually your problem because I have proof it is going to the proper address and being marked RTS so that means someone at your company or the company as a whole is refusing payments for the loans they carry, which is illegal".
The woman got flustered and started stating that it's not their fault a payment is ever returned and made excuses such as no account number, couldn't find an account associated with the check, etc. I had sent a check to myself of 1.00 from my bill pay to see how it comes in the mail and it states the account number, the individual who sent the check, their address, and the bank's contact information.
They had more than enough to go by since when you call them, all they ask for is the address of the property (which was on the check). The last part was I sent a Cease and Desist fax to Tabetha Powell, suposidly a supervisor at SPS in March 07.
I sent three payments for April since, again, one was returned with it marked RTS. I called them again and told them if they weren't going to accept the payment then I would be reporting them to all authorities and credit Bureaus if they report to any of the Bureaus that I am failing to pay my debt. This actaully got a reaction I think more because I could prove this action.
Now I didn't have any problems for May but again this month, Jun 07, they are back harrassingly calling me (after the cease and desist letter that showed it was received on 20 March on the fax) and stating the check hasn't arrived even when I know it has.
If it comes back this time I'm reporting it to my Att. General, all the credit Bureaus (since I got a notice saying that they added a negative mark which they swear up and down they didnt that says 30 days past due and it's been reported for 3 months), my state and national congressmen and sentators, and the Better Business Bureau. I'm tired of receiving phone calls upwards of 10-20 a day for a payment that was sent and should have already been received by the company.
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