Public Mediation

Avid Law Center-Dispute-#5301854

N. W. vs. Avid Law Center
65 Enterprise, Suite 455, Aliso Viejo, California, 92656, United States
Amount Involved: $4,350.00
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
    • View response from: Avid Law Center
    • Claimant Seeks: View.
    • Claim #: 5301854
    • Amount Involved: 4,350.00
    • Filed On: May 24, 2012
    • Posted On: Jun 04, 2012
    • Complaint(s):
      • Problem with a service
      • Overcharge or billing error
      • "I just feel ripped off."
View less
Rate or Review on Avid Law Center
Become an online mediator
  • Review this case.
  • Propose your solution.
  • Win the reward (1,000)
Statement of Claim
Complaints Involved (3) - View
Claimant says:
"In June 2011, I contacted Avid Law Center (ALC) to help me get a loan modification with BofA to avoid foreclosure status. ALC requested a retainer fee up front for the amount of $4, 000. Which they have deducted from my checking account back on June 9, June 23, July 8 and July 20, 2011. Now they are asking that on a monthly basis I sign a new retainer fee agreement to continue their services for the amount of $350. On April 4, 2012, the amount of $350 was automatically taken from my checking account by ALC. They have not helped me with my original loan modification request because now I've fallen behind in my mortgage payments and my home is in foreclosure. The next step may to evict me and my husband by July 12, 2012. ALC continues to tell me the same thing every month (as they have for the past year), "Your case is still in review with the lender. There are no further documents needed at this time...". I just found out that the Better Business Bureau has Avid Law Center rated with a D- rating. I am now trying desperately to contact attorneys to see if my home can be saved from foreclosure."
...
Reply Have a similar problem?
What Claimant Wants Hide
1. Refund: Taking payment before Loan Modification was resolved. Jul 13, 2012 $4,350.00
2. Other – Copy claim to regulators Jul 13, 2012 $14.95
3. Other – Pay for claim posting cost Jul 13, 2012 $7.95
4. Other – Physical delivery charges Jul 13, 2012 $2.99
Cash total : $4,375.89
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)
Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • I disagree with the explanation / grounds provided

    "Thank you for providing AVID Law Center (“AVID”) with the opportunity to respond to the complaint received from a former client, Norma Jean Worcester (“Client”), dated May 24, 2012. Needless to say, I am disappointed to hear that AVID did not meet Client’s expectations; however, I do believe that some of the letter’s tone and assertions are unwarranted given the true facts of the matter.

    Pursuant to the Retainer Agreement that was signed on June 2, 2011, AVID agreed to service Client’s file for 90 days upon submission of her case file to the lender. Just as we do not guarantee that any specific result can be achieved, we also cannot guarantee that a resolution can be obtained within any specified period of time as we do not control when a lender ultimately makes its decision. While we do set a deadline of 60 days for the lender to respond to our legal demand for settlement, we cannot force a lender to make a decision. Client seems to be upset that we were unable to obtain a decision within 90 days of our submitting the case file to the lender and that additional servicing was required. While we understand that Client is frustrated, the fact is we had serviced her file for an additional 4 months at no charge as a courtesy to her. Client seems to also suggest that the $350 monthly servicing fee that was withdrawn from her account on April 4, 2012 was taken without her knowledge. This is not true. Not only did Client sign a Servicing Addendum (“addendum”) agreeing to additional servicing for the month of March, but an email was also sent to her on April 3, 2012 reminding her that payment would be withdrawn from her account pursuant to the addendum she signed. Client fully understood the arrangement she had signed and agreed to and no fees were ever withdrawn without her knowledge and authorization.

    I am not sure how Client arrived at the opinion that we had “not helped with [her] with [her] original loan modification.” That is simply incorrect. I have completely reviewed Client’s file and am personally satisfied that AVID has performed all of its work, as provided in our Retainer Agreement in an ethical, confidential and appropriate manner. As agreed, we assembled Client’s file, gathered all the necessary documents, submitted them to the lender, communicated with Client, communicated with Client’s lender, and kept Client reasonably informed of all significant developments in the matter until she decided to discontinue service with our firm.

    I am truly saddened that our representation did not meet Client’s expectations. Even in light of this, I do not believe a refund is warranted, appropriate, or required given that all services were fully performed, all fees were fully earned, and our continued representation was terminated by Client’s own request. While I regret that AVID Law Center did not meet Client’s expectations, I do wish her the best in seeking an adequate resolution of her mortgage situation.

    Very truly yours,
    AVID LAW CENTER
    "

This claim will remain posted until resolved.

  • 0
Do you agree with the respondent’s Response?  (If you are a party to this claim, click here.)
See how PeopleClaim Works
Get fast access to our Resolver community, for...
  • help with a PeopleClaim or any other complaint
  • assistance with a purchase or contract
  • expert advice
Other PeopleClaim resolvers
Want to see more? Search our directory of resolvers.
Get Free alerts when claims post in your area.
Get Alert
Cases seeking help
Pick a case. Help resolve it.
Need help resolving a dispute? Learn more.
Help resolve claims against businesses and people near you:
View more claims

Public Mediation

The shortest path from your problem to its resolution.
1
Peer to Peer

Engage the other party and use powerful tools to negotiate the best resolution.

Free
If Unresolved
2
Community Resolution

Post your case online and get help from legal professionals, industry experts, consumers & advocates competing to find the best resolution to your claim.

$14.99 + optional reward for best resolution
Full refund if not resolved to your satisfaction
If Unresolved
3
Private Mediation

Lets you mediate your case privately with the help of our professional mediators and industry experts.

Free to claimant. Mediator fees negotiable.
If Unresolved
4
Engage a Professional

Find the best community-reviewed professionals near you to resolve your issue in private online mediation or traditional court/mediation.

Resolution

A wonderful serenity has taken possession of my entire soul, like these sweet mornings of spring which I enjoy with my whole heart.

I am (not) alone, and I feel the charm of existence in this spot, which was created for the bliss of souls like mine...~ Goethe

Get a public verdict — create an online trial $50 public trial / $50 reward for successful resolution
Important: All information contained herein is the opinion of the posting parties, who are solely responsible for its content. PeopleClaim offers both free and paid services to help consumers, patients, employee, tenants, and others resolve disputes without lawyers or courts, through negotiated online settlement and public disclosure of wrongdoing or unfair treatment.
Claims against parties operating under bankruptcy protection, by law must be processed solely through the appropriate US bankruptcy court. Any claims against this party currently posted on PeopleClaim are available for purposes of public business review only and are not an attempt to collect money or recover assets subject to protections under the United States Bankruptcy Code.
*IMPORTANT: PeopleClaim is a public dispute resolution system, independent of the BBB, small claims court, or other dispute resolution services. PeopleClaim is not a law firm and does not provide legal services, opinions, or advice. PeopleClaim facilitates peer-to-peer negotiation and resolution and crowdsourced input on issues of fairness to help resolve complaints. Users should contact professional legal counsel on any matters of law or regulation regarding their claims. PeopleClaim does not review or evaluate the merits of claims submitted through its site, and users are solely responsible for all content filed in their claims.
© reserved by PeopleClaim