Consumer complaint received 2017-10-17
Company: Drew Eckl & Farnham, LLP
State: GA
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Impersonated attorney, law enforcement, or government official

Complaint:
On XXXX XXXX, XXXX I contacted XXXX XXXX XXXX XXXX in reference to a closed checking account that I owed {$240.00} that had been reported to ... XXXX XXXX XXXX ... .. XXXX XXXX XXXX, I was then told that XXXX / XXXX would not accept any payments on the account and I would need to contact their Collection Attorney Drew /Eckl/ Farham ... .www.deflaw.com directly to discuss settling the account. I then contacted Drew / Eckl / Farham by phone and spoke with XXXX XXXX, I stated I wanted to settle the account in full and would like a written agreement sent to me stating the terms and confirming that once the account is settled the negative account information would be removed from XXXX She then stated that a written agreement is not standard procedure at that I would need to settle the account right now over the phone and that I would receive a confirmation at a later date. I then stated I will not proceed without a written agreement and her response was XXXX XXXX, this account has been in our office for a period of time now and I advise you to settle this account now to avoid further collection activity. 

I again stated stated I would not proceed without a written agreement and ended the call. On XXXX XXXX I received an email from Drew / Eckl / Farham with PDF attachment containing an agreement from XXXX XXXX of Drew / Eckl / Farham that I have attached to this complaint for your review. My complaint is the agreement has errors in the name and address header and does not contain any statement about removal of the XXXX. XXXX report or acknowledging that there is a report at all. i have called and sent emails asking for the corrections to be made to the agreement and to this day, I have yet to receive an updated agreement sent to me. I have attached the agreement I received below. 




e ( XXXX ) XXXX XXXXXXXXXXXX Drew Eckl & Farnham , LLP XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, Georgia XXXX Main : ( XXXX ) XXXX | Fax : ( XXXX ) XXXX | www.deflaw.com XXXX XXXX, XXXX TRANSMISSION XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Ga, XXXX XXXXXXXXXXXX XXXX : XXXX XXXX XXXX XXXX Account ( s ) No. XXXX Dear XXXX XXXX : Thank you for your cooperation in resolving the account ( s ) referenced above. Enclosed, please find a settlement agreement setting forth the terms of the payment plan to which you have agreed. Please sign the original agreement and return a copy of the agreement to XXXX XXXX at XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, Georgia XXXX or XXXXXXXXXXXX. 
Finally, please be advised that this firm is attempting to collect a debt, and any information obtained will be used for that purpose. 
Thank you for your cooperation and your courtesy. Please do not hesitate to contact me should you require any additional information. 
Sincerely, Drew Eckl & Farnham , LLP XXXX XXXX XXXX This Release and Settlement Agreement ( Agreement ) is made and entered into this, XXXX XXXX, XXXX by and between XXXX XXXX ( Debtor ( s ) ) and XXXX XXXX XXXX XXXX. For purposes of this Agreement, Debtor ( s ) and XXXX XXXX XXXX XXXX will be referred to individually as noted or as a Party and collectively as the Parties. 
RECITALS WHEREAS, Debtor ( s ) opened certain Loan ( s ) or Account ( s ) with XXXX XXXX XXXX XXXX, identified as Account ( s ) No. XXXX ( the Account ( s ) ) ;  and WHEREAS, XXXX XXXX XXXX XXXX contends that Debtor ( s ) failed to meet payment obligations on the subject Account ( s ) ; and WHEREAS, the Parties agree that it is in their mutual interests to avoid the uncertainty and expenses associated with litigation, and therefore wish to resolve all outstanding issues concerning this Account by way of settlement, without admission of law or fact, as set forth herein ( the Settlement ) ; NOW, THEREFORE, and in consideration of the mutual agreements, covenants, promises, and releases, and other good and valuable consideration as set forth herein, the receipt and adequacy of which is hereby acknowledged by the Parties, the Parties do hereby covenant represent, warrant, promise, and agree to the following : 1. Payment to XXXX XXXX XXXX XXXX. Upon execution of this Agreement, Debtor ( s ) shall issue payment as follows : Payment of {$240.00} due on or before XXXX/XXXX/XXXX. 
2. General Payment Conditions. All payments set forth in Paragraph 1 above, and any other payment made as part of this Agreement, shall be made payable to Drew, Eckl & Farnham, LLP in Trust. 
The total settlement amount is {$240.00} ( hereinafter Settlement Amount ). There is no penalty for early payment on this Agreement. 
3. Mutual Release. Upon payment of the Settlement Amount in full to XXXX XXXX XXXX XXXX, the Parties agree to release any and all claims, known and unknown, disputed or undisputed, liquidated or unliquidated, fixed or contingent, now and forevermore, they may have against each other relative to the Account ( s ) and any renewals or extensions associated with such Account ( s ), including, but not limited to, claims concerning Debtor ( s ) non-payment of the subject Account ( s ), and any claims Debtor ( s ) may have against XXXX XXXX XXXX XXXX, including its agents and attorneys, relative to the servicing, maintenance, collection, or litigation efforts concerning the same. This release does not extend to any other accounts, mortgages, loans, equity lines of credit, or other revolving lines of credit that Debtor ( s ) may have with XXXX XXXX XXXX XXXX. In the event that Debtor ( s ) fail to fulfill the payment terms of this Agreement, Debtor ( s ) shall be liable for the total balance of the subject account, less any payments made. 
4. Release of Lien/Mortgage. To the extent that the Account ( s ) is/are secured by a mortgage or other security instrument, XXXX XXXX XXXX XXXX shall, within 60 days of payment

Company response to consumer: Closed with explanation