Harrased by Financial Credit LLC/Ballys Fitness

Hi waynebx2002

Welcome to the forums. According to your post, I will suggest you to ask your creditors to validate your debt first. Did they serve you with a Notice before Garnishment?

I will suggest you to take some help of your attorney who will guide you in the right direction. The thing that has happened is actually not fair and hence needs individual attention.

Please keep us updated about it and be in touch often.

Thanks
Roxette

Thank you for the reply Roxette...

Just to answer in order: At no point did I recieve any information about this from this company at all. I never recieved a Notice before Garnisment, Only a Notice OF Garnishment was sent to me via postal mail. week ago.

I don't have any legal rep at this time, but my intent is to on Monday to file a stop with the court & the Marshall in NYC so as to get a actual court date to argue this debt...is that possible?

My basic question from alot o this is, can they reage this debt to get it by the law without my input? I havent made ANY payment to BTF since 1995, so i would think its hard for them to say i've been current. Do I have a chance of beating this bum deal?

Hi waynebx2002

Quote:

Are there any places I can go to find a Attorney? I am with VERY limited resources at this point in time. Even for NYC, this isn't going to be a inexpensive outcome for me....sigh.

Hi waynebx2002

Welcome back. You can look out for the top rated attorneys in the yellow pages of your state. I believe that will be helpful.

Please do let us know the feedback.

Regards
Roxette

Hi waynebx2002

This URL might help you find an attorney in your locality.

http://forums.debtcc.com/forums/about417.html

Hope this will help you a lot.


Regards
Peter

Its not going well. In relation to my previous post this is an update.

For past two days, I've filled out affidavite in Bx County court to get this case reinstated. My main reason being I settled this account with BTF in the same year I opened the club membership...Hell I didn't even have it for more than a MONTH before I paid a fee of $150 to have the damn thing canceled.

Problem is both times I filed, I was denied by the judge. I mean, the form even ASKS if I was served with any papers. I didn't even know that these people were suing me until I recieved a Notice of Garnishment in the mail(Mom's Address) from the Marshalls office.

I can't believe this. I can't get a chance to defend myself because some JUdge wont even HEAR me, but no one seems to care that I wasn't served wth ANY sort of paperwork or given any warning whatsoever. And I can't believe that I can be held UP...ROBBED of over $1500 from a debt of 10 years ago!

As a aside note: I've been trying to clear up crap off my credit report for last 8-9 months. I HAD sent a notice to a Financial Credit for Ballys in 9/2004 asking them to please send me more information on this debt, or to remove it off my report. I NEVER recieved a answer back. I still have a copy of the Certified reciept, and a copy of my Credit report, showing BTF & FC on it. Problem is I cant find the envelope that shaows it was Returned to Send...What the Heck? Finanical Credit that got the judgement aganist me is using a Long Island, NY address.

PLEASE, I need guideance. I dont have any real assest, I've been out of work for the last 6 months. All I own of any value is a car, which has a bank note against IT already. They can hit my bank account, but Im already overdrawn, and theres nothing in it.

Can ANYONE help me with this...I am at my wits end here.

Hi waynebx2002

Welcome back once again. This time, your query sounds complicated. Let me think if I can suggest you anything positive from my side. In the meantime, you can also take the help of your local attorney to look into this matter of how to deal with the court.

I am also thinking of the ways to make your side stronger.

Will keep in touch with you

Regards
Roxette
It is good to think well. It is divine to act well

Believe me when I say, its REALLY complicated! But thank you for any help you may be able to offer.

What kills me about this is, that any judge wouldn't deny this out of hand, as soon as they saw the AGE of this account. I would LOVE to find out how they prooved I've made ANY payments after canceling this stupid account.

And really, I am kicking myself for letting myself get roped into the damn thing in the first place.

I will have to look into contacting any attornies for this , but what makes this just as bad is that Im going to have to pay through the nose for one too...I dont know where else to start except through the Yellow Pages.

On the other hand, if I do get some representation from it, I should countersue the SOB's for all the crap im being put through.

But, if there is anything more I can do myself, that I havent done already, I am up for it...There is a We The People Law Legal outfit nearby, I may try to take a run over there for materiela to use.

But TY again Roxette...Any information will be used ASAP!

Hi waynebx2002

Quote:

Ok, sorry about the delay in posting, but here is an update so far.

I was able after the 2nd attempt to get a new court date. So half that battle is won.

I sent out Notices to both the Marshall & the Lawyer rep. BTF and so far only the Marshall responded with the Certified card that they got the letter.

While looking back at my files, I noticed that in 09/04 I did send a bunch of letters to different creditors requesting information on debts that were listed on my credit report. I recieved answers back from them all more, except...of course, the people claiming to represent BTF. Of course the address I sent it to was different than the office address thats on the paperwork that was sent to the marshall, but maybe thats because its a NY office, compared to the WI office that was listed on the credit report?

Anyway, since I never got a answer back, but I still have a copy of the form letter asking them to either send me information on this debt in 30 days or notify the credit angecy to remove the notation off my reports. I also have the Certified LEtter Reciept from the Post OFfice, showing the day/date of when I mailed it, and to whom I mailed it to. Should I let the judge see it, and explain that they never contacted me even though I tried to contact them. Or should I just say this debt is over 7 years old, and it should NOT have even been in court? Or is there a 3rd option I need to look at?

Hi waynebx2002

Welcome back. It is nice to hear the positive outcome of your approach.

Please keep all the documentation in safe place and you must show to the judge also to make your side stronger.

Quote:

As far as I can tell its should be...Since I have not made any payments on it since 1995, isnt the SOL in NY 7 years? I looked on the website for the State AG and I didn't see anything posted...

Hi waynebx

The Statute of Limitation in New York is 6 years in case of written contracts. The SOL for the recovery of your debt has gone beyond the time period.

Please inform the judge regarding the SOL time period.

Hope this will strengthen your case.

Regards
Roxette

Just another update.

I was in court today for the case. The judge vacated the order and reinstated it back to the court calender, due to, IMHO, the fact that the lawyer for BTF never even showed up! Not to mention I also mentioned that I never had been served any papers by anyone over this. I also had to send in a another notice to answer the reason why I dont owe any money, I pretty much stated the reasons I posted earlier in this thread.

So I'm due back in 2 weeks to respond to this case. With luck, I will get these SOB off my report for good. I have found a copy of a form letter I had sent out to questionable compaines I found on my credit report in Sep 04. I never recieved a answer back from them, until this fiasco last month. Hopefully this will be enough.

Hi waynebx2002

It's nice to see that you are on the stronger side. I have noted that SOL period has passed in your debt. Secondly, the lawyer didn't turn up in the court.

So, it is pointing towards the fact that you are going to have a clean credit report after all these negative entries get removed from your credit report.

I congratulate you in advance for all your hard work. Please do keep in touch and interact in the forums with our community members. Let your this thread in the forum give inspiration to our community members.

Regards
Roxette

Just got a strange call this morning...

A Mr. Romano claiming he represents Financial Credit called me and told me that he does not a copy of the cancellation I made with BTC, and he cannot get one unless I ok it. If i call BTC, give them some docket number, I guess, and see if hey have a copy of my cancellation on file, it will keep all of us (his words) from having to be in court next Tues.

Right away, I smell a rt. If he's their rep in court, why would he need MY input at this late a date? How the heck did they proove that I owed them anythinging the first place with the judge?

I wish I didn't pick up the damn phone, but i was expecting a job interview call, lol.

I got his number (he offered it to me), and I guess its BTF 877 number too. I told him I was on my way out the door, but if i could,, i will TRY to call today.

My question is, should I? Why not wait until Tues and step up in front of the judge and remind them, no payment of this account occoured since 1995, and I had canceled it? Even if there are no records of me doing so (which is a possiblity, after all it was 10 years ago) shouldnt the SOL automatically means that they are out of luck?

Hi waynebx

Good to hear from you back :D

Regarding this call, I will suggest you not to panic in this issue as you are approaching your hearing date. Finding themselves in the weaker side, they might try to intimidate you.

Of course, the debt is time barred and is not at all collectible as it's gone beyond the SOL period.

As you are in the stronger side, please be very careful with your moves and I wish you the best of luck in your hearing.

Regards
Roxette

Good to hear from you back

Regarding this call, I will suggest you not to panic in this issue as you are approaching your hearing date. Finding themselves in the weaker side, they might try to intimidate you.

Oh don't worry, I don't intimindate easily...lol. My only concern was that would try to mmake my credit rating worse than what it is, with me trying to clean it up!

Of course, the debt is time barred and is not at all collectible as it's gone beyond the SOL period.

Good. I would be d@amned if i'm going to be forced to pay for something I never got a chance to use!

As you are in the stronger side, please be very careful with your moves and I wish you the best of luck in your hearing.

Basiclly Roxette, my plan was to show the judge a copy of my credit report from Sept 04, and a copy of the letter I sent to them stating they remove this information from my report. TU still is carrying it (will correct that after the hearing) but as of right now Experian & Equifax removed it (Reordering a copy of both from MYFICO to be sure) I also have copies of the certified letter & card I sent to them at the time. Armed with this, I am hoping that the judge will see this, especially in light that the SOL is comfortablly over 3-4 years???

I don't see any holes in it, but you never know...I will be careful, I wont volenteer any more information than what I am asked, and I refuse to sign ANY paperwork that I should pay them any sort of "backdated cancel fee" (a creditor tried to pull that one on me on another unrelated matter). All I want is a statment from FC or BTF or rather both that says this debt is null and void.

waynebx2002

You have the Protection under the FCRA (Section 623) and you can file for the extent of damages up to $1,000.

Cheers
Roxette

Great news for one and all about this issue.

Basically I never heard back or heard a message from Financial Credit after being contacted by thier representitve last Thursday. My court date was today (Tues) and I appeared as requested. I had brought copies of all my paperwork, including photstats of certified mail reciepts & cards, printouts of mail sent the same way printed off the Internet via the US Post Office website, and copies of my credit report past and present.

I show up...no attorney from the CA. The calender was called, I reported in. Waited around for about 90 minutes, case was called again; still no answer from the CA attorney, ...and the case was dismissed.

Now I will have to wait for a copy of this to be avalible so i can send it in to TransUnion (the only Credit Agency that still reports this mistake) so I can have it striken from my report once and for all.

I can't stress enough of a thank you to everyone here that posted help for me in this matter!

PS - I am in the process of helping my girlfriend in cleaning up the garbage on her credit report, and will post results here. Also as a side note, another person that was being sued by Financial Credit/Ballys was on the docket that day. I passed her your websites address, and told her she could get alot of good help there. I think i convinced her! :P

Hi waynebx

It's so nice to hear from you about your victory. Very soon, your disputed entry in the TransUnion will get erased and you will have a clean report yet again.

We are looking forward to assist you further with your girlfriend's queries and provide her the remedies to clean the credit report.

Thanks for participating regularly in the forums and extending help to the community with your comments and suggestions. We look forward to hear from you often.

Regards
Roxette :D

If you paid a cancelation fee you should be able to sue them for fraud i would think. Gyms are the worst!!

I have a client who is going through the same thing. By any chance do you have the contact info for Financial Credit LLC? Thank you!!