H&R Block Mortgage Violated Servicemembers Civil Relief Act Irvine California
Too many companies, this one in particular, choose to remain uneducated and ignorant of the rights and entitlements of National Guard and Reserve service members who are called to active duty. They prey on their supposed ignorance to deny them protections under the Service members Civil Relief Act (SCRA). They put the burden of proof on the service member's family and find "creative" ways to word their reasoning to explain why the service member doesn't qualify.
So, while these service members are serving the country or state their families are struggling with punitive actions taken by companies who refuse to follow federal law. The law is clear. However, ask a dozen companies and get a dozen answers. I tried to get my relief from this company and was constantly shuffled from operator to operator, my credit has bee ruined, punitive charges have been added, and extreme collection actions have been taken despite the fact that military orders were sent in and SCRA protections were requested 30 days in advance of my spouses first duty day. As I answer each rebuttal by doing my homework their answer changes as to why we don't qualify.
This company's final stance has been to hide behind a lawyer I have never seen, spoken to, or received a written response from and claim my spouses enlistment contract (NOT active duty orders) pre-date the loan so we are rendered ineligible. The law states 30 days or more for reserves/national guard at anytime during their military career as long as the orders themselves are after the origination of the obligation. And most of our creditors think late charges and negative reporting are allowed if even a dollar is short.
All I can say is if you have a spouse on active duty it is a real eye opener to see which companies actually follow the letter of the law and which ones hide behind a facade of respectability only to abuse the consumer when they need consideration the most. Now I not only do I have a spouse called to active duty I have the added stress of bad credit and inflated payments while operating at a substantial financial loss. I support soldiers; shouldn't the corporations that benefit from their money? All I want is for them to follow the law in its entirety and put the burden of proof back on the company not on the already overtaxed reserves and National Guard.
Outraged
Austin, Texas
U.S.A.
3 Updates & Rebuttals
Mark
North Richland Hills,Texas,
U.S.A.
Contact the right people
#4Consumer Suggestion
Sun, April 01, 2007
You would be surprised what a phone call, an e-mail and a HAND written letter to your Senator and Representative will do. You will get an instant response. Make sure to mention the unit he is in, the date he was activated, and where he is currently stationed.
Aafes
Viernheim,Europe,
U.S.A.
What you should do
#4Consumer Comment
Sun, April 01, 2007
What you should do, if you have not already done so, is first contact your base legal office to discuss these matters and get advice.
If they are not able to assist you, it is certainly worth your time to consult a private attorney. As you stated you applied for relief under the SCRA the creditors are likely violating federal law by their actions.
These creditors "bank" on the fact you will simply find it too much trouble to exercise and protect your rights under the SCRA.
David
austin,Texas,
U.S.A.
Option One/H&R Block Mortgage Rips of Servicemembers with Fraudulent Actions and Charges
#4Author of original report
Sun, April 01, 2007
In addition to the complaint above Option One has reported me late 30 days, 60 days, and then 30 days again. I was late twice and it was less than 30 days late. They claim to have charge me three $15 NSF Fees and I don't write them checks. I use a bill pay service through my bank. Also, I have at least 5 statements with NSF fees listed. Every time they take the $15 first my mortgage payment is short so it generates a $95 late fee. Our losses due to active duty really hit us in DEC 06.
I am being reported late for since AUG 06 which coincidentally is the same month we first asked for SCRA protection. AND my bank records show the payments before DEC 06 were made in full and on time. Their letters show only 2 months late at less then 30 days but my credit reports show at least 4 lates. Their records are inconsistent. They do not return calls unless you threaten them with legal or public action. The BBB and FTC have been unable or unwilling to help. They have no proof, when I requested it, of these NSF payments but they refuse to take them off. This in turn validates the late fees according to Option One. Then there is the whole issue with "other" and "miscellaneous" charges on my statement that I can not get an explanation for.
I have called and called and called but they only claim I am wrong and there are no "other" charges. If that is true why is it on my monthly statement and why is it shorting my monthly payment so I generate yet another late fee? Add this to the loss of $1000 a month due to my spouse's active duty orders and all I can say is I am outraged as this companies less than reputable business practices that flaunt the laws designed to protect the consumer during times of legitimate financial hardship.
This company claims the want to "help me." Apparently the only thing they want is to help me lose my house and ruin the good credit I have worked hard all my life to protect and maintain.