Hunt & Henriques Collection Law Firm Refuses To Accept The Money Owed Their Client San Jose California
I'm a delinquent borrower of Prosper and my debt was sold in December 2007. I finally secured a new job in mid February 2008 (a drastic cut in pay, but a job non-the-less.)
I never received a notice letter from Prosper or the debt buyer Alliance Credit Services, but approximately four weeks into my new job I did receive a telephone call from ACS's representative law firm Hunt & Henriques out of San Jose, California.
The woman (who finally admitted she was not an attorney but a collections specialist at the firm) was degrading when she stated that I had never made a payment. I told her she was misinformed that I had made payments for six months prior to losing my job. She was adamant that I had paid nothing. I offered to make $400 per month payments on the $5000, but she flat out turned me down saying she was going to note that I had refused to pay.
On the second, third, fourth and fifth calls between us (she called me and I called her), she made sure to repeatedly tell me that 25% of my wages were going to be garnished. I was crying and trying to explain to her that I'm a single mom and that offering her $400 per month, if she had accepted it I would have been a hardship and left me with only $115 a month for groceries.
When I stated in our last call that I felt I should see an attorney, she advised me not to and use whatever money I would use on an attorney toward my debt.
I'm writing to let those of you that we (myself and others that hit very hard times and defaulted), that it may not be that we refuse to pay the debt, but the hard core collection law firms refuse the payments when we're finally in a position to begin trying to get caught up on bills.
I feel very badly that I was unable to make payments to the individuals at Prosper that put their faith in me. I feel bad that I had to relocate and live with friends because my company didn't even pay into State Unemployment and I had not a dime to live on. I feel bad my daughter had to deal with moving, changing schools, not having money and having to be on a state funded lunch program. I feel bad that friends didn't call me to do things with them any more because I couldn't afford to even pitch in toward a video rental.
But feeling bad about all these things were nothing to compared to what I felt at the thought that this law firm is threatening me after being brought to my knees and staying there for nearly a year. I finally get to where I think I might be able to stand up straight again and they refuse my $400 a month payment offer because they want $550 for 12 months so that it's paid in full in 12 months.
The sad part is that 25% of my paycheck is less than what I offered. They would have been better off to accept my offer.
How does this benefit Prosper's lenders or their clients
Thank you,
Susan
Los Angeles, California
U.S.A.
6 Updates & Rebuttals
Stop the Bully
Santa Clara,California,
USA
Don't worry so much...
#7
Fri, August 28, 2009
These guys are graduates of a law school in San Jose. At the time of their graduation I don't even think the school was an acredited school, but I may be wrong. Lawyers who go to this school go there because they cant get accepted into a regular law school. They learn the same stuff there but very few of them can do real lawyer work. THey might as well have gotten their degree from a box of Cracker Jacks! Collection law firms are nothing but a bunch of bullys. They file lawsuits against debtors and hope for a default judgment so they can try to collect. Usually they don't even try the collection process (levys, garnishments, etc) because it is not cost effective. They just sit on the judgement and wait until you try to buy or sell some property. They are nothing but bottom feeders.
When they try to collect prior to filing suit, they are annoying but harmless. Ignore the endless calls and eventually they will usually go away. If they file a lawsuit and serve you, the worst thing you can do is ignore it. Answer the complaint and serve them with discovery. You can usually find some good information online on how to file an answer and prepare and serve discovery.
This happened to me about 10 years ago. I was told I had a $5000 debt. They filed suit, I answered the complaint and served them with discovery asking for proof of the debt. Of course they could not provide everything I asked for and could not respond to the discovery. I eventually negotiated a settlement with them and paid $250 per month for 3 months and wiped the debt out. (the actual debt was $3,800.00 and not the $5000 they said)
These guys don't really want to work and when you make them do actual lawyer work, they fold.
If you want it all to stop, find a GOOD bankruptcy attorney and file for bankruptcy.
Laurie
Haslet,Texas,
U.S.A.
Sounds like they have already Violated FDCPA
#7Consumer Comment
Mon, December 22, 2008
If they started the call claiming to be an attorney's office - THAT IS ILLEGAL.
YOU CAN SUE FOR THEM JUST FOR THAT VIOLATION!
www.ftc.gov - Read Fair Debt Collection Practice Act
www.budhibbs.com A Consumer Advocate website SPECIALIZES IN COLLECTIONS
COLLECTION AGENCIES DO NOT WANT YOU TO KNOW ABOUT THIS SITE!
It exposes all the illegal nasty tricks they use.
J G Shrugged
Austin,Texas,
U.S.A.
Side note: Who told you about the unemployment thing...
#7Consumer Comment
Mon, December 22, 2008
Did your company tell you not to apply because they hadn't paid or did the state deny your benefits for some reason? Did you get a W-2 from the company?
Now the collection agency is just plain stupid. They have to get a judgment first to be able to garnish your wages, and even then, it's 25% of disposable earnings.
John
Niceville,Florida,
U.S.A.
xraider is a d****ebag
#7UPDATE EX-employee responds
Mon, December 22, 2008
Do not contact this person. He doesnt care what you have to say except just to use in his vendetta against prosper. If he is on your loan he may even be stupid enough to try and sue you himself.
Xraider
Rancho Palos Verdes,California,
U.S.A.
We at Prospers.org are very interested in your situation
#7Consumer Comment
Thu, August 14, 2008
There are a number of Prosper lenders who are following these lawsuits with interest, and would appreciate your providing us with more information. Please register at www.prospers.org (so you can post) and either post more details about what happened or PM me (xraider) with contact information. I may be able to help you, as well.
I hope to hear from you, and wish there was a different way to contact you privately.
Keith
Los Angeles,California,
U.S.A.
hunt & henriques
#7Consumer Comment
Sat, July 05, 2008
Yep, I used to get weekly robot calls from this debt collection law firm. Think they were hired by nco. My supposed debt's 20-30 years old so not sure how/why a real law firm would even bother wasting their time & dime to call me. But they're hauling debtors all over the state to court - so they must be familiar with the states statutes. Anyway after contacting state AG in PA where NCO is based they stopped calling. Not sure why they would refuse your payment offer. weird.