Consumer complaint received 2023-11-08
Company: Premier Auto Credit
State: CA
Product: Debt collection
Sub-product: Auto debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I am so glad I found out about you. Hopefully you can help me with a problem I am having. Recently I have been doing my best to clean up my credit so I can buy a home which my family deserves. I have been doing whatever I can to try and pay off any creditors or collectors who I owed money to from when I fell into hard times. For the most part, I have succeeded. I am proud to say that by the grace of God, I have worked out several deals with the people I owe money to with the assistance of XXXX XXXX XXXX. Several of them have been paid as well. I have gone as far as to borrow money so I can finally be debt free at least as my creditors are concerned. The one company that hasn't been paid is XXXX XXXX XXXX. They haven't been paid not because of my negligence, but because they are comporting themselves in a fashion which shows me they are untrustworthy. For a full disclosure, I am letting you know that I have been shown and listened to all the recordings of all the calls made as well as all the conversations with XXXX XXXX XXXX, and I am very upset. 

Back on the XXXX XXXX XXXX XXXX XXXX XXXX  submitted representation to XXXX XXXX on my behalf along with many other companies. They began the process of settling or negotiating with many creditors and collectors for me. On the XXXX XXXX XXXX they requested a settlement in the amount of XXXX XXXX of what I owed. The amount owed was {$5100.00}. In that call they spoke with a XXXX who said he would contact his client to see if they would settle this debt in the spirit of good negotiations. XXXX said he would get back to them in 72 hours. Over the next few days, XXXX XXXX XXXX would check back with XXXX XXXX XXXX, but XXXX was not available. Finally, on XX/XX/XXXX, they were able to reach XXXX. In that call, they renegotiated for {$2200.00} as the 40 % was a bit too low. XXXX asked XXXX XXXX XXXX if he gets the {$2200.00} deal how would I pay them. XXXX was informed I would pay him on the spot with card even though there was a {$66.00} processing fee. After some more detailing of the negotiation, XXXX said he would have a settlement offer sent out the next day so we can pay them off. I do want to point out that it was this conversation which first raised my suspicion that something funny was going on. What happened was that in this conversation, XXXX was asking if we needed a settlement letter before we paid the amount to which ultimately XXXX XXXX XXXX confirmed. I am sad to say this letter never came. 

When the letter which was promised never arrived, XXXX XXXX XXXX called XXXX XXXX XXXX multiple times on XX/XX/XXXX as they still hadn't received the settlement letter. Again, they couldn't get a hold of XXXX. After multiple phone calls, they were able to get a hold of a supervisor named XXXX XXXX. To make this story short, XXXX was informed there was a settlement in play for {$2200.00} which was approved by XXXX. XXXX said he didn't care as his client 's parameters were XXXX XXXX of some convoluted formula I didn't quite understand. It ended up being {$2600.00}. XXXX also said there weren't any notes on the file stating as such. There were only notes saying I was offered {$2600.00}. We informed him to listen to the recording and he would see there was in fact an offer for {$2200.00} made by XXXX. XXXX again said there wasn't any notes on that conversation, and it was irrelevant. His client parameters were XXXX XXXX  and that's what he's going to go with. That was the end of that call. 

To many others who read this it might seem like I am crying over not getting what I want. Please rest assured this complaint goes far beyond that. At first, I didn't realize how severe the ramifications or the implications of what had just transpired really were. I just knew it was wrong. With the assistance of the recordings and looking up the Fair Debt Collection Practices Act with the guidance of XXXX XXXX XXXX, I now know how bad this whole scenario has become. This is why I am writing this complaint to you now. 

Earlier today, the operating manager from XXXX XXXX XXXX was informed of the situation so he decided to call XXXX XXXX XXXX on my behalf to see if he can smooth things out. The first phone call he was placed on hold for nearly 9 minutes, and no one ever answered. He called again immediately and was able to get a hold of a XXXX XXXX. XXXX XXXX refused to give his full name even as he was demanding full names of XXXX XXXX XXXX representatives. To once again make this long story short, XXXX XXXX was informed we were trying to get a hold of XXXX and XXXX. XXXX XXXX decided to intervene and attempt to address this himself. He was told the call was regarding the negation of the settlement offer of {$2200.00} by XXXX after it was approved by XXXX. Somewhere along the conversation he was told that all the recordings were listened to and there was in fact an acceptance of {$2200.00} by XXXX and a promised settlement letter. Instead of attempting to assist, or address the issue, or transfer this to a supervisor or management, he started getting belligerent and argumentative and was asking if we had obtained permission to have the phone call recorded. 

XXXX XXXX went on and on about the recording permission and was acting in a matter-of-fact way. He was told in the phone call that their own company states the call is being recorded, but XXXX XXXX kept perseverating about obtaining permission and if we were following laws. Finally, the operating manager at XXXX XXXX XXXX got fed up and retorted to XXXX XXXX that if he was speaking about adhering to laws, then what was his company 's excuse for breaking the Fair Debt Collection Practices Act specifically the false or misleading representations or the unfair or deceptive means in collecting a debt. XXXX XXXX said he acknowledged that fact, but again he became very combative and again was demanding things such as full names even though he refused to give his own when being asked multiple times. That showed his cowardice and his intent to deceive as well as prove he was being anything but helpful as he refused to transfer the call to someone with authority to resolve this matter. 

This complaint is for the fact that we were being misled about a settlement in the amount of {$2200.00} being in play which was either a lie by XXXX in an attempt to get us to pay an amount which was never really in play, or by his supervisor XXXX trying to collect more money than what was agreed to. The fact that we were questioned about needing a settlement letter before payment was made only further proves there was intent. The fact that a supervisor or someone pretending to be a supervisor claims there was no notes of a settlement offer being extended to us when there is a recording and him refusing to even listen to it just keeps adding to the proof that there was a real intent to deceive by XXXX for misrepresenting the conversation and omitting crucial facts. Either that, or XXXX was trying to deceive me because there really was a {$2200.00} offer, but he refused to acknowledge it and just wanted more money out of me. This is no small matter. What if we had paid the settlement amount of {$2200.00} only to find out later that it didn't exist? The situation would have been far worse, and I would be, forgive my language, screwed. 

I now want to file this complaint against XXXX XXXX XXXX for breaking the F.D.C.P.A. and lying to me. Even if I wanted to pay them now, how can I trust that this next settlement they are claiming is good really is? How do I know they won't change their mind another time or claim that the notes on the conversation for {$2600.00} is even a good one? Or that they will say there are no notes on that conversation even though those recordings also exist? Or that those recordings are once again irrelevant? I'm sure you can understand my dilemma or my trepidation in dealing with XXXX XXXX XXXX any further. That in itself also leaves me in a very bad bind. If I don't resolve this account, then I won't be able to proceed in trying to buy a house because this will stand in my way. That is very unfair and wrong. Just because I fell into hard times in the past does not mean that I should have to be treated this way. I now am asking for your help in resolving this because I believe XXXX XXXX XXXX is untrustworthy and a bad collection agency which will say or do anything to collect from people regardless of any rules or regulations. 

I would like for XXXX XXXX XXXX to no longer be involved or in charge of this account as they are not comporting themselves in a way a collection agency is obligated to by law. They are more worried about being recorded than actually addressing their faults or empty promises. If I'm going to deal with anybody about this debt, then I would like to deal with Premier Auto Credit directly. I want XXXX XXXX XXXX to cancel this collection, stop reporting the collection on my credit report, and send the account back to Premier Auto Credit for me to resolve the debt with them.

Company public response: Company believes complaint caused principally by actions of third party outside the control or direction of the company
Company response to consumer: Closed with explanation