Question: about the SCRA (formerly known as SSCRA) - Creditors are supposed to drop your interest rate on any consumer debt (i.e. mortgage, credit cards, etc) to a 6% max cap. When I deployed, I contacted my mortgage company, and a few creditors..One however - Wells Fargo Card Services refused to drop the rate (the dropped it for two months, then doubled it to recoup the interest). When I returned from deployment, I spent an hour with them on the phone they flat out refused to reimburse the interest.
I called JAG, and they told me since I was reserve they could not help. I have since just paid off the card - but it boils me because I know they do this to servicemembers that aren't in the position to just pay it off. I met all the criteria to instate my SCRA rights (even with ten yrs of service I make made a fraction of what I do on the civilian side).
We are talking about the principal here - this is a violation to those that serve. What can I do? Who can I write to?
2006-11-16 22:57:13 · 7 answers · asked by Anonymous in Politics & Government ➔ Military
Yes - I contacted them in writing with orders... like I said initially they dropped the rate (for 2 months) but then while I was deployed doubled the rate of what it originally was to recoup the interest.
2006-11-16 23:22:52 · update #1
First, any military Legal Assistance Office should be able to assist you since this issue arose as a result of your being activated. If they do not, contact your chain-of-command and seek their assistance in getting the Legal Assistance Office to help.
Also, you can contact LAMP Committee (Legal Assistance for Military Personnel) for your state bar association. They may be able to put you in contact with a lawyer that will provide you with free assistance.
Finally, you can contact the the Department of Justice. The Department of Justice has a website set up to assist in situations like this. The website address is http://www.servicemembers.gov/index.html
Good luck and I hope this helps.
2006-11-17 13:34:42 · answer #1 · answered by Anonymous · 2⤊ 0⤋
I ran into a similar problem when I was inducted into the Navy in 64. What I used was what was then called THE SOLDIERS AND SAILORS RELIEF ACT OF 1940, which I think probably still exists, but probably in an updated form. Those I owed knew nothing about the act and started hounding my tail. I went to JAG and they sent a letter and thus the problem was worked out.
I would check on that law, or its newer models, and go toa civilian atty and head right straight for them and anyone else that did not allow you the legal relief.
I think that the Bar associations in all of the states have facilities to work with you on your case.
2006-11-20 01:01:29 · answer #2 · answered by Polyhistor 7 · 1⤊ 0⤋
That is seriously messed up. I am assuming since you are not Active Duty that the military will not be able to help. I know that once you are REFRAD after a deployment you are basically on your own. I'm not a legal expert, but I would think that since this is a civil relief act that you could take them to civil court. That really burns me up - not sure what to say.
Ya might think about posting this on the legal board.
2006-11-16 23:14:47 · answer #3 · answered by longwalk 1 · 2⤊ 0⤋
Read the link below, especially Section (2). Sounds like they're following the modern interpretation of the old Soldiers' and Sailors' Relief Act, which was superseded by the SCRA in 2003.
http://usmilitary.about.com/cs/sscra/a/scra1.htm
The link below is a simplified version of the SCRA.
http://usmilitary.about.com/cs/sscra/a/scra2.htm
The link below is the detailed SCRA in its entirety.
http://usmilitary.about.com/od/sscra/l/blscramenu.htm
The link below is for a program through the American Bar Association "which includes a network of attornies to offer legal help to servicemembers, most especially in the area of the Servicemembers Civil Relief Act."
http://usmilitary.about.com/gi/dynamic/offsite.htm?zi=1/XJ/Ya&sdn=usmilitary&cdn=careers&tm=3&gps=120_7_1276_750&f=10&tt=14&bt=1&bts=0&zu=http%3A//www.abanet.org/legalservices/helpreservists/
Hopefully you contacted your creditors in writing and included a copy of your orders. The SCRA requires that. If you didn't, that may be the reason Wells Fargo did what they did.
Good luck to you! This makes my blood boil too. How dare they do this to you.
2006-11-16 23:14:27 · answer #4 · answered by Anonymous · 3⤊ 0⤋
I Agree Write your congressman, Write your Senator, Write the man in the white House. Last form a citizen action Group and Write, Write.Write. the nerve of them you can fright for your country and they can't protect our mortgages, Jobs, Health care for you family, Interest Rates . I'm a Mortgage broker and i was aware of the benefit 2 our services man and women. I wouldn't do best with Wells Fargo again. And we must get rid of those who will send us @ foreign lands 2 fright crazy wars and we aren't afford protection from our country, when we are protecting and servicing them. Question Of Loyalty, who's loyal to us. FUNNY 2 ME. don't you agree.
2006-11-16 23:17:27 · answer #5 · answered by silkieladyinthecity 3 · 2⤊ 0⤋
no longer genuine. section 103 of the act extends the hassle-free protections to guarantors, suretys, and others who might nicely be secondarily in charge. pass on your base legal workplace for added data. They take care of SCRA subject concerns each and every of the time.
2016-10-04 01:44:23 · answer #6 · answered by ? 4 · 0⤊ 0⤋
talk to the legal department on your base if you have one. if not then just go up your chain of command. also report them to BBB
2006-11-16 23:08:44 · answer #7 · answered by military and veteran advocate 6 · 1⤊ 0⤋