- Report: #327728
Complaint Review: Discover Card And Eric Berman P.C. - Riverwoods Illinois
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Discover Card And Eric Berman P.C.
2500 Lake Cook Road Riverwoods, 60015 Illinois, U.S.A.
Phone:
224-405-0900
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Discover Card, And Eric Berman, P.C. Discover Card uses Eric Berman P.C. to sue me, breech of contract, illegal abuse! Riverwoods Illinois
Three years ago I get a settlement offer letter from Discover, which I agree to as I was having financial difficulties making my payments after never being late ever for 5 loyal years as a credit card holder. I send in my check as payment in full, but it never gets cashed. Instead, I get another settlement offer letter, this time asking for double the amount on the first letter!
I call Discover, and speak to a supervisor who has the nerve to tell me that the settlement offer was indeed changed to double the original amount, and that paying the new amount would be the only way to settle. I argue that this is breech of contract, so she gets mad, threathens to charge off the account, and hangs up on me.
Well, the account did get charged off, and my check was never cashed nor ever returned to me. The next thing I know, I get a letter from my bank, telling me that my account is now frozen due to a court order they have received. To my shock and disbelief, the law firm of Eric Berman obtains a default judgement against me!
I go to court, and quickly figure out I was never served--this was a case of "sewer service"! And, on the affadavit of service, I find that they include a name and apt. # of someone that doesn't even exist! Talk about blatant and dirty!
I get the judgement vacated, and the bank account restraining order lifted, of course. Then, three months later this same law firm, Eric Berman P.C. has the nerve to file a motion in court for the turnover of money in my bank account by claiming the judgement was still valid!! How much more unethical can you get?!?
To date, I have appeared in civil court three times with a different attorney from Eric Berman, P.C. showing up, and each time they have failed to comply with discovery, even though each judge has ordered them to turn over documents to me, with the last one ordering this in a signed stipulation!
I finally have had enough, and filed a motion to dismiss with prejudice for their failure to comply with discovery. I have also sent David Nelms a letter, and am waiting on his response. I wonder if he ever will or not?
I have been advised to file complaints with the Bar Association, Attorney General, ACA, and even to try to get this story out to the media. If anyone has been, or is in a similar situation, please let me know. There is power in numbers, and we must not be taken advantage of!
Jason
New York, New York
U.S.A.
I call Discover, and speak to a supervisor who has the nerve to tell me that the settlement offer was indeed changed to double the original amount, and that paying the new amount would be the only way to settle. I argue that this is breech of contract, so she gets mad, threathens to charge off the account, and hangs up on me.
Well, the account did get charged off, and my check was never cashed nor ever returned to me. The next thing I know, I get a letter from my bank, telling me that my account is now frozen due to a court order they have received. To my shock and disbelief, the law firm of Eric Berman obtains a default judgement against me!
I go to court, and quickly figure out I was never served--this was a case of "sewer service"! And, on the affadavit of service, I find that they include a name and apt. # of someone that doesn't even exist! Talk about blatant and dirty!
I get the judgement vacated, and the bank account restraining order lifted, of course. Then, three months later this same law firm, Eric Berman P.C. has the nerve to file a motion in court for the turnover of money in my bank account by claiming the judgement was still valid!! How much more unethical can you get?!?
To date, I have appeared in civil court three times with a different attorney from Eric Berman, P.C. showing up, and each time they have failed to comply with discovery, even though each judge has ordered them to turn over documents to me, with the last one ordering this in a signed stipulation!
I finally have had enough, and filed a motion to dismiss with prejudice for their failure to comply with discovery. I have also sent David Nelms a letter, and am waiting on his response. I wonder if he ever will or not?
I have been advised to file complaints with the Bar Association, Attorney General, ACA, and even to try to get this story out to the media. If anyone has been, or is in a similar situation, please let me know. There is power in numbers, and we must not be taken advantage of!
Jason
New York, New York
U.S.A.
2 Updates & Rebuttals
Readallaboutit
Rocky Point,North Carolina,
U.S.A.
People
#2Consumer Comment
Mon, July 21, 2008
I just want to say that the fact that employees can randomly choose who to do favors for and who to not, really is kind of prejudice. The truth is that people in distress often find it hard to come across any other way then distressed which to some may come across hostile. Also whose to say the customer service person wasn't just having the crappiest day ever and decided to be a butt to everyone that called that day. People are all just people. I know when I am in a bad mood even the most harmless things can hit me the wrong way. So to put the subjective authority into human hands without fair assesment or strick guidelines that all must be treated equally is just prejudicial in my opinion. I know I often sound glib on the phone and sarcastic its just the way I speak and no offense is intended and yet I have often been thought to be hostile because of my speach patterns. Which is most often not the case. I don't think one employee should be able to arbitrarily make a decision that could have devasting effects on debtors just because THEY HAVE THE POWER to do so. Of course in the situation above I believe that Jason clearly said the judgment was vacated and further attempts to force payment do seem very personal. As I am sure they feel that way to him as well. I also have a question for Jason. Is this law firm acting on Discover cards behalf or have they or someone else bought the debt? Read here! http://www.docstoc.com/docs/450851/FDCPA-and-my-clarifications-of-some-weak-parts And here! http://www.ftc.gov/ FDCPA does not apply to original creditors so if they are actually representing Discover Card these won't be much help but are interesting to read anyhow.
Kdavis
Marysville,Ohio,
U.S.A.
The CEO of the company will not respond
#3UPDATE EX-employee responds
Tue, May 06, 2008
The CEO of a huge company as Visa, Mastercard, Discover and Amex will not respond. You might as well try to get the President of the US on the phone. I do not understand how they wouldnt cash your check. Discover card doesnt have "humans" entering in their payments..it is all computer generated. I worked there for almost 2 years and NEVER had a credit card member call in and state that we didnt cash a check. Now mail gets lost all the time...through the US Postal Service. It actually happened to me a couple weeks ago w/ my cable bill. They have MANY payment options for you...I would have sent a certified check to them...if your story is true you should have done something other than just send it in the mail. Every large company has "loyal" customers that never paid late then all of a sudden claimed bankruptcy or maxed out all their credit and is having problems now. I personally went through the training and if they were that hard on you then they tried multiple times to contact you and sent many letters. They only get addresses from the primary card holder..so DC having that much time to sabatage your account...to be honest they wouldnt...the customer service people cant even remember one account number let alone one to look YOUR specific account up to make you pay more. I am sure if you called in and let them know what happened and talked nice to them (which gets you farther than demanding) they wouldve helped...ive erased MANY late fees for a nice person but someone calling in and demanding it...I REFUSED.
