Consumer complaint received 2020-02-10
Company: Kirschenbaum & Phillips P.C
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive notice of right to dispute

Complaint:
On XX/XX/XXXX I reached out via telephone to Kirschenbaum & Phillips, P.C. at XXXX regarding judgement documents I was served with on XX/XX/XXXX. Prior to being served with these documents I was not once contacted by Kirschenbaum & Phillips, P.C. regarding the alleged debt owed. This firm never once attempted to collect the debt or provided to me the documents required by the Fair Debt Collection Practices Act. The firm also violated the New York State laws and did not provide me with the following : 1. General information about my rights as a consumer. 2. A listing of the types of income that are protected from collection. 3. Information about the debt including an itemized accounting of the debt. 4. Information regarding the statute of limitations.

Since being served with these documents I have made numerous attempts at getting this alleged debt resolved. On XX/XX/XXXX a phone call was made at XXXX XXXX that lasted 13 minutes long and I spoke to a XXXX XXXX whom I explained I was served with court papers and needed help because I do not owe anything. After verifying my identity and making notes she attempted to transfer me to XXXX XXXX at extention XXXX. XXXX did not answer her phone and my call was bounced back to XXXX XXXX. Ms. XXXX attempted to transfer me again to XXXX XXXX but she once again did not answer. This time Ms. XXXX tried to help me herself the best she could. I once again explained the situation and that I did not owe this debt because everything that was sent to me by XXXX was in fact returned to them per their request with the pre paid mailing label XXXX XXXX from XXXX provided to me. I informed Ms. XXXX that I still had all of the communications with XXXX and she instructed me to send them in an email to XXXX with my file number in the subject line so that I could dispute this claim against me. I sent the email and attachments at XXXX XXXX eastern time. I was told this claim would go into a dispute status and no further action would be taken on this until the dispute was closed and a decision was made. I was told an email was being sent to XXXX XXXX to contact me regarding everything and that I should call back on XX/XX/XXXX to confirm that everything was received and my claim was in dispute. On XX/XX/XXXX I called the office numberous times and each time got XXXX XXXX 's voice mail. On XX/XX/XXXX at XXXX XXXX easten time I called the office yet again and spoke to a XXXX XXXX. This call lasted for 7 minutes long. She very rudely informed me that it was far to soon to contact XXXX about my dispute. I explained to her that I was told to call the office by Ms. XXXX to confirm that my email with attachments were received and that my claim was in dispute. She verified this information and said she was sending another email to XXXX XXXX to contact me either way to provide me with an update call on friday XX/XX/XXXX. Once again I did not receive a call from XXXX XXXX. Ms. XXXX assured me that I did not have anything to worry about at that time. That everything was on hold and that nothing would proced without me being notified. 

The purchase I made to begin with was on XXXX. They are the ones that I spoke to in XXXX about this issue. They are the ones that sent a prepaid ups shipping label to me and requested that I return the items that I did receive back to them. They are the ones that I sent the items to. They confirmed in their emails to me that I utilized their label and they received my package. They also said they were going to return to me what I sent to them and never did. They kept everything. The shipping weight of what they sent me and what I returned was the exatct same. This is proof that the item in question was not received by me. I don't know how this switched from being an order/issue with XXXX to XXXX XXXX XXXX as stated on the judgement documents. 

On XX/XX/XXXX I received an envelope in the mail from the office of Kirschenbaum & Phillips, P.C. In this envelope was a copy of the exact papers I was served with previously on XX/XX/XXXX. This led me to question what exactly was going on here. 

I called the office on XX/XX/XXXX at XXXX XXXX and spoke with a XXXX. After verifying all of my info I was finally transfered to XXXX XXXX. I gave a history of all my communications with Kirschenbaum & Phillips, P.C. and XXXX claimed a validation of debt was sent to me the prior week. This is absolutely a lie. I have never once been given a validation of debt. My transaction was with XXXX. The judgement papers I was served with state that I owe XXXX XXXX XXXX. 

XXXX said that she saw that I had communicated via email with Kirschenbaum & Phillips, P.C. but would need to fill out a disclosure form for them to communicate with me via email. Later in the conversation XXXX then changed her story and said my evidence for disputing this claim was never received. She once again changed the story and said maybe she herself could not see it but management might. This is all after I verified receipt of the email sent twice, once with Ms. XXXX and once with Ms. XXXX. Both confirmed that my email with attachments were in fact received. Those two reps could see this information but allegedly XXXX could not. I requested that a manager contact me since XXXX XXXX had changed her story multiple times and discounted eveything I told her saying " she's not going to go back and forth with me ''. 

Kirschenbaum & Phillips, P.C. has been sneaky and deceptive thoughout this entire process. They have not followed the law and provided the required documents to me. I feel thay they are trying and pass the time and get a judgement entered for me in the full amount they are claiming that I owe even though I have ample proof that this is in fact not the case. I have also stated on each call that my only income is Social Security and have been ignored. I have desperatly tried to seek help regarding this and sent them proof that I do not owe anything and each time I am lied to, over promised, ignored and treated poorly.

Company response to consumer: Closed with explanation