Consumer complaint received 2018-10-13
Company: HW Holding, Inc
State: FL
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Dear CFPB, i am sending this letter to you as the Realtor is attempting to collect a debt. He used deception to get to sign an Independent Contractor Agreement by giving me sidebar discussions that he would not enforce the Contractor agreement under certain conditions. I am hopeful that you can help to resolve this matter. Thank you. 




XX/XX/XXXX Complaint Division XXXX XXXX XXXX XXXX XXXX, FL XXXX Complaint Division Re : Complaint # XXXX Dear Complaint Division, I submitted pertinent info regarding my complaint raised against XXXX XXXX and XXXX XXXX. Since my complaint sent to you I have received an attorney referral that XXXX XXXX has retained Hunter & Warfield to collect the contested debt. I have provided copies of the following : Independent Contractor Agreement ( Exhibit A ) Addendum to Independent Contractor Agreement. ( Exhibit B ) Copy of the letters from Hunter and Warfield ( collection agency ) ( Exhibit C ) Itemized Invoice ( Exhibit D ) Email Advising me of Payment of the separation fee ( Exhibit E ) I will give a narrative of the following : What transpired Discuss the items that he is wishing to collect upon XXXX  failure to provide the resources that were promised in the XX/XX/XXXX meeting Some of the improprieties that XXXX XXXX teaches in his training session. 

What am I seeking? 
I am seeking that XXXX XXXX XXXX forever halts all collection activity and provides me a letter stating they will no longer pursue their claimed indebtedness against me. 
What Transpired In XX/XX/XXXX, I received a call from XXXX XXXX from XXXX XXXX. Her call was intended to recruit me to join the XXXX XXXX. At the time I had been with the XXXX XXXX XXXX in XXXX XXXX XXXX. I had received my XXXX XXXX XXXX XXXX license in XX/XX/XXXX and had yet to have earn any money on a closing. At the time of XXXX call, I had returned to my full-time position as a XXXX XXXX XXXX and had begun to question whether I was suited to be a XXXX XXXX XXXX. 
When I talked with her she explained to me that we offered solutions to recruits that no other XXXX XXXX XXXX offered. 
Free Classes to take qualify you to take the Sales Associate Exam ( I already had my license at the time ) Free XXXX XXXX XXXX Sales training courses. 
When I talked with her and later with Mr. XXXX I explained that if I was to change agencies I needed the following : An advanced interactive Client Management System ( CMS ) The ability to take my existing prospects and convert them into the CMS with little to no formatting. 
Flexibility to take my XXXX XXXX XXXX as I was working a full time on a 2nd shift and needed to take courses in the mornings only. 
I was interested to join for the primary reason that I would not need to pay for my XXXX XXXX XXXX. XXXX offered FREE!!! courses and that they could convert my data into their robust CMS software. 
The result was that the person who was to help me convert my data, XXXX XXXX, was unable to do so. She kept coming back to me about additional formatting needed. I explained to her that my time was limited as I was working full time elsewhere and had only part time hours to give to my XXXX XXXX XXXX. 
Secondy, the CMS that I was promised by Mr. XXXX which was promised a rollout by XXXX or XX/XX/XXXX was never made available. I am not sure if it was ever rolled out as I left XXXX XXXX in XX/XX/XXXX. So I went from a Computerized CMS system that XXXX XXXX offered for free to using excel spreadsheets which was much more archaic than the system I had with XXXX XXXX. 
The XXXX XXXX XXXX that I was looking to take advantage were only offered on full day basis and the instructor would not make accommodations for my work schedule. Thus, I was not able to do so. 
THE MAIN REASONS I CAME TO XXXX XXXX FAILED TO DELIVER ON ANY OF THE PROMISES MADE TO ME!!!!! 
Where is the accountability for XXXX XXXX XXXX in failing to deliver on the promises made to lure me away from XXXX XXXX? Do I have rights to claim damages for promises not kept? 
SIGN UP WITH XXXX XXXX I met with XXXX XXXX on XX/XX/XXXX to sign the attached Independent Contractor Agreement ( EXHIBIT A ) and the Addendum ( EXHIBIT B ). 
HIS COMMENTS HE MADE AS THEY PERTAINED TO THE COSTS WERE AS FOLLOWS : The intent for placing these itemized costs was that I had instances where Sales Associates would come to join XXXX XXXX XXXX, enroll in the free education classes and leave once they either passed the Sales Associate exam or pass the XXXX XXXX Exam. 
He also stated. 
After SIX MONTHS TIME AND YOU ELECTED NOT TO GO WORK FOR A COMPETITOR I would have no intention of to collect upon any of the expenses listed in the Independent Contractor Addendum. 
We discussed that after a year if not sales volume was generated that maybe one would not be a good fit to sell Real Estate. With that in mind I agreed to sign the agreement. I have been a XXXX XXXX for XXXX  years. I went upon his word and the spirit of the conversation to sign the agreement, Afterall, I did not call them they called and solicited me to join. If I had the slightest notion that they would pursue remedies to collect these fees from me, I would have kindly walked away. I left the meeting thinking, I will give a year to this endeavor and then after a year, I would assess whether to continue or to let my license lapse. 
Fees and costs : Separation Fee {$1400.00} : As you can see no matter what happens, XXXX XXXX XXXX intends to collect a {$1400.00} separation fee either by collecting it directly from XXXX XXXX   or by generated commission volume. I once again contend that he explains in his presentation that he has no intention to collect after a 6-month tenure and effort. He contended in our XX/XX/XXXX signup meeting was he did not want to train a person, so he/she could move to another agency and that he had no intention of enforcement if a recruit stayed on with XXXX XXXX for at least 6 months. Therefore, it was my intention to stay and if decided to leave it would be because I would leave the profession altogether. On XX/XX/XXXX I sent him a note that I was not sure I was cut out to be a realtor. Rather than contacting me to encourage me to continue, I received an email from XXXX XXXX, Director of Human Resources advising me to pay {$1400.00} for the separation fee. In addition, my email with XXXX, and all of my portal sign-ons were shut off immediately. It seems apparent that Mr. XXXX could not wait it terminate me so that he could create grounds to collect his fees outlined in the Contractor Agreement. I forwarded the note to Mr. XXXX and reminded him of our conversation in the meeting. As you can see his response reads Everything is in Line with your independent contractor agreement. This whole thing reminds me of being an indentured servant. 
Please note that I did generate closing volume when I was with XXXX XXXX that predated my XX/XX/XXXX sign-on date. I made approximately {$1800.00} on the closing and asked Mr. XXXX as to equitable settlement for the closing. Please note the transaction did not run through XXXX XXXX XXXX and I could have pocketed the money without XXXX XXXX XXXX ever knowing. Instead I reached out to XXXX and we agreed upon an equitable settlement of {$300.00}. Please note that there is no accounting for the {$300.00} paid to XXXX XXXX XXXX ( refer to the itemized invoice in Exhibit D ) I Business Cards {$150.00} per box : I just checked business cards on the internet and you can get Realtor business cards for {$21.00}. 
Automobile Magnets {$140.00} : The cost for Automobile Magnets on the internet range from {$14.00} to {$21.00}. 
Shirts {$49.00} : The cost for Realtor polo shirts on the internet range from {$21.00} to {$29.00} Name Tags {$49.00} : The cost for name tags found on the internet range from {$5.00} to {$14.00} Company Email {$69.00}. How is the cost of an email address determined. XXXX, XXXX do not charge for an email address. 
Office Key Electronic Door access Code {$44.00} : I was not granted a key to any of the offices but to ensure that the office was armed if I was the last to leave from the XXXX XXXX office. How can anyone charge for giving you an access code so that you can ensure you are protecting XXXX XXXX XXXX assets? 
These hard costs appear to be outrageously high. There is no documentation given to me to support the costs listed on the Addendum ( Exhibit B ) ETC.. XXXX XXXX has the audacity to put an Etc category. The total costs listed are {$2000.00}. The letter I received from Hunter Warfield is {$2600.00}, Therefore the Etc.. cost equals {$600.00} and I have no Idea what the costs represents. Exhibit D is an invoice that I received from Hunter Warfield itemizing the cost to {$2000.00}, but in the same enclosed letter calls for {$2600.00}. 

Departure from XXXX XXXX, On or about XX/XX/XXXX ( 14 months after signing the Independent Contractor Agreements ) I sent a note to Mr. XXXX stating that I do not think Real Estate Business is for me. I described in the note above how XXXX went into action on XX/XX/XXXX, requiring payment for the separation fee. 
I just feel it appropriate to bring up XXXX other items in which he encourages new sales associates to perform. 
Encouraged recruits not to worry about violating the State and Federal Do not Call list. He did not feel it imperative to be vigilant in honoring those people who placed themselves on that list. If you called them just excuse yourself for the mix-up., Conclusion I joined XXXX for an improved Client Management System and to be able to format the data to feed into the CMS. Neither item was available for use. 
There is no way that I would sign up and commit to spending {$2000.00} unless I received assurances that I would not be held liable. Mr. XXXX assured me he had no intentions of enforcement providing that I did not go to a competitor and that I stayed on for at least 6 months as a Realtor with XXXX XXXX XXXX. 
The costs assigned appear to be inflated, there is no documentation given to support what the cost of a car magnet, name tag, business cards, email address, shirts, and office key ( which I never received ).  They have the audacity to put in a classification of etc, an attempt to charge {$600.00}. 
In light of the accounting practices witnessed, it may be deemed appropriate to do an audit relating to XXXX XXXX practices to charge for recruits items that they have yet to substantiate, charge for etc.. category ( where is that listed on the income statement ) and failed to credit me for a commission volume that I generated for XXXX XXXX XXXX. 
After 14 months, a simple email sent to Mr. XXXX questioning my ability to be a Realtor prompted XXXX to shut off all access to XXXX portals. The only conclusion I can draw from this was that he saw an opportunity to collect off from the Independent Contractor agreement. 
I ask in earnest of the Board to take swift action XXXX XXXX XXXX to intervene on my behalf to stop this agency from engaging in these deceptive practices. Furthermore, if they wish to use these contractor agreements that they make it clear that to work for XXXX XXXX XXXX, we will need to collect from you {$2000.00} in the event that you wish to leave XXXX. This sounds like slavery. The only way XXXX gets people to sign up is to assure he will not enforce the agreement if you stay for at least 6 months and promise not to go to a competitor. This is deceptive in order to get a recruit to sign up. If he was up front on his intentions it seems obvious that no one would sign up. There are 100s of real estate offices that do not try to collect when an agent elects to leave their offices. They sought me out. I have been a XXXX XXXX for XXXX  years and there is no way I would have signed the agreement unless I had assurances that he would not enforce in the event of at least a 6-mo stint and not to leave for a competitor. They advertise free education, free training, free stuff magnets, name tag business cards etc, but its not free. 
I want this office to leave me alone and forever halt all collection efforts. I would like that in writing from XXXX XXXX XXXX. 
I also hope that the XXXX  takes corrective measures that XXXX XXXX XXXX makes it crystal clear that an agent is on the hook for {$2000.00} if they sign up to XXXX XXXX XXXX. 

Sincerely, XXXX XXXX XXXX C.C. Consumer Finance Protection Bureau

Company public response: Company believes complaint represents an opportunity for improvement to better serve consumers
Company response to consumer: Closed with explanation