Consumer complaint received 2023-07-18
Company: Southwest Mediation Service
State: NJ
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to sue you for very old debt

Complaint:
I received a call on XX/XX/XXXX from XXXX at Southwest Mediation services. The phone number was XXXX. XXXX left a message saying that I was " directly involved in a potential civil action. '' I returned the call. XXXX told me, " I am not a debt collector, I am a mediator. '' She explained that she represented a firm called XXXX, from which I had allegedly obtained a 5 year subscription to a number of magazines. She told me that these magazines were delivered to me at XXXX XXXX XXXX XXXX ( I presume in XXXX XXXX, because this address is near where I now live ). In subsequent communication via the XXXX XXXX XXXX complaint system ( I received a reply on XX/XX/XXXX after filing a complaint on the XXXX ) the company says I did this " while employed at XXXX XXXX XXXXXXXX XXXX XXXX In the original call, XXXX said that I stopped paying this subscription at some point before XXXX, at which time it was taken to collections. She said that XXXX was now going to sue me for {$4100.00}, and that she needed to " decide how she would rule on this. '' She wanted me to settle the alleged debt for a smaller amount, and she was prepared to take payment directly. 

I have never subscribed to these magazines, have never lived or worked at that address, and did not even live in New Jersey at the time this " contract '' was allegedly executed. No collections have ever appeared on my credit report. The caller spoke as if they were an officer of the court, and attempted to strong arm me into paying. They said I would be sued if I didn't pay. And even if the subscription defaulted in XXXX ( which I adamantly deny ), the statute of limitations for collection has run out anyway. And we won't even start on how to get {$4100.00} out of a default on a magazine subscription. 

This firm is probably just committing a fraud, but are at best a debt collector masquerading as some kind of court-authorized official. They are not a mediator. For mediation to occur, both parties must voluntarily enter into mediation. I have not done that. A mediator hears both sides, and uses that information to render a fair decision. They provide only one side of the case, and do not listen to the other side at all. A mediator would listen to one party saying that they have evidence that the claim of the other party is false. Instead, they lean on one party at the behest of the other. And, they want that party to pay them directly, to make the case go away. A mediator would not do this. So they are a debt collector. Even the language they use in response to my complaint and throughout on the XXXX site ( We will send this account back as refusal to pay ) is the language of a debt collector. 

But far from collecting a legitimate contract debt, I believe this firm is simply perpetuating a fraud, which judging from the depth and breadth of complaints against them on the XXXX side, is widespread.

Company response to consumer: Closed with explanation