Consumer complaint received 2019-10-31
Company: WAKEFIELD & ASSOCIATES, INC.
State: TN
Product: Debt collection
Sub-product: Medical debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
I am not sure this is the best category but here is what happened. 

On XX/XX/2019 at approximately XXXX, I spoke with XXXX XXXX XXXX in court services. She advised XXXX XXXX Hospital, through Wakefield and Associates, was taking me to court over a bill. I found this odd since I was actively paying the bill when they filed the court case against me. 

On XX/XX/2019 at approximately XXXX, I made contact with Wakefield and Associates regarding a notice to appear in court. I spoke with a lady who advised they received my account in XXXX. I sent 3 different checks on XX/XX/XXXX to begin paying the outstanding balances ( totaling {$90.00} ). I sent another two checks on XX/XX/XXXX ( totaling {$110.00} ). With each check I sent, I included a letter about my intent to pay different line items each month ( there were more than one bill from different doctors from the same visit and/or other medical bills under my or my wifes name and I was paying each line item separately. I was also paying one or two of mine and one or two of my wife 's each time I sent the checks ) and asked if that is what they preferred or if they wanted to roll everything into one bill and pay a single dollar amount each month to pay the entire bill of a little at a time. Each time I sent the check, I sent a letter informing them of my intent. I have photocopies of my checks they cashed, which contained the letters explaining what I was doing and asking if it was OK. Since the checks were cashed, I know they received the letters. 

While speaking with the rep for Wakefield and Associates today, she informed me they did receive the letters but they do not make outbound calls and do not respond with a letter. She effectively told me that they were ignoring my attempted communications and with the knowledge I was attempting to communicate and was paying, they still decided to take me to court on a balance that I was actively communicating on and actively paying on. She stated they received payments but they were sporadic. I pointed out they were each month, starting the month they received my account and I sent a letter telling them how I was paying and telling them I would be paying monthly. Which is what was happening. 

She advised they would set me up on a payment plan and allow me to pay it off, but they would still be going to court and still be adding court costs. She informed me of the reason they did this was because I wasnt on a formal payment plan, but they refused to communicate with me about my request for a formal repayment plan. 

The case is set for some time in XXXX. I have elected to go to court and the Judge to allow me to pay the original balance, minus the new court costs since they took me to court on something that they knowingly refused to respond to my communications and were cashing the checks I sent to them. I guess I was supposed to know they do not respond in any fashion to letters. In the letter, I told them if they did not approve of the method I was attempting to pay in, to please let me know. I included a phone number and my address. They didnt even send a letter saying they could not discuss those matters in any other way than by phone. They simply ignored me and took me to court. I believe they use this internal policy against responding to people who are actively paying and actively trying to communicate as a way to make more money for their firm by taking people to court in cases where it isnt warranted.

Additionally, I requested an updated list of accounts listed with them, to confirm our records matched and to make sure they were updating my accounts listed with them as they were paid off. They have not responded to that request and have failed to tell me what is currently listed with their agency.

It should be noted, I did not pay the bill when it was listed with the original creditor. I was having financial problems and was less than 24 hours from losing my house to foreclosure this year. Now that I have a more stable income, I have been making payments on my past due balances. This was activley being paid with open communication to the debt collector. I did not reach out to the original creditor, as it was already listed with a debt collection agency.

Company response to consumer: Closed with explanation