Consumer complaint received 2019-11-25
Company: Alliance CAS, LLC
State: MN
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
The HOA fees for XXXX XXXX XXXX, XXXX XXXX, FL XXXX ( Property located within the gated community called XXXX XXXX at XXXX ) have been paid historically by my tenant, and have been for years. As of XX/XX/2019 I learned that this process was not working in a timely fashion and that there would need to be changes in the account/billing information to ensure the dues would be paid on-time. Over the last 5 months the XXXX XXXX XXXX accounting process has not made the requisite address changes and not communicated directly with me ( the owner ) about the dues. Additionally, I discovered that the payment made to collections in XXXX was not applied in a timely fashion, allowing Alliance CAS ( the collections company engaged by XXXX XXXX  XXXX ) to charge additional late fees and interest, keeping my account in collections. I was not informed of that and believed my account to be in good standing. As a result of this failure to communicate, I have had to endure over {$1000.00} in additional fees and a property lien. I hereby request a refund of those fees. Below is the account of my interactions. 

On XX/XX/XXXX, I was made aware by my tenant that the HOA fees were in arrears and had been sent to collections ( Alliance CAS ) ; this was the first indication that the HOA dues payment process was not working. I immediately called the collections agency, told them my intent to send payment immediately and asked them to contact me directly at my address in MN  in future. I sent a check 2-day overnight mail for the amount owed ( shipment receipt attached ). I then called the XXXX XXXX  XXXX directly and left a message for accounting ( as directed by the IVR prompts ) with my contact information, including my phone number physical address in Minnesota. I explained that if the account was in arrears again, I was to be notified immediately so I could correct. No one returned my call. I assumed the information had been documented. 
On XX/XX/XXXX I was notified by my tenant that the fees were again in arrears, and that the amount owed was {$990.00}. I immediately contacted the HOA accounting department to inform them that I was sending a check overnight for the full amount ( delivered XX/XX/XXXX ) and that they needed to call me immediately to that the billing address could be changed to my physical address to ensure prompt payment. I did not receive a response. 
On XX/XX/XXXX, I began to be concerned that there was no return phone call and I had not received a physical bill. I called the office and left a message for accounting asking for a return call to ensure change of address. No response. 
On XX/XX/XXXX, I again called the accounting team and left a message requesting a call. No response. 
On XX/XX/XXXX, I again called the office and in addition to the message for accounting, I left a message in the general voice mail box expressing my displeasure and that my intent was to call every day until I received a response. 
On XX/XX/XXXX, I received my first call back from XXXX ( who I later discovered is the office manager ). I explained that the billing address needed to be changed so the HOA fees could be paid promptly. I gave her my contact information, including email address. She forwarded me to XXXX. I called back and spoke to XXXX again expressing my concern that I do not receive any response from accounting and asked her to ensure I got a response. XXXX said she would walk down to accounting and ensure they changed the address. 
On XX/XX/XXXX, XXXX from accounting emailed my tenant and asked her for the change of address information. Luckily, my tenant forwarded the email to me same day. I responded to XXXX, copy XXXX, and again requested updated contact information. 
In late XXXX, I began to be concerned that I still had not received a bill for the XXXX HOA fees. To ensure the account would stay current, I sent a check proactively in the amount of {$300.00} to XXXX XXXX XXXX for delivery by XX/XX/XXXX. ( I guessed at the amount as I was unsure of the exact fees. ) At this point I believed the account was current and that I would receive a bill for the XXXX dues. 
On XX/XX/XXXX ( Saturday ), I received a notice to my address in Minnesota informing me a lien had been placed on my property by Alliance CAS. I was shocked and angered as I had been proactively sent payment and had spent so much time and effort ensuring the contact information was corrected. I left a message for XXXX aXXXX XXXX on their voice mail, as well as sending an email to XXXX ( the only person to respond to me ) On XX/XX/XXXX ( Monday  ), I called the collections agency and spoke with XXXX. She insisted an initial claims letter was mailed and because I had not responded, the lien had to be placed. I insisted this was the first communication I received. After investigation, XXXX informed me that the initial letter was sent to my tenant, with a read/receipt notice dated XX/XX/XXXX. I was not informed of this letter, nor did I receive any communications regarding collections via my physical address, email or telephone. This left me incredulous as to how the account could be in collections with payment received in full on XX/XX/XXXX, along with a communication to XXXX XXXX XXXX to inform them that the payment was on its way. XXXX agreed to send me all documentation including the account ledger and collections letters via email. 
On XX/XX/XXXX, my {$990.00} payment was credited to the account - after it was sent from XXXX XXXX  XXXX to Alliance CAS. From XX/XX/XXXX through XX/XX/XXXX the funds resided in the ccounts of XXXX XXXX  XXXX. Alliance CAS paid themselves first, leaving my account balance again short. Given the dates, clearly my payment and request for updated contact information had been received *before* my tenant was in receipt of the collections letter on XX/XX/XXXX regardless of whether or not I was informed. 
After my discussion with XXXX, I called XXXX XXXX  XXXX again to understand the error. XXXX was able to get someone in accounting to answer my call ( XXXX? ).  The accounting clerk informed me that the account had been sent to collections on XX/XX/XXXX and that by law they were unable to talk to me once that occurred, therefore no one was ever going to call me back. I did not know it was in collections until the lien letter received on XX/XX/XXXX. So, despite my proactive communications on 6 separate occasions no one informed me that the account was in collections. I had continued to send checks in good faith without receiving any information. I was informed at that point there was nothing that could be done except by the owners and that they would have her call me back. I also left a message for XXXX XXXX to return my call as I was now responsible for additional in fees, lien preparation and interest. This seemed unfair given the lack of communications from the agency and all my good faith payment efforts. 
On XX/XX/XXXX, at XXXX I received a call from XXXX XXXX. I went through the explanation again of all the communication and requested the additional fees be eliminated. She was of the opinion that this was my issue, they had acted correctly in all ways, and that my only recourse was to write a letter to the HOA Board and request a refund. On this call, I asked her to confirm the contact information had been updated. It had not. My email address had been added. XXXX informed me I would need to submit in writing which I had already done on XX/XX/XXXX. I then forwarded my original written request to XXXX on to XXXX. 
Also on XX/XX/XXXX, at XXXX I received a return call from XXXX. He sympathized with my plight and the inability of common sense to apply in this situation. He asked me to clear the ledger, and assured me he would look into the issue. 
On XX/XX/XXXX, I left a message for XXXX to return my call and discuss payment. No response. 
On XX/XX/XXXX, I left a message for XXXX to return my call and discuss payment. No response. 
On XX/XX/XXXX, I decided to do my best to determine a payment and get the account cleared. Doing my best to interpret the accounting ledger, I determined the amount due was {$1600.00}. I submitted a payment on-line for {$1400.00} that plus the {$300.00} I had already sent for XXXX - should be more that enough to clear the debt. I then submitted my written account to all parties involved with a request for refund of all collection fees and interest from XX/XX/XXXX when you received my late payment in full. As of XX/XX/XXXX ( date of the ledger I have in my possession ) this  amount to {$1000.00} ( XXXX ). 
On XX/XX/XXXX I submitted the entirety of this series of events to the HOA Board of Directors XXXX XXXX XXXX XXXX and Alliance CAS. I included my discovery that because of misapplication of payment made on XX/XX/XXXX, Alliance charged me additional fees that kept my account in collections AND that I was not informed to that effect. 
After all my challenges, I investigated all payments made via my bank, including the one on XXXX. I discovered that the XX/XX/XXXX check was cleared into Alliance CAS accounts on XX/XX/XXXX. It was not credited into my account until XX/XX/XXXX. On XX/XX/XXXX, late fees and additional interest were applied in the amount of {$35.00}. This kept my account in collections status without me ever being informed. 
On XX/XX/XXXX I was informed that the Board rejected my request for the fee reimbursement. 

exhibits : shipping receipt, phone records, email communications, account ledger, payment receipt, cancelled check

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