Consumer complaint received 2022-03-16
Company: Gurstel Law Firm, P.C.
State: AZ
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I have an old credit card debt now owned by XXXX XXXX XXXX. They have placed the debt with a debt collection law practice called Gurstel Law Firm. 

On XX/XX/2022, I called XXXX who referred me to Gurstel. I called Gurstel and I spoke to a representative named XXXX XXXX, who said it was unclear whether they were still retained and to call back the next day. 

On XX/XX/2022 ( a Friday ), I called XXXX XXXX again at Gurstel, who told me the same thing and to try again Monday or Tuesday, but that if it were Tuesday, he'd be out of the office for a period of time and so to speak to any other rep. 

On XX/XX/2022, I called five times but no one ever answered at any number I was able to find for Gurstel. 

On XX/XX/2022, I spoke to another representative at Gurstel, and started the process to make payment arrangements on this account. The representative falsely told me that as part of this process they were required -- REQUIRED -- by the State of Arizona to charge interest ( false statement 1 ). When I said -- and this call was recorded, as all calls to Gurstel are -- that no, charging interest was optional, and they didn't " have '' to, he repeated the statement ( false statement 2 ). When I stated then that they would be charging the full 10 % interest that the State of Arizona allows to be collected on debtor judgments, he said, no, he couldn't tell me what the interest would be, but that it might be 4 or 5 % ( again, falsely stating the facts : If the State of Arizona mandated they charge interest, that rate would be fixed by statute. ) This call lasted XXXX minutes, originating at XXXX XXXX from my personal mobile device. 

DESPITE my reservations about having been lied to, I still went ahead and set up an agreement to pay off this debt, including providing my account numbers and setting up payments to wipe out this debt in 24 months with no reduction or settlement ( and including the " mandated '' interest. ) This representative said they would be sending out a Note and Confession of Judgment ( not his words, but in fact, if not specification ) and to return them immediately. Again, despite my reservations, I agreed. 

Today -- XX/XX/2022 -- I received a letter dated XX/XX/XXXX from Gurstel Law Firm informing me they had NOT received the Note & Confession requiring me to sign the Note & Confession and return it to them within 7 days. 

This is now where I draw the line : They're setting me up to sue me because I " violated my agreement. '' I spoke to the representative ON THE TENTH. The earliest the Note & Confession could have been postmarked would've been the ELEVENTH. They're giving me 7 days to sign and return something I HAVE NOT EVEN RECEIVED YET ( assuming they even sent it. ) EVEN if it arrived tomorrow, the XXXX, -- and I doubt it will because I don't think the Note & Confession are even in the mail yet -- the EARLIEST they could POSSIBLY receive it would be Friday the XXXX, and there's probably a very good chance they wouldn't until their arbitrary and unnecessary -- they already have my account information to process payments! -- deadline had passed. Factoring this absurd manipulation into their repeated violations of the FDCPA

Company response to consumer: Closed with explanation