Reader mail: ASC refuses to reissue stolen refund check
Christine,
First, great job on your website. There’s no doubt, that your advice will/has helped lots of people. I came across your website while doing research on America’s Servicing Company (ASC). I have had two big problems with ASC since they purchased my loan from HomeBanc in July of 2006.
After ASC purchased my loan from HomeBanc in July 2006 they immediately labeled my account delinquent. I did not realize it was delinquent until August 2006. When I questioned ASC as to why my account was delinquent they stated that I was missing a payment. I provided proof of the payment by faxing them a copy of the cashed check by HomeBanc in July of 2006 and HomeBanc’s letter stating that they had sent the payment to ASC. Finally, after two months of arguing with them, they “found” the money and sent me a very lame apology letter.
Next, and this is the big one, ASC sent an escrow surplus check to an old address (an address I never gave ASC but HomeBanc did) for $766.15. Someone stole this check, made a fake ID in my name, and then cashed the check at a liquor store. When I requested that ASC issue a new check they sent me a letter stating they were not liable and to contact my local authorities. I next had my attorney send ASC a demand letter for the escrow funds. Naturally, ASC has not responded back to that letter, nor do I expect them to respond. I have also filed a police report, a complaint with the BBB, and a complaint with the Maryland Attorney General’s office.
I am interested in your thoughts/comments. Is there anything more I can do? Take them to small claims court?...
This is one of the weirdest complaints I’ve ever seen. I would definitely sue them, but they should be sued in “real” court and have to pay punitive damages and attorneys fees. Check http://naca.net/ for an attorney.
Even if they had sent the check to the CORRECT address, it still is NOT your problem that someone else cashed it. YOU really didn’t have to file a police report—it’s ASC who got defrauded, NOT you.
ASC owes you the $766.15 refund—they have NO proof that you cashed their check. If they claim that you lied, they can pay for an expert witness to determine whether it’s your signature on the check. Assuming that the person who stole the check doesn’t know how you sign, any IDIOT should be able to tell the difference.
Additionally, ASC HAS your signature on the checks you have sent and on the loan documents, are they saying the signature looks like yours?
ASC needs to be taught that they have no right to make YOU work and the ONLY way they’ll change their scummy practices is to be sued hard.
Can you imagine a CONSUMER claiming that they sent a check to a creditor and telling the creditor to file a police report?
It’s unbelievable what these banksters get away with.
Posted by Christine on 01/05/2007 at 09:46 PM
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