Consumer complaint received 2018-03-13
Company: RAB PERFORMANCE RECOVERIES, LLC
State: IA
Product: Debt collection
Sub-product: Other debt
Issue: Communication tactics
Sub-issue: Frequent or repeated calls

Complaint:
XX/XX/XXXX XXXX XXXX  Called RAB at XXXX left voice message with account number and name with request to make an offer. 

XX/XX/XXXX XXXX XXXX Received voice mail message from XXXX XXXX ( sp ) with request to discuss the settlement offer. XXXX is not a lawyer, but works for XXXX XXXX XXXX in Omaha for collections. 

XX/XX/XXXX XXXX XXXX Returned call to XXXX XXXX at XXXX, Ex XXXX regarding payoff. He claimed they payoff amount was {$15000.00} which included the original Lien of {$13000.00} + court cost + it was accruing interest at {$0.00} / day. I claimed that it may not be lawful to accruing interest. He said it was court appointed. In later review of the case document, I believe it read something differently. The call was recorded. 

XXXX made an offer to settle at {$0.00} on the dollar or {$10000.00}. As an agent for RAB, he did not have authority to negotiate below that amount. I claimed that RAB bought the debt at {$0.00} on the dollar and that the offer to settle was too much. I counter offered at {$500.00}. XXXX stated that an offer of {$4000.00} had already been made / rejected on XX/XX/XXXX and that he would not take a lower than {$4000.00} offer to RAB. I pressed him, that as an agent, who had no ability to negotiate, that he needs to take the offer to RAB as it has been 5+ years. 

After some back and forth, XXXX agreed to present the good faith offer of {$500.00} to XXXX and that he would call me back for the result. I told him that I could wait forever and it doesnt really matter to me. 

XXXX XXXX XXXX  Called XXXX, left voice mail regarding the {$500.00} offer and inquiring about its status. Would be expecting a call back on XXXX. Did not get a call back. 

XX/XX/XXXX XXXX XXXX Called XXXX, left voice mail regarding the {$500.00} offer and inquiring about its status. Would be expecting a call back on XX/XX/XXXX. Did not get a call back XX/XX/XXXX XXXX XXXX Called XXXX, discussed the case, he verified information. They represent RAB as the client. He did NOT make the presentation of the {$500.00} good faith offer to RAB as we had discussed after I claimed that he was unwilling in the first call, it appears that he was unwilling on XX/XX/XXXX. He claimed, that he was once again only authorized to settle at 70 % of the value and that he was not going to take a {$500.00} offer to RAB when a {$4000.00} had already been submitted and was less. The rationale is that it is 5 years later. I advised that I was going to escalate this to the Secretary of State in New Jersey and Consumer Finance Protection Bureau. He said, good luck and hung up.

XX/XX/XXXX Sent this same letter with back-up via USPS Certified Mail to RAB at the XXXX XXXX XXXX, XXXX XXXX, XXXX, NJ Address. 
The letter was returned to Sender on XX/XX/XXXX as no forwarding address at been provided by RAB. 

XX/XX/XXXX Re-sending this letter / packet to RAB at the XXXX, NJ Address via XXXX. Tracking was utilized XX/XX/XXXX XXXX pm Tracking complete. The package / letter was signed for by XXXX XXXX at XXXX XXXX  on XX/XX/XXXX. 

Have not received any contact since the letter was sent making the offer directly in good faith. This indicates an unwillingness to negotiate in good faith and is the basis of this complaint.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation