Consumer complaint received 2020-09-24
Company: WAKEFIELD & ASSOCIATES, INC.
State: CO
Product: Debt collection
Sub-product: Medical debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
On XX/XX/XXXX I was sent a letter from Wakefield and Associates. They were attempting to collect a debt from XXXX XXXX XXXX XXXX ( shown exactly as listed on the statement ) in the amount on {$740.00} principal balance plus {$30.00} accrued interest at the interest rate of 8 % - totaling {$770.00}. 

I was not familiar with XXXX  but the date of service listed on the statement was XX/XX/XXXX which lined up with medical treatment that I received at XXXX XXXX XXXX. 

I then contacted XXXX XXXX XXXX and inquired about the balance, which I was assured on the phone and in a written statement ( can provide this statement upon request ) that I had a {$0.00} balance due for all services associated with my visit on XX/XX/XXXX. I also contacted my insurance company to inquire about the claims process to see if anything had slipped through the cracks resulting in this unpaid debt. I was assured, again on the phone, that everything associated with treatment received on XX/XX/XXXX had been processed and paid in XX/XX/XXXX. 

I was then sent another letter from Wakefield and Associates dated XX/XX/XXXX attempting to collect a total amount of {$780.00}, {$740.00} principal balance and {$47.00} interest for the same debt at XXXX. This letter demanded payment in full because the interest would only continue to grow the longer I waited to pay it. This letter also threatened litigation if the amount was not paid in full, again including added interest charges. 

I sent Wakefield and Associates a letter, via certified mail, asking for validation of the debt so that I could look further into the alleged debt. I received the letter, dated XX/XX/XXXX from Wakefield and Associates. The debt was listed at {$740.00} in the information provided to me.

I then requested a detailed billing statement from XXXX, which can take XXXX to 60 days to process via written request, and I received that statement on XX/XX/XXXX, which lists the debt at {$740.00}. 

I was served a summons XX/XX/XXXX by Wakefield and Associates. The Summons includes an attempt to collect a debt {$790.00}, including {$740.00} principal and {$58.00} in additional interest. The detailed billing statement from XXXX which was provided more than a month after the Summons was served to me, only lists the debt at the principal amount of {$740.00}. This means that Wakefield and Associates is using unfair practices and the violating the Fair Debt Collection Practices Act ( FDCPA ) by attempting to collect interest not authorized on the original debt with XXXX. 

I am still in contact with the original creditor, XXXX, in order to settle the billing issues that were the result of administrative error. I was not given sufficient time for this process to be resolved before Wakefield and Associates escalated to extreme measures. 

I called XXXX on XX/XX/XXXX and spoke with their billing department who told me that there was insufficient information, specifically an incorrect address for my insurance and that they would reach out to XXXX XXXX XXXX to get the correct billing address for my insurance, as XXXX XXXX XXXX were able to successfully bill my insurance. The last phone call with the XXXX   billing department on XX/XX/XXXX, I have been told that the issue is currently in the process of being resolved and should take another few weeks to be completely resolved. Payment is being made by my insurance directly to XXXX and I was told on the phone that once payment is received, that they will contact the collections company to stop collection measures on the debt. 

Wakefield and Associates has used Unfair Practices to attempt to collect interest that was not authorized in the original debt agreement on 3 separate occasions, threatened litigation if I did not pay their bill in full including the unlawfully additional interest charges and continues to violate my rights by attempting to schedule mediation services with a private mediator that was not mutually agreed upon which was part of the mediation order issued by the court. Medical billing and insurance are extremely complicated and slow moving processes that require time to resolve. I believe that Wakefield and Associates escalated the issue so quickly by serving me summons in order to intimidate me into paying a debt that included their additional unlawful interest charges, violating the Fair Debt Collection Practices Act ( FDCPA ).

Company response to consumer: Closed with explanation