Consumer complaint received 2018-03-13
Company: Klima, Peters & Daly, P.A.
State: VA
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Told you not to respond to a lawsuit they filed against you

Complaint:
This complaint is being filed today with your agency ; The Consumer Financial Protection Bureau ( CFPB ) against the law firm and collection agency of Peroutka, Miller, Klima and Peters PA of XXXX, mD ( Collection agency license # XXXX ). I am not only requesting your involvement and assistance here but I also ask that you inturn foward this matter and it's entirety to both your governing agency ; The Federal Trade Commission ( FTC ) and the Maryland State Attorney General for review and consideration as well. I intend to bring to light and provide evidence supporting the abhorrently and blatantly evident debt collection practices exhibited in this matter by this invovled collection agency which have been intentionally predatorial, deceptive and unscupously enethical in nature and thus also seek the additional statutary damages of {$1000.00} under the strict liability law involving such violations of the Fair Debt Collection Practices Act ( FDCPA ). 

This matter, just one on many I'm certain, is a clear indication of the much needed enactment of your agency ( the CFPB ) combined with the necessitiated passage of both the FDCPA and the Dodd-Frank Wall Street Reform and Consumer Protection Acts as repeatedly and historically reported and forewaned by the FTC. Let this complaint be utilized to enforce and instill regulatory compliance governing the debt collection processes now in the the future. 

In summation, I closed my line of personal consumer credit with XXXX XXXX XXXX ( USA ), ending in # ... ... XXXX, in XX/XX/XXXX before falling into repayment default as a direct result of a temporary hardship invovling unemployment. 

After numerous unsuccessful collection attempts made by XXXX XXXX XXXX ( USA ) and a XXXX XXXX XXXX, demanding payment of approximately {$10000.00}, this account was deemed uncollectable and was therefore closed and " charged off '' by XXXX XXXX XXXX ( USA ) on or about XX/XX/XXXX which by its very defination means " written off as a loss for tax filing purposes ''. You'll find supporting documents verifying same of both the affidavit of XXXX XXXX dated XX/XX/XXXX which was submiited by this collection agency along with an attachment letter enclosed within a monthly statement of XXXX XXXX dated XX/XX/XXXX informing me of same. Worthy of notation, this " Charged Off '' supplement letter is the EXACT one provided to me by this collection agency which is supposedly to serve as their valid assignment here. Please note that this was sent to me by XXXX   XXXX nearly one year prior to this agency filing their request for judgment, approximately 10 months prior to receiving their initial letter of involvement dated XX/XX/XXXX yet only 1 month prior to receiving the initial correspondences of a XXXX XXXX XXXX, who were more accurately the actual " assignee '' of this collection matter and not Peroutka, Miller, Klima & Peters PA as they have tried to portray here A claim was later filed within the XXXX XXXX XXXX XXXX of XX/XX/XXXX by Peroutka, Miller, Klima & Peters PA ( both a law frim and a collection agency ; collection agency # XXXX ) of XXXX, mD seeking a Warrant in Debt Judgment for said matter. Their respective file # is XXXX. This collection agency intentionally and most deliberately misrepresented itself as an " assigned agent and or affiliate '' of XXXX XXXX XXXX ( USA ) for the purposes of collection and as of this writing, despite four written requests sent certified mail, has failed to provide adequate evidence of valid and specific assignment as alledged. 

Upon receipt of the respective summons and with the financial assistance of an immediate family member, I voluntarily initiated discussisons beginning on XX/XX/XXXX with this collection agency involving an immediate lump sum settlement of said matter. All telephone conversations were recorded by this agency. My fainal and immediate settlement offer of {$3500.00} ( approximately 35 % of monies sought ) was extended on XX/XX/XXXX. This offer was refused and this agency then countered with an immediate settlement offer of {$5000.00}. As this sum was not available, they immediately then suggested a repayment plan of {$6000.00} to be paid within monthly installments of {$75.00} due on the XX/XX/XXXX of every month, beginning XX/XX/XXXX, until satisfied, which I accepted. Kindly refer to their letter addressed to me dated XX/XX/XXXX confirming said details of our mutually agreed upon settlement terms. To date, I have honored and upheld these terms as mutually agreed. I am submitting 12 pages of numerous letters sent and receipts provided from this agency acknowledging their receipt of my timely payments and the implied acceptance of same. Please note that these monthly installments, as instructed, hve been made solely payable and directly to Peroutka, Miller, Klima & Peters and not to XXXX XXXX XXXX  as one might expect if truly acting as their " assigned agent and or affiliate '' as one might expect. 

I was initially confounded and rightfully very concerned when informed by this agency that the were NOT going to withdraw their claim for judgement despite having reached our agreed upon terms. I also couldn't fathom why this agency would refuse such a reasonable and immediate settlement off er but rather preferred to accept 80 consecutive monthly payments spread out over the next 6.5 years combined with them having to retain seperate council to represent their interests here locally within XXXX County. 

Futhermore and of most critical importance here, let it be known that I was repeatedly informed by this agency aka law firm that I " need not appear '' for the judgment hearing in that it was " just a matter of legal formality '' all while lending an ear of discern and concern, I might add. Transcripts of all recorded discussions have also been repeatedly requested and here again, not yet provided. 

As I was legally ignorant in such matters and did not posess the necessary funds to retain council, I embarked upon some research as none of this added up. It is now clearly evident that this collection agency was very deceptively and unscrupulously banking on having secured an automatically rendered default judgment in my absence ( as in 95 % of such claims including a pile of them jointly filed and heard before mine ) had I heeded their advise. It has been dult noted that they do not seek the {$6000.00} as one would reasonably expect here but rather {$10000.00} as indicated within both their initial Warrant in Debt Complaint and their respective Bill of Particulars dated XX/XX/XXXX which have been provided here. The later of which in of itself brings light to the copiously dubious and unethical ploys utilized by this agency within its dect collection practices by attempting to depict an entirely inaccurate, incomplete and legally unsupported portrayal within our respected Judicial System. 

For the sake of arguement, let us call an " apple '' an " apple ''. The said " plaintiff '' here is no longer XXXX XXXX XXXX  ( USA ) and Peroutka, Miller, Klima & Peters PA as not been " assigned '' the collection of this debt as we have very intentionally been lead to believe. It is more lilkely that they are indeed however its rightful owner who has since purchased this " charged off '' debt at the national average of .04 cents on the dollar ( thus approximately {$420.00} ) which should be legally mandated to be clealry revealed as such within similar circumstances. In all actuality, the collection agency itself should be listed as the involved " plaintiff '' here but then again, there would be no legal basis substantiating their continued pursuit seeking Judgment against me of the aforesaid amount, which now includes statutory interest and costs, as I have NOT " refused payment '' of their demands as they're inaccurately alleged and depicted within line 2 of their filed Bill Of Particulars which shall also be included here. 

Obviously, I did not heed the advise of the involved agency but rather appeared, as summoned, before Judge XXXX within the XXXX County District Court ( Case # XXXX ) on the scheduled hearing date of XX/XX/XXXX ( which was quite intimidating in of itself ) during which I requested a trial which was sewt for XX/XX/XXXX. As a court appointed attorney is not provided here in civil matters such as this while being totally ignorant of all respective proper legal protocols, proceddings and formats quite unlike this involved collection agency/law firm. Although quite willing, I was ill equipped to soley defend myself and have since been forced to acquire the assistance of legal council to represent my interest as the named " defendant '' eithin this matter. Judge XXXX has ordered a continuance of this trila presently set for XX/XX/XXXX ( which will be our 3rd court appearance ) as he felt a " closer examination '' of the evidence provided thus far within this proceeding was imperative and warranted. 

Also of grave concern is the very policy in place of this agency, along with many others of its kind, to not accept credit cards and or debit cards as a valid form of payment! Additinally, their respective website ( XXXX ) further mandates I not only provide my bank routing nmber and account number but also a " place of employment '' before accepting payment. Their very deliberate and calculated procedural behavior of the attempted deception blantantly exhibited here has left me fearful and without trust and faith while now regretting having so willingly, honestly and ignorantly provided them with such vital critical information. 

Worthy of naotation, let it be known that with the finacial assistance of this very same family memeber, i have since amicably and most willingly, mutually and satisfactorily settled 5 other matters of similar circumstances, OUTSIDE our our judicial  system, at an average of 35 % of initital monies sought which is ironically the EXACT amount that had been available and offered here as a means of acceptable resolution! I am not a so-called " dead beat '' for lack of a better term. I am a XXXX XXXX XXXX, single professional who had a credit reporting score of XXXX before falling into these most unfortunate circumstances involving unemployment. 

Due to upload size limitations for attachements on your website here, I will be faixing all supporting documents, totaling 27 pages, to XXXX while referencing this complaint. Of critical importance ; please be certain these include all legal proceedings ( Complaint, Bill of Particulars and Grounds of Defense ), a letter dated XX/XX/XXXX from a XXXX XXXX XXXX, letters dated XX/XX/XXXX & XX/XX/XXXX from Peroutka, Miller , Klima & Peters outlining the specifics of our mutually agreed upon settlement terms along with 10 additional pages from them acknowledging and confirming receipt of my monthly consecutive payments, 3 pages of my letters sent to them dated XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX repeatedly requesting they provide me with the necessary information to properly prepare for my defense in this trial and lastly ; a 2 page affidavit of a XXXX XXXX dated XX/XX/XXXX confirming the involved " charge off '' of XXXX XXXX XXXX ( USA ). 

In conclusion, let this matter reveal the true depths and concurrent practices still being utilized by those in the business of debt collection despuite the enactment of present day reforms and agencies, such as yours, intended to prevent such intentionally deceptive and unethical behavior. It has become blatantly evident here that there remains further need for assurance of regulatory compliance as these collection agencies aka law firms continue to unscroupulously prey on the poor, the legally ignorant and unfortunate, such as myself, while disgracefully exploiting our respected Judicial System wile flooding and ladening it, often without having to establish nor satisfy the rudimentary requirements of involved evidential substantiation, with nothing more than the sole intent of securing enourmously profitable personal gains. 

I not only request that Peroutka, Miller, Klima & Peters PA immediately withdraw their unfounded complaint seeking Judgment against me but further more, also agree to accept all monies paid to date, specifically {$420.00}, as a final resolution of this matter and to then rightfully repoort this matter as " satisfactorily settled and satisfied in full '' with all respective credit reporting agencies and bureaus. 

While serving simultaneously as a means of personal retribution for the undo harm, distress and resulting broken faith in justice and the systems currently in place as well as a deterrence of similar adhorrent professioanl conduct which is in direct violation of the very code of ethics governing its legal profession ; I respectfully and most humbly request Peroutka, Miller, Klima & Peters PA of XXXX, MD be ordered to pay the {$1000.00} in statuary damages as afforded under the srtict liabilty law involving auch violations of the FDCPA as previously indicated within paragraph one here. 

In the interim and in the continued preparation of my defense here, I AGAIN request the UNEDITED transcripts of all recorded conversations with this agency held on XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX as well as all proper evidence itemized within Section 3 of my filed Grounds of Defense be provided to me.

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