Consumer complaint received 2020-03-03
Company: Blitt and Gaines, P.C.
State: MO
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
My situation does not neatly fit your " problem '' categories on the previous page, but it comes close. 
Blitt and Gaines PC is a collections firm with a self stated revenue of {$10.00} to {$25.00} XXXX per year. In my situation, they were representing FIA Card Services ( successor-in-interest to XXXX  XXXX XXXX XXXX ). Unfortunately, the attorneys also take on the Dr. House credo that everyone lies, when it comes to defendants, without considering whether the defendant benefits from the lie. 

My account manager at the Blitt and Gaines call center was named XXXX. I never knew his last name and hes no longer employed with Blitt and Gaines. The day before court (XX/XX/XXXX ) XXXX offered a payment plan, that would assist me in getting my credit card debt paid off at a price I could handle, and would allow me to present mitigating circumstances to the judge, which would hopefully, lower the total amount owed. However, for reasons only he knows, he then violated FDPCA rules by obfuscating the content of ourXX/XX/XXXX conversation in his notes to Blitt and Gaines attorneys. The result is that I am now, in dire financial circumstances. 
XXXX gambled, that the attorney would be too lazy to pull the audio file and would assume I was lying. Apparently, he knew the attorneys better than I did. He was right. 

Back in XX/XX/XXXX, XXXX stated there were only two people with the authority to lower the total amount due : the lead attorney XXXX XXXX or " The Judge ''. Mr . XXXX failed to show for court, XXXX claimed hed request that Mr . XXXX review documents I suggested or contact me. Neither occurred. Therefore, I knew ( according to XXXX  directions ), Id have to speak with the judge, in order to show cause for mitigating circumstances. 
The attorney, who showed up for court onXX/XX/XXXX( instead of Mr . XXXX ), didnt know anything about the payment agreement made onXX/XX/XXXX I didnt know that XXXXXXXX notes were contrary to our actual conversation. Instead, she stated I didnt have a payment plan in place and tried to get me to agree to a higher payment plan. It felt like a cheap car dealership -- bait and switch --. I stood my ground and told her over and over, I already had an agreement solidified the day before and I expected her to honor it. If she still thought I was lying, she needed to pull the audio file from XX/XX/XXXX 
XXXX lies then caused Blitt and Gaines own attorney, to state a truth by omission in court, despite my insistence, that her information was incorrect. She told the court, I had NOT agreed to a payment plan, even though I had just spent 15 minutes in the hallway, telling her otherwise. I didnt know if I was allowed to interrupt court proceedings and tell his Honor the real truth. The Honorable XXXX XXXX XXXX had been quite cross with me onXX/XX/XXXX ( a point I will come to later ) and I was afraid of him. So, I kept my mouth shut. He ended up politely saying I wasnt truthful on a different matter 15 minutes later, so I believe silence was probably the better choice. Apparently the Dr. House ethos is not exclusively among collection attorneys. 
The salient points of my payment agreement with Blitt and Gaines were as follows : {$100.00} per month was accepted as the payment amount until the total was paid in full. 
In the audio, youll also hear XXXX give me the web address to make monthly installments and my customer number. Unfortunately, I typed the customer number onto an online word doc and it disappeared when my laptop lost power. 
Given the sneaky nature of the collections industry, I also made sure XXXX agreed, whether the Honorable XXXX XXXX XXXX lowered the amount due in court onXX/XX/XXXX or kept the amount due the same, my payment amount would remain {$100.00} per month. This was important to me because I believed I had a very strong case for mitigating circumstances. On XX/XX/XXXX, XXXX made a decision that could best be described as an egregious lack of fiduciary account management. They profited from that action, and ruined my financial future. Prior to XX/XX/XXXX, I had never made a late credit card payment, mortgage payment or any other type of payment. 
Throughout our conversation, XXXX  only hesitation was regarding my appearance in court onXX/XX/XXXX To paraphrase & summarize -- If I was having flight problems, he said I needed to solve them or talk to XXXX XXXX. He said, for example XXXX : Tomorrow is Trial. Thats something we cant help, even if you paid the balance in full today, I couldnt tell you, you needed to show up. 
And later in the conversation XXXX : Your file number is # # # # # Me : So, if I do make it tomorrow, and if the amount is reduced or whatever ... that's the file number? 
XXXX : " Yes, online. ... Were all set! '' Me : So {$100.00} per month until its paid whatever the sum amount is '' XXXX : Yes, but I want you to get the specifics from him because I cant give you specifics. I don't know that many of them. 
Me : " The specifics regarding tomorrows court appearance Right? 
XXXX : " Right. Correct. I'm not an attorney. '' I left a message on Mr . XXXX voice mail as soon as we disconnected. But, I made it to court on XX/XX/XXXX so, it was a mute point. 

I told the whole XXXX  XXXX XXXX story in court ( albeit, badly ). The Honorable XXXX XXXX XXXX rendered his opinion several days later on behalf of the Plaintiff for the full amount. I asked a neighbor to intercept my mail and look for correspondence from Blitt and Gaines. I assumed there would some type of acknowledgement sent regarding the payment plan. As mentioned above, I had lost my account number and could not make an online payment without it. Then, thirty days afterwards, I saw a Garnishment online. But the garnishment did not state a dollar figure or percentage. And, a garnishment for {$100.00} per month seemed a little extreme. I wondered if it was merely a back-up plan. So, I sent three emails to Blitt and Gaines through their secure server attempting to get my account number. At the time, I was working graveyard shifts and unable to call during the daytime. Blitt and Gaines replied that they were unable to give me my account number by email. 
I never assumed Blitt and Gaines would breach our agreement. I had been emphatic about the existing payment plan when speaking with the attorney. I also knew, a verbal agreement that is recorded at the consent of both parties, carries the same weight as a signed agreement. I believed the attorney would pull the audio file, not only because it was her job to do so, but because, I had nothing to gain by lying about it. 
I should mention here that I have worked the same Part Time job for 25 years. I get medical insurance for my husband and myself, the company has made many accommodations for me and its a job I cant afford to lose. With the exception of airfare, travel costs are out of my pocket. XX/XX/XXXX was a terrible year after the XXXX  incident. I didnt make any profit and I ended below Federal Poverty Level. XX/XX/XXXX wasnt much better. But XX/XX/XXXX was looking much better and I was able to afford longer stays out-of-town which meant, higher profits. The first garnishment came out mid XXXX. The check reflected several days pay. Blitt and Gaines took {$240.00}. I received a check for {$15.00}. 
My self delusion at that point was that Blitt and Gaines was still honoring our agreement. I believed Blitt and Gaines had just deducted {$100.00} for XXXX, {$100.00} for XXXX and {$43.00} for half of XXXX. But, with only {$15.00} at hand, there was no way I could work the next two weeks I was scheduled. {$15.00} would only get me a shuttle ride to the airport so I could fly back to XXXX   XXXX. I was going to lose two weeks of income and I was {$350.00} in debt to the proprietor of the home I had been staying in. 
Two weeks later, I received the pay stub for the week I worked before coming back to XXXX XXXX. This is when I discovered that his Honor had approved a garnishment beyond our agreement. Blitt and Gaines took {$220.00} and my pay was {$0.00}. I had told the Honorable XXXX XXXX XXXX in court, that I was caring for a husband with special needs. I hated to say it out loud and make my husbands mental illness part of court records but it was necessary at the moment. Was it not clear that I was head of household in that situation? I dont understand how his Honor could approve a 25 % garnishment! My husband is on Social Security XXXX. Was I supposed to walk around with his medical records? 
I had no income from XXXX, I was in debt from XXXX. I called my utilities and asked them for leniency. I sold my stovetop on XXXX Marketplace which, gave me a little money to live on through XXXX. But, I could not afford to work in XXXX either. Frankly, I felt paralyzed. It was as if I was getting jammed by BOA all over again. I borrowed money so I could afford to work in XXXX. I made enough to send a few dollars to the gas company and the electrical company. I have not worked in XXXX or XXXX. My water and phone service has been cut off. Theres a large hole in my kitchen countertop where my stovetop used to set and Im cooking on hotplates. 
It was not until mid-XX/XX/XXXX, that I found out why Blitt and Gaines was in breach of contract. 
A Blitt and Gaines call center employee named XXXX XXXX read me the notes that XXXX had made regarding our payment plan onXX/XX/XXXX. She said he wrote that we discussed a {$100.00} payment but it needed to be approved. The approved statement was never mentioned. 
XXXX then transferred me to a Manager named XXXX XXXX who said that XXXX notes read that he offered {$100.00} per month but I turned it down. I told Mr. XXXX, he only needed to listen to the audio file, to hear that was not true. I asked Mr. XXXX if I would have received an acknowledgment of my payment plan under normal circumstances. Mr. XXXX said that Blitt and Gaines does not mail payment plan confirmations to anyone unless the payment plan is court ordered. Mr XXXX then asked why I didnt make a payment online. I told him about the emails, along with B & Gs refusal to give me the account number. Mr. XXXX then said that my payment plan was automatically voided because I did not make a payment within 90 days of the judgment. I told Mr. XXXX the garnishment was supposed to take effect 30 days after the judgment. Without much to say after that, Mr. XXXX said hed review the audio file and get back to me. As is typical with every encounter I have had with this firm, he didnt. I sent him follow-up emails. He never replied. So then came the search for the attorney who actually showed up in court. 
According to court records, the female attorney was XXXX XXXX. She was one of the three people I had emailed back in XXXX. I found a photo of XXXX in XXXX, she was NOT the attorney I spoke with. The Blitt and Gaines website was no help and neither was the XXXX website. By going through the ladies listed on the XXXX  XXXX XXXX website, I was able to find a photo and identify the attorney as XXXX XXXX XXXX. 

I dont know if it matters but I mentioned above that I would expand on the XX/XX/XXXX incident so, here it is : On XX/XX/XXXX ( the day before the first court date/petition date ). I called XXXX to tell him I couldnt get a nonstop flight into XXXX  XXXX by XXXX. 
XXXX put me on hold. Then, XXXX came back on the phone and said Id been given a continuance for a later date. 
Really? 
Blitt and Gaines had tried to serve me fromXX/XX/XXXX to XX/XX/XXXXand court documents clearly read No further continuances shall be granted absent good cause shown ; Therefore, I was highly suspicious that a continuance was granted while I was on hold for 3 minutes. 
I hung up with XXXX and called the court clerk in XXXX  XXXX. The court clerk said I wasnt given a continuance and read the same information I saw online. I called XXXX back immediately to verify the continuance date without telling him, I spoke with the court clerk. To me, this was a clear violation of FDPCA rules. It was a trick to get me to not show up! 
To get to XXXX XXXX by the morning court time, I flew to several cities and had been awake for more than 24 hours. I found a photo of XXXX XXXX online, so I could recognize him. 
When my name was called in court, a woman standing in front of the judge said I was told you werent going to be here. I now know, that was Mrs. XXXX. 
I ignored her and told the judge that Blitt and Gaines tried to trick me into not showing for court and that, I had called the clerk. 
Honorable XXXX XXXX XXXX, became quite irritated with ME. The Judge told me that his clerk had no business telling me anything. He said the Blitt and Gaines attorney was just about to ask for the continuance which, he would have granted. 
I looked around the court. XXXX XXXX wasnt there. I asked His Honor how Plaintiffs attorney would ask for a continuance, when Plaintiffs Attorney wasnt there. 
Mrs. XXXX said she was the Blitt and Gaines attorney. 
Completely embarrassed, I asked arent I supposed to receive notice if counsel is changed? 
The Honorable XXXX XXXX XXXX tone became very stern. I dont remember his exact words but the gist was shut up. A court date was set for XX/XX/XXXX. 

I had the distinct impression that persons in debt, are generally considered a nuisance and should consider themselves lucky to have an audience with his Honor. Whether a continuance would have occurred if I had not shown up, I'll never actually know.

Company response to consumer: Closed with explanation