Consumer complaint received 2019-09-03
Company: Benjamin Chaise & Associates
State: WA
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I was under sub-contract for XXXX XXXX at the local XXXX XXXX for XXXX   XXXX of XXXX, Id during the past winter. 

My bill for XXXX was unusually high due to a XXXX XXXX XXXX of over XXXX. Of XXXX.. {$27000.00} Which was submitted XX/XX/XXXX. I received a check for {$21000.00} dated XX/XX/2019. 

I did not cash the check because I knew this would be considered as acceptance of payment in full. 

At the same time another customer, XXXX XXXX XXXX, owed {$760.00} for snow removal but the obstinate property owner would not pay. 

I received a cold call from XXXX XXXX of BENJAMIN CHAISE & ASSOCIATES ( BCA ) asking if I needed help with this, so under contract they attempted collection but gave up in a couple weeks and gave it back to me to try something else ... ..a VERY IMPORTANT PRESIDENCE WAS SET. 

I then contracted BCA to attempt collection of the remaining balance from XXXX   XXXX ... {$5200.00} After a few weeks Mr.XXXX of BCA contacted me by phone ( non-tracable ) and had reached an agreement with my customer but required me returning the check to the customer.He mentioned the check was no good, a stop-payment was placed on it I reluctantlyand hesitantely complied and they very quickly provided the XXXX envelope the next day for the check. 

I was of the impression I would get a check for the full amount or somewhere near that but INSTEAD Much time went by never hearing back from BCA! So I finally contacted my customer who told me they paid on XX/XX/XXXX {$21000.00} to BENJAMIN CHAISE!! 

BCA DID NOT COLLECT ANYTHING EXCEPT WHAT I ALREADY HAD!! 

By law, a check received is considered PAID, so this money was already MINE before signing a contract with them! What were they doing RE-COLLECTING that money that I was not in dispute over.I wanted to collect the balance owed!! 

BCAs excuse.we are entitled to a commission, we dont work for free. 

Why did they not act by the PRESIDENCE set with XXXX XXXX XXXX and just tell me we arent able to collect anymore from your customer, just go cash your check Obviously they saw big $ $ $ signs and played a dirty, underhanded, deceitful trick on me.They ROBBED me of 22 % of MY MONEY! 

According to honest debt collection practices : If we dont collect, we dont get paid is what is typical. 

XXXX, of the XXXX XXXX XXXX agreed. 

My customer said The XXXX they pulled at your hiring them is beyond belief. 



THEYRE NOT DONE YET! 



By contract BCA pays on the LAST DAY OF THE MONTH FOLLOWING THE MONTH THEY RECIEVED PAYMENT ( XX/XX/XXXX ) Therefore, a payment was due to be paid XX/XX/XXXX. 

No payment arrived at least a week into XXXX, so out of frustration I posted a one-star review on YELP with ALL THE DETAILS. 

That got their immediate attention and Mr. XXXX sent me a nasty, intimidating email with the subject line : BREACH OF CONTRACT ; LAWSUIT PENDING. 

I hired an attorney and so did BCA and their settlement offer was to pay me only if I removed the post on YELP. 

I declined to let my freedom of speech be taken away by blackmail. 



My offer was to REMOVE THE POST ON FULL REFUND. 

They sent a check the last week of XXXX for {$10000.00} IN CONCLUSION : Benjamin Chaise & Associates would have collected 22 % of $ XXXX-around {$1100.00} BUT INSTEAD HAS TAKEN {$11000.00}!! 

LEAVING ME WITH {$10000.00} WHEN I STARTED OUT WITH {$21000.00}!!!!

Company public response: Company disputes the facts presented in the complaint
Company response to consumer: Closed with explanation