Consumer complaint received 2023-10-11
Company: Carpenter, Hazlewood, Delgado & Bolen, PLC
State: AZ
Product: Debt collection
Sub-product: Mortgage debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Seized or attempted to seize your property

Complaint:
Consumer Financial Protection Bureau XXXX XXXX XXXX Iowa XXXX, Iowa XXXX Re : Complaint Against Carpenter, Hazlewood, Delgado & Bolen LLP Dear Sir/Madam, I am writing to formally file a complaint against the law firm of Carpenter, Hazlewood , Delgado & Bolen LLP , regarding their refusal to provide a debt validation letter and the payoff balance of delinquent Homeowners ' Association ( HOA ) fees as requested by me. My point of contact at the law firm has been XXXX XXXX, an XXXX XXXX XXXX. Despite numerous requests, XXXX XXXX has repeatedly declined to furnish any documentation that would enable me to settle and pay off this debt. I have made XXXX significant contacts with XXXX XXXX, which I would like to detail here : XXXX. First Contact XXXX XXXX XXXX XXXX ) : On XXXX XXXX XXXX I had my initial contact with XXXX XXXX following my receipt of a contract lien foreclosure complaint. It is essential to note that prior to receiving this letter, I had initiated the application process with the Homeowner Assistance Fund ( HAF ) and the Arizona Department of Housing ( ADOH ) for mortgage assistance and assistance with the delinquent HOA debt. As part of the application process, I was required to provide documentation, including a statement from the condo, HOA, co-op, or other association showing the past due amount, to confirm a XXXX related hardship. During my conversation with XXXX XXXX, she informed me that she was unable to provide a payoff balance without serving me with a lawsuit, but she estimated it to be close to {$8800.00}. She mentioned that the exact amount would only be available after I was served, as all legal and filing fees needed to be calculated. This action directly contradicts the legal obligation of a debt collector to provide debt validation upon request. 

XXXX. Second Contact ( XX/XX/ ) : On XXXX XXXX XXXX  I made my second attempt to obtain a payoff balance from the law firm, this time by phone. During this conversation with XXXX, I explicitly requested a debt validation for the payoff balance to finalize my applications with ADOH and HAF. XXXX XXXX promised to send the necessary documents via email. Shortly after our conversation, I received an email from XXXX XXXX dated XXXX XXXX XXXX which raises serious concerns : [ Email from XXXX XXXX ] Subject : Regarding Lawsuit Service Date : XXXX XXXX XXXX  From : XXXX XXXX XXXX To : XXXX " I am seeing that you have not been served with a copy of the lawsuit yet. Before I can provide a balance due, we need to obtain service. Please advise if you would be willing to sign a waiver of service or if there is a good time to send out the process server. The process server has attempted three times so far and no one was home. '' The above email from XXXX XXXX highlights a disturbing violation of Carpenter, Hazlewood, Delgado & Bolen LLP 's legal obligations and compliance under the Fair Debt Collection Practices Act ( FDCPA ). This communication appears to be a form of entrapment or quid pro quo, as it implies that the provision of debt information is contingent upon serving me with a lawsuit. This strategy appears to manipulate me into signing a waiver of service form, which may then enable them to use predatory and harassing tactics to serve legal papers.

These actions and denials by Carpenter, Hazlewood, Delgado & Bolen LLP, as exhibited through XXXX XXXX 's communication, are in direct contradiction to the FDCPA, which mandates that debt collectors provide debt validation information upon request and refrain from engaging in unfair or deceptive practices.

I am filing this complaint to request the intervention of the Consumer Financial Protection Bureau in ensuring that Carpenter, Hazlewood, Delgado & Bolen LLP complies with its legal obligations under the FDCPA and promptly provides the requested debt validation information and payoff balance. 

Please investigate this matter and take appropriate actions to ensure that Carpenter, Hazlewood, Delgado & Bolen LLP complies with the law. I appreciate your prompt attention to this matter and request that you keep me informed of any actions taken as a result of this complaint. 

Thank you for your assistance in resolving this issue.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation