Consumer complaint received 2022-05-30
Company: Brown and Joseph, Ltd
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
When XXXX first contacted me, providing forms to request an insurance payment, my husband and I were ambivalent about making a claim, since we wanted to ensure submitting a claim request would not harm my mother ( XXXX XXXX ). However, XXXX insisted that this wasnt the case and pressed us to make a claim. Later XXXX contacted us after we were reassured that this claim wouldnt affect XXXX XXXX with a letter stating that although they had sent us the claim form initiating the payment, without which we would not have realized I was potentially eligible at all, they had overpaid in their processing and actually my " payout '' should have been {$0.00}. The letter XXXX sent stated that I had two options : pay back the amount I had been paid in full or this amount would be reported as taxable income. When we received this letter, we reached out to XXXX to better understand my father ( XXXX ) intentions. The purpose of this call was to ascertain what my deceased fathers wishes were and then consider our options. It was my understanding and my mother and siblings understanding that my father intended to leave us an amount of money upon his death. In addition, I decided to retain legal counsel to better understand my options, for which I was told I should obtain the most recent beneficiary list and payout amounts from XXXX to allow for appropriate discussion. 
Reaching out to XXXX to obtain this documentation was a lengthy process, involving numerous phone calls and follow-up during which both my husband and I received conflicting statements. Initially, I was told I could not obtain the information my legal representation had assured me the insurance company could and should be able to provide. After I specifically informed them my legal representation had told me they were able to provide this information, I was told XXXX would work on the item and that I should follow-up. I requested this information in writing, as requested, on XX/XX/2021. During the subsequent follow-up calls, my family was told various things, including a phone call around XX/XX/XXXX when XXXX informed my husband that the portion paid out is {$55000.00} and XXXX considers this matter closed. This particular statement came when my husband had asked about possible supplemental XXXX XXXX XXXX insurance. 
These conflicting claims made me very suspicious of XXXX, as it simpy doesnt make sense to me that they were just giving us money, or possibly not, while simultaneously discouraging me from making claims at the time. 
Finally, after following up for several weeks, I received the requested information from XXXX, which consisted of a hastily made XXXX spreadsheet with drop-down options that can be easily manipulated and additionally was specifically labeled not for legal purposes. 
At the advice of my legal counsel, I elected to wait for the tax forms XXXX was required to send out for XXXX  to see whether they considered the payment a legitimate insurance payment ( which seemed likely to me given the evidence provided ) or taxable income, at which point I intended to file my taxes and see if there were negative consequences. I never received a tax form from XXXX. Instead, I received a telephone call from XXXX XXXX XXXX XXXX XXXX. I immediately called the representative ( my voicemail had identified her as XXXX ) back, left a voicemail, and waited for her to return the call to request written information. I did not receive a call from XXXX XXXX XXXX XXXX XXXX, that day. I did receive a written notice, to which I responded that I consider the payment a legitimate payment. The documentation I received to this was a letter addressed to a XXXX XXXX, which is not my name, in what I presume is a standardized form the agency could not even be bothered to re-address. I responded to this letter with an explanation of the circumstances and documented that due to the inconsistent communication my family has had both before and since receiving the letter from XXXX regarding payment, we consider this payment valid until we are shown detailed legally binding documents that prove that we are not entitled to this money and that this debt is valid. 
I feel like XXXX is trying to strong-arm my grieving family into a conflict over money, harassing us, constantly changing its mind, and denying simple requests for documentation to which we are entitled. Beyond this, I believe the XXXX XXXX XXXX XXXX XXXX agency has violated collection practices by ignoring our calls and letters to dispute and sending a letter considering the debt valid early trying to strong-arm an invalid and uncollectable debt onto our credit report. 
We thankfully have receipts for our dispute letters, which were sent via registered mail with tracking numbers documenting receipts for the dates sent and received, as well as phone records showing we played phone tag with the agency through XXXX. We would appreciate any assistance to end what feels like a business misusing its money and connections to obtain money from a grieving family who lost their father in a horrific accident. Thank you for your time and help.

Company response to consumer: Closed with explanation