Complaint Review: Beneficial California

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I was sued by Beneficial in October 2008. What they did was send me a check for 7,000.00 on January 2007. I accepted the loan to help pay taxes. I was paying the loan back. Chasing an evasive, predatory loan. Then they closed the local office and I went on line January 2008 to pay my monthly. They partnered with some check by mail crooks that charged me $15.00 for a transaction.

The amount I was responsible for and that was listed on the check was $8,000.00. When they sued me they filed in Superior Court to get a judgment against me for over $8,000 ( penalties and interest added )

The difference between the seven thousand and eight thousand was unavailable to me. They retained this $1000.00 so they could add interest and misc. fees.

I called them when I was falling behind but was ignored and told that they couldn't accept a lower payment.

Now monthly I was to pay them $218.00 a month. Along with this $218 a month, there were finance charges due of $175.00. This $175 was drawn from the $1000.00 they withheld and ONLY had access to. So month they were taking me for $393.00 a month. The $175 wasn't fixed so it varied every month more or a little less.

So they started calling me at work. I asked they don't do that. Because they wouldn't and didn't want to cooperate anyway. Fool saying, the entire amount was due and payable. We are going to send our attorney after you. Then on October 2, 2008 I received a letter from an attorney in Southern California. This standard latter said I had thirty days to dispute the amount or he was going to file.

This crook of an attorney filed on October 15, 2008 a lawsuit in Superior Court. What happened to my thirty days? See by law he has to abide by the federal mandated thirty day law. He didn't. The server came by my house, asked for me. I was talking to him but he didn't know it. I tried to avoid the service. He said, it doesn't matter who you are, I don't need to serve these papers on anyone. I can drop them on the door mat. So he did.

I picked them up, first shocked they didn't wait the thirty days. Then I read the suit. The last page mentioned ADR ( arbitration_alternative dispute resolution ) terms that was attached. They were not. So I found some old papers that they gave me in 2007. I had a copy of the ADR rules. They rules state. Any party could demand arbitration. It also states. No court could hear the case if the ADR was demanded and initiated.

So that is what I did. I followed the ADR to the letter. Filed with the AAA ( American Arbitration Association) find them on the net for your state. They cost to file is $1000.00

Beneficial was responsible for $875.00 and I was responsible for $125.00.

Sweet

This is what happened. The attorney ignored my request and demand. I filed in superior court my documents (answer to the civil suit) cost me $180.00 plus ) I filed incorrectly with the Fresno office of AAA. Initially the cost I misunderstood and filed incorrectly, which lead me to believe the suit would be $750.00 total. So I knew beneficial wouldn't cooperate, so I sent the $750.00.

The AAA office called and told me the correct amount due from me was $125.00 and beneficial was to pay the $825.00. The attorney wasn't cooperating still. He filed interrogatories for me to answer in the civil suit. I called the AAA in Fresno ca and the told me. They had my check for $750.00 that beneficial would be asked for the difference so the could move forward.

Of course would be reimbursed once everything was done. They informed the attorney, they gave him until December 29, 2008 to cooperate. They told the since Beneficial had AAA on their documents and I had demanded arbitration. They were required to cooperate or face loosing the ability to claim the AAA on all documents and this would open up Beneficial across the whole United States to straight up full blown court suits.

By you all and everyone they do business with. See if you sue them they trigger the AAA clause you must abide by. They sue you they skirt the AAA and take you to court and get a judgment. Once that is done ( thirty days to file an answer_ and I am no attorney but I do know how to file and act like one of the best )

Long story short. I paid the entire $1000.00. They will lose the AAA on all contracts I am not letting up! So everyone GO get them in small claims, superior court and any court you can file in. I know how to file the papers. I taught myself and on line some documents you can find completed. Plus their filing helped me. The attorney will be fired, Beneficial when they got threatened to loose the AAA clause on all documents piled 15 more attorneys on the case. PILE THEM ON.. .more for lunch.

The attorney that filed against me is fired, he will loose his account with beneficial, this fool cost them their AAA, and on his web site get this he broke Federal mandated law. I am filing with the Feds and I know who they just don't come to mind right now. But they will go after them for the predatory practices. They will go after them because it is a federal offense to hold me responsible for $8,000 and not give me control or access to ever spend it. Makes sense huh? You can't be liable for money you couldn't control or have.

Also I did plenty of research. Beneficial has many offices unlicensed. I filed to report them on that too. One office in Burbank Ca has over fifteen licenses and the other ones closer to us don't. They only handle us and give out the money. The Burbank office sends out the check to hook you. I also found in 2004 the same government agency sued them for the same thing. I copied the entire case and filed it to follow up on with the AAA. I also found out the federal law on consumer lending states. It is illegal to hold more than one license and every office has to hold one. I am going to get them on that too.

I am going to file to the attorney license board and take the attorneys license for his disregard for federal law.. Oh yea.. Let me share this. I socked the attorney with my answer the week before Christmas.. Merry Christmas fool. . I took the AAA clause because he ignored the AAA, so I filed on the last day of filing and went under the wire on the last day! I put the AAA clause in jeopardy on December 29,2008. Happy New FOOL HA HA HA HA.. NEXT

D. ****
Bay Area, California
U.S.A.

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