On 09/08 my husband and myself signed and faxed back to Superior Debt Services a contract for this company to act as our agent in negotiating payment settlement for our outstanding debts. The contract was for settlement of $26,171.63 in debts. Payments by us in the amount of $398.22 were to begin 09/23 and monthly thereafter for a term of 36 months and upon completion of the program they would take the appropriate steps to update our credit report to show settlement of the accounts.
The only contact I have received from their agent Melissa Smith is when I have faxed to her correspondence from a creditor, call logs, legal actions or sent her e-mails. I have repeatedly requested an update on our account to no avail. There have been 2 lawsuits filed against us resulting in garnishment of our state income tax refunds as those accounts had had no contact from SDS.in corresponding with Ms. Smith regarding these actions her response is always that we never received any of the faxes, but I have copies from my fax console showing successful transmission of all correspondence faxed to her with the date and times faxed, and all emails I have sent to her, and her responses.
On 02/27/09 I sent her an email advising of the most recent garnishment and the name of the attorney for the account. Again she states they never received the faxed copies. On 03/03/09 I sent an email to her requesting an update of our account and re-faxed all documents concerning the account with the most recent garnishment action against us.
Ms. Smith responded by email on 03/03/09 thanking me for the faxed copies any my email. She sent in this email the status of accounts with them showing which accounts were still pending and which accounts had been settled.
As of 3/3/09 they have only settled $7,484.98 of our accounts! WE have paid them $12,231.42 in payments thru 02/23/09 of which deductions of the following consist of $2,440.63 in their fees, $235.50 in bank maintenance fees totaling $10,161.11. As of our last bank statement received by their bank, Rocky Mountain Bank & Trust we have a balance of $542.05 in our account. There is a discrepancy of approximately $1528.26 unaccounted for. A request for clarification of our funds was emailed to Ms. Smith today.
Our last payment to this company is 08/23/09 which amounts to $398.22 x 6 months=$2,389.32; together with the bank balance on hand equals $2,931.37.
According to the email of account balances Ms. Smith sent to me on 03/03/09 there is still a balance owing our creditors of $22,605.87.
This company has not negotiated in good faith on our behalf and after deduction of monies available when our last payment is made to them on 08/23/09 we will still owe $19,674.50 of the original $26,171.63 they were to pay off for us. This will force us in to Chapter 13 bankruptcy to pay back monies that we had previously contracted to have paid off for us; balances which are now much greater than the amounts originally turned over to them for settlement.
This company needs to be investigated and their business license revoked as they are not providing the services as agreed to in the contract.
0 comments