Consumer complaint received 2022-12-31
Company: Nathan & Nathan, P.C.
State: MS
Product: Debt collection
Sub-product: Private student loan debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
This is in reference to both accounts at Nathan and Nathan : XX/XX/XXXX My XXXXXXXX mother gave me an envelope with my name on it that came to her address. This has not been my address since XXXX, so I was surprised to receive any mail. Per the letter, I contacted Nathan and Nathan and the male stated that it was a summons for me to be in court the following week for defaulted student loans. However, he indicated that if I agree to a payment plan of {$25.00} then I would not have to go to court, thus a judgement will not be entered. He also told me to quickly sign the papers and send it back so they can get it before the court date of next week. I questioned the validity of the debt and consistently ask if this was fraudulently, because I wasn't aware I had a debt and I had not received any prior communications from this firm. During this time, I was also XXXX  from XXXX XXXX conditions and I was having personal problems, which made it difficult for me to grasp what was happening. In addition, my mother who had XXXX XXXX XXXX was worried. As a result and out of immense pressure from the representative, I took his offer of a payment plan. 

XX/XX/XXXX I called Nathan and Nathan and spoke with XXXX XXXX XXXX who told me that I would have to increase my {$25.00} payment to {$150.00} per month or they were going to start garnishing my bank account without any notification because they had a judgement against me. I was unaware of a judgement. I was never served. Prior to the envelope received by my XXXX mother, I had no knowledge of Nathan and Nathan. Mail for me has not come to my mother 's address in over 20 years. Why would Nathan and Nathan use it as this was not my most recent address and my address is listed on the loan documents they have. When I told XXXX XXXX that I could not afford {$150.00} per month, he became overly aggressive and totally unprofessional repeatedly saying, " you have to come up off that money. '' I called back several times and each person indicated that I could only talk with XXXX XXXX XXXX. I finally convinced a lady name XXXX to talk to me. I told her my situation and almost after a one hour phone call, she indicated that she would have to send a letter to the Attorney General to request that my payments resume at {$25.00}. XXXX led me to believe that my file was in either the XXXX Attorney General 's office or the XXXX  XXXX 's office ( since that was where their office was located ). I called both AG 's offices and was told that they do not handle debt collection. This was very misleading. However, due to my fragile mental condition and XXXX called back to informed me that my request was " approved, '' I did not push the issue further. 

XX/XX/XXXX I sent a certified letter to Nathan and Nathan requesting the following, but I did not receive a response ( see attachments : Debt Validation request and Certified Mail receipt ) : Copy and proof that an initial communication about the debt was mailed to my address Recorded conversation of someone calling me about the debt before filing them in court Copy of my signature showing that I signed for the served documents. 

Copy of an actual court date notice within 1 week of the complaint date Proof that a copy of the judgement was mailed to my address Current copy of statement on the same loan Owner of the debt Because of the numerous monetary discrepancies in the document, a detailed billing statement is requested starting with the original loan date. Include an itemization showing the dates and amounts of each added amount. In addition, explain how the added interest, fees or other charges were calculating, separating XXXX  from the fixed interest rates and other charges expressly authorized by the agreement creating the debt. Per the contract, the capitalization interest applies to XXXX, not Nathan and Nathan. 

XX/XX/XXXX @ XXXX XXXX - I received a call from XXXX on behalf of Nathan and Nathan verifying that my payments was {$25.00} per month. I asked XXXX how much I owed on each loan and what was my interest rate. He indicated the amounts and said that he was unsure about the interest rates. I told him that I don't owe the balance and I do not understand how I have a judgement against me. XXXX then indicated that I do not have any judgements against me. This is conflicting information. 

XX/XX/XXXX After 30 days, I still had not receive a response to my debt validation request. from XX/XX/XXXX. On XX/XX/XXXX I contacted Attorney Last to make the same request and to forgo any futher communication with XXXX XXXX XXXX ( see attachment : Validation request 2nd request ). 

XX/XX/XXXX More than 3 months later, Nathan and Nathan sent over a debt validation letter. However, it was the same copies that I received on XX/XX/XXXX ( see attachments : Correspondence between Attorney Last and Nathan and Nathan I, II, and III ). As stated in my letter to Nathan and Nathan, there are a number of discrepancies on the amount they claim I owe and whether I owe it : 1 ) According to Exhibit E annexed in the complaint, a sum of {$10000.00} remained due despite the activity on the account and having made repayments of the said loan. Moreover, the charge off was XXXX which is more that than the balance. In addition, the firm stated that I owe {$13000.00}, but the payment arrangement total is {$13000.00}. Per the contract, the capitalization interest applies to XXXX, not Nathan and Nathan.

2 ) The debts are time barred because the charge off date was XX/XX/XXXX. 
3 ) It is illegal to collect on discharged debt ( see attachment : Cancellation of Debt Form ). 

XX/XX/XXXX - To avoid retaliation from Nathan and Nathan for filing this complaint, I requested a permanent payment plan in writing through Attorney Last to ensure that they don't move forward with a judgement. I received a permanent plan for one of my accounts but not for the other one. Attorney Last sent another letter to Nathan and Nathan on XX/XX/XXXX requesting a permanent payment plan for the other account. However, as of today, XX/XX/XXXX, they have not replied ( see attachments Payment arrangement I, II ). I am paying on two accounts in which I do not owe and one of which, I was only told about and never received any proof that it even exists. 

Finally, I have no way of seeing what I owe because Nathan and Nathan does not send out balance statements and there is no access to see balances.

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