Consumer complaint received 2021-03-30
Company: Concord Servicing Corporation
State: CA
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I and my husband are XXXX XXXX timeshare owners in XXXX since XXXX. Since the start of our timeshare ownership, we have been paying our maintenance dues on a quarterly basis thru XXXX 's automatic payment plan. Until this day, we have not missed a single payment nor ever late. The 1st quarter payment for XXXX was collected on XX/XX/XXXX. After over a month, on XX/XX/XXXX, I called XXXX XXXX services and had a female agent walk me through in switching the credit card on file for our maintenance dues payment. On XX/XX/XXXX, I was shocked to receive a collection letter from Blackwell Recovery dba Concord Servicing in Arizona. I immediately called XXXX XXXX XXXX to find out what was going on with our account. I was told the payment plan got cancelled in the system on XX/XX/XXXX and as a consequence, our account is thereby considered 80+ days past due with the full remaining balance of {$1900.00} for XXXX Maintenance Dues now due for payment. I shared with the agent that there could have been a system glitch on XX/XX/XXXX because what I did on that day was to switch the credit card on file and it should have not cancelled the payment plan. I also argued that we are technically paid for the 1st quarter which covers XX/XX/XXXX to XX/XX/XXXX so how can XXXX flag our account as past due and impose an interest fee of {$18.00} and miscellaneous fee of {$35.00}? Where did these fees come from? The agent told me it was stipulated in the payment plan agreement. I reviewed the literature on the payment plan agreement and there is nothing in it that would prove we are in violation. There was no reason for us to inform XXXX of anything concerning the payment plan because it was not the intention to cancel the payment plan nor were we aware of an existing issue. XXXX did not practice due diligence to reach out to inform or make us aware of it. Most businesses will make a call, send a notice letter or email about an issue but we didnt receive any of these from XXXX XXXX. Its obvious that XXXX does not review owners accounts to check of anything out of the ordinary before imposing fines or penalties. 

I asked the agent a few times if we could be extended a one-time courtesy because it was all a mistake and that we've been owners for 16 years with excellent payment history. The agent kept instructing me to deal with Blackwell Recovery directly so I decided to ask for a supervisor hoping to get someone who can exercise better discretion and with a higher level of authority. I had to repeat the circumstances again to XXXX XXXX XXXX of XXXX XXXX XXXX so she emailed me a form to fill out and send back to her immediately in order to reinstate our payment plan. When I asked XXXX XXXX on how the fees can be reversed, she had to transfer my call to Blackwell Recovery because Blackwell is the one to deal with that. 

I had to go through the same hoops with Blackwell Recovery until I had to ask for a supervisor again. XXXX XXXX XXXX handled my call but unfortunately, I heard the same script from him. He reiterated that we violated the payment plan agreement and that the remaining balance of {$1900.00} is due. XXXX XXXX also said that XXXX XXXX XXXX should have not sent me the form because we can not be put back in a payment plan for XXXX. I reasoned with XXXX XXXX in all possible ways. I mentioned that our excellent payment history for 16 years should at least mean something about our credit worthiness and that our situation is just an isolated case. I also mentioned how the full payment will be a financial burden to us considering the global economic crisis we are in not to mention how illogical it would be to put whatever reserved funds we have into something we can't even use or enjoy during the pandemic. I pleaded to have the fees reversed since these are not even legitimate charges and for our payment plan to be reinstated but to no avail. I decided to pay {$640.00} for the second quarter which is usually collected on XX/XX/XXXX. I wanted to show XXXX XXXX that we are not running away from our financial responsibilities. 

The next day, XX/XX/XXXX, I called XXXX XXXX XXXX of XXXX again but only to hear from her that she made a mistake in sending me that form. Her excuse was that she just joined the company and didnt know well. I then told her how unfortunate of me to always end up with someone who causes me problems instead of getting help. Knowing now that she is not credible enough to handle the situation, I asked for a supervisor. She said she sent an email to XXXX, a supervisor, to give me a call but I have not received a call until this date. 

To impart better understanding of my complaint I have attached files to show that our account is in suspended mode ( Exhibit A ). It is flagged not authorized to make payments on the top left. Below the My Account Summary in green background, it also shows that our account is 85 days past due. When you click on Set up a payment plan, the page will then change to show Exhibit B which is the Payment Plan Agreement. There is nothing stipulated in this Agreement that would tell we violated the XXXX. There is nothing mentioned in the agreement that cancelling the payment plan will revert the account to Annual which would then require immediate payment of the remaining maintenance dues otherwise fees will be imposed. On the contrary, it actually allows termination or cancellation of the Card Authorization for electronic debits as long as another payment method, acceptable to XXXX, is used for the Periodic Payments. The {$35.00} fee is actually imposed only when a payment is denied at the time of charge and yet XXXX charged us this {$35.00} fee ( Exhibit C ) when payment for the 2nd quarter is not even due until XX/XX/XXXX. We dont have a loan or owe anything in default to be assessed {$18.00} in interest ( Exhibit C ). Also on Exhibit C, Blackwell Recovery entered my 2nd quarter payment of {$640.00} and also showed it waived the {$7.00} as late fee when this {$7.00} is actually the processing fee collected every Periodic Payment mentioned in the payment plan agreement. I dont want to think that XXXX XXXX of Blackwell Recovery did this to make it look like he extended me a favor because I know these tactics. 

XXXX did not even exert any effort to resolve this with us first. XXXX took the easy and most convenient route for them to get what they want with utmost disregard of their owners welfare and consumer rights. Our concern is far from complicated but XXXX turned it into a nightmare which brought us immense stress and inconveniences. We dont deserve to be treated this way! XXXX and Blackwell Recovery opted to be cold-hearted and greedy rather than be fair, compassionate and considerate. These two companies ' business ethics and practices must be scrutinized and penalized because they take advantage, deceive and violate consumer rights. The issue here is far more than the {$53.00} fees but this is a matter of respect, fairness and justice. 

We fervently hope for your intervention and to act as our advocate. We appreciate your assistance and will look forward to your reply.

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