Consumer complaint received 2023-03-25
Company: Axela Technologies, Inc
State: FL
Product: Debt collection
Sub-product: Other debt
Issue: Communication tactics
Sub-issue: You told them to stop contacting you, but they keep trying

Complaint:
The collection agency Schwartz Vays sent a collection letter with no date on it. The envelope had no postmark date. In accordance with The Fair Debt Collection Practices Act ( FDCPA ), the letter stated : " If you contact us through your online account or write to us by XX/XX/XXXX, we must stop collection on any amount you dispute until we send you information that shows you owe the debt. 

On XX/XX/XXXX, we replied before the deadline to Schwartz Vays, delivery via US First Class mail and certified mail, disputing the debt and asking for documentation. The collection agency signed for the certified letter on XX/XX/XXXX. 

On XX/XX/XXXX, XXXX, an agent at Schwartz Vays, called my husband on his work phone during work hours. The agent denied any knowledge of a letter. Then, XXXX XXXX, a supervisor, also denied knowledge of a letter despite two copies being sent. After being informed of a certified receipt, XXXX XXXX said he would look for the letters. 

On XX/XX/XXXX, XXXX XXXX said he needed more time to investigate and that collection activity was on hold while the issue was under dispute. 

Then, on XX/XX/XXXX, we received a " Notice of Late Assessment '' dated XX/XX/XXXX from Schwartz Vays which appeared to be sent before the deadline of XX/XX/XXXX as noted on the collection letter. XXXX XXXX had lied about putting collection action on hold. XXXX XXXX said I needed to provide an email address to them and that I would be getting letters from them in the mail, and then he hung up. He would not provide any information on the status of the dispute. 

Next, on XX/XX/XXXX, we received two notices titled " Notice of Intent to Record a Claim of Lien '' dated XX/XX/XXXX, and a notice titled " Notice of Late Assessment '' dated XX/XX/XXXX. Both notices were issued on the same date. 

According to the " Notice of Late Assessment, '' it states " this letter shall serve as the association 's notice of its intent to proceed with further collection action against your property no sooner than 30 days of the date of this letter, unless you pay in full the amounts set forth below : '' Since the date on the Notice of Late Assessment is XX/XX/XXXX, there should not have been any further collection action until after XX/XX/XXXX. 

Yet, Schwartz Vays sent the two additional Notices of Intent to Record a Claim of Lien without complying with the period specified on the Notice of Late Assessment. These actions violate the Fair Debt Collection Practices Act ( FDCPA ) and Florida Statutes. Chapter 720.3085 of the Florida Statutes states : NOTICE OF LATE ASSESSMENT RE : Parcel of ( name of association ) The following amounts are currently due on your account to ( name of association ), and must be paid within 30 days after the date of this letter. This letter shall serve as the associations notice to proceed with further collection action against your property no sooner than 30 days after the date of this letter, unless you pay in full the amounts set forth below : Schwartz Vays has acted unprofessionally, dishonestly, recklessly and in wanton disregard of the Fair Debt Collection Practices Act as well as Florida Statutes. Schwartz Vays has brazenly violated federal and state laws, not once, but five times thus far by failing to put collection action on hold while the debt was being disputed, made a harassing collection call after receipt of a certified letter of dispute, failed to provide the requested information, gave false statements about their collection activity, proceeded with escalating collection activity before lawfully permitted, and has refused to answer any questions. 

Because of their violation of federal and state laws and the bewildering onslaught of notices, I have no idea what stage of collection activity my account should be in. I have been denied the right to dispute the debt and to obtain verification. Schwartz Vays has denied due process and has inappropriately damaged my credit. Unless they are stopped, I believe that Schwartz Vays will process a Lien against my property before lawfully permitted and without having provided any validation of the debt. Schwartz Vays should be formally reprimanded and fined for their egregious collection practices.

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