Consumer complaint received 2022-07-06
Company: Trust Financial LLC
State: WY
Product: Debt collection
Sub-product: Medical debt
Issue: Communication tactics
Sub-issue: Used obscene, profane, or other abusive language

Complaint:
Balance owed to XXXX XXXX XXXX - I had called a couple times to pay the balance and left voicemails. No one returned my calls. 
Statement balance showed {$380.00} Validation notice from XXXX dated XX/XX/XXXX Total on validation notice was {$390.00} No phone attempts from XXXX at any point. 

Called XXXX on XXXX and spoke to XXXX. She did not verify who she was speaking to and did not provide me with the XXXX. I asked if the account had reported to my credit report. She told me it was set to report the first of the next month. I asked if there had been collection fees added to the account. She stated she believed so. I told her it is my understanding that collection costs are not allowed by WY statute. Nonetheless, I asked if they could accept a {$250.00} settlement. She said she would have to check and would call me back. She did not update any of my demographic information. Principle balance she provided this day was {$380.00}. After concerns over how the call was handled, I decided I wanted to call XXXX XXXX clinic directly. I called XXXX back and left a XXXX asking them to hold off on submitting the settlement offer. I called XXXX XXXX XXXX directly the same day or the following day and spoke to XXXX. I explained to her that I wanted to take care of the balance, but that I wasnt comfortable dealing with XXXX given previous experience ( relating to account owed by my daughter and inaccurate information being provided ) and given that they did not verify who they were speaking to or provide me with the XXXX. I asked XXXX if she could pull the account from collections and allow me to pay her directly. XXXX informed me her contract would not allow for her to do so and that I would need to deal directly with XXXX. 

I called XXXX a day or XXXX afterwards and left a message for someone to return my call. No one ever did. I went online to try to submit a request to have someone call me. The contact us page only loaded a blank screen. ( Image attached ) The payment page did not inform me that it was an attempt to collect a debt by a debt collector. I wasnt comfortable using the link to enter payment information. ( Image attached ) A couple weeks later, I called again and left another message requesting someone call me back. No one did. 

On Tuesday, XX/XX/XXXX, my husband was served papers. ( attached ) Once again, I called XXXX and left a message explaining that Ive called on XXXX previous occasions and did not receive a return call and now my husband had been served. I left in the voicemail that I would like to see the signed consent of admissions from the time of service. ( I wanted to ensure the document allowed for attorney fees as the papers served now had additional costs added. ) I stated in the voicemail that if I did not receive a return call by XXXX on Wednesday, XX/XX/XXXX, I would contact the owner, XXXX XXXX, directly. 

Balance showed {$380.00} principal, {$17.00} interest, 7 % interest, and a request for {$710.00}. 

As of Monday, XX/XX/XXXX, I had not received a return call. I called XXXX and spoke to XXXX again. I asked if an attorney letter had been sent, as I had not received XXXX. She states it was sent on XX/XX/XXXX. I asked for a breakdown of the charges. She provided me with the following : Principle {$380.00}, Interest {$14.00}, Attorney fees {$180.00}, Filing fee {$40.00}, Service fee {$90.00} I explained to XXXX no one had returned my call. She said my message had been given to XXXX XXXX directly and that he is very busy as he is their attorney. She transferred me to XXXX XXXX. The call went downhill from there. He asked if anyone had read me the XXXX today. I told him they had not. He fumbled it by saying something along the lines of any information discussed would be used in this conversation today and that this conversation was private. I explained to XXXX XXXX it was unfortunate we were having to talk again in regard to his staff not properly handling a collection call and I was upset Ive now been served papers and have additional costs, when Ive attempted several times to resolve this matter. I attempted to explain to him the actions mentioned above. He repeatedly interrupted me. When I told him his employee didnt even verify who she was speaking to ( in either call ), he told me her notes indicate she read me the XXXX. I explained that just because the notes say it, doesnt mean thats what she did given my experience with his office in the mishandling of an account of my daughters. He then told me the notes indicate that I questioned collection costs and he asked me if I work for XXXX, XXXX. I told him I do. He told me the notes indicate I told XXXX collection costs were not allowed in Wyoming and this was an inaccurate statement. I tried to tell him we will have to agree to disagree on the collection cost issue. He continued to talk over me and told me that my employer, XXXX XXXX filed a complaint against his agency for adding collection costs and had sales staff telling his clients that collection costs are not allowed by Wyoming statute. He berated me for the actions of my previous employer and even referred to both XXXX XXXX as XXXX XXXX, or XXXX XXXX, or whoever it is.. and went on to say he doesnt appreciate false accusations against his agency, as adding collection fees is not illegal. I tried to explain the conflict between him and my employer has nothing to do with me and that it is unprofessional and unethical for him to even bring this up to me when I am calling regarding a balance I owe to his client, XXXX XXXX XXXX. He threatened several times to hang up on me. He told me I was using my knowledge from working in the industry for 20 years to intimidate his staff and the reason no one had returned my call was because they felt intimidated by me. He said speaking to me himself, he could see why. I tried to tell him my intent was not to intimidate anyone and that Id like to resolve this balance but feel he should know his staff is not handling collection calls in accordance with the FDCPA. He proceeded to tell me that he was hanging up on me and I could call him back when I was ready to resolve the balance instead of arguing with him. I tried to explain to him that was the reason for my call today but he was not willing to listen to the concerns I have over his staff not being properly trained and was insistent on arguing over the collection fee issue, which was a moot point. He told me that if it was a moot point, I shouldnt have brought it up to his staff and if I brought it up again, he was hanging up on me. I tried to explain I didnt bring that up in this call at all, he did. I finally told him I was willing to resolve the balance today and I would pay the {$380.00} principle balance, the filing fee and the service fee, but I would not pay the attorney fee as I felt they were unreasonable and I wanted the account removed from my credit. He became irate and told me hes not removing the account from my credit report as that is not something they do unless the client asks that the account be removed from collection or the account was not properly handled. When I tried to explain to him the account was not properly handled and suggest he pull the call recording from my initial call, he started to raise his voice to me again, told me Im on a witch hunt and insisted they do not record phone calls. When I told him I know they do, as thats what he had to do when I dealt with him in the past and he found the information I gave him was accurate and the situation was not handled correctly, he flat our called me a liar and again said they do not record their phone calls. I asked him if he trains his staff to properly identify the consumer and the reason for their communication. He told me hes not answering that question. I asked him if its normal practice for his office not to return calls when someone is attempting to resolve a balance before it has a negative impact. He again told me these questions are not ones hes going to answer. I tried to explain to him I was asking as he said they do not remove from the credit unless the account was handled improperly and I feel it was handled improperly. I told him again I know they have removed from the credit in these instances in the past. He proceeded to call me a liar again and told me hes done dealing with me and was hanging up. My final words to him were Ok. Thats fine. Your next communication from me will be from my attorney. We both hung up. I then contacted XXXX XXXX XXXX and spoke to XXXX. As I was explaining to her what happened, XXXX XXXX attempted to call me XXXX more times in less than 10 minutes from his XXXX location ( XXXX ) ( screenshot attached ). 

XX/XX/XXXX, served husband on my behalf in our driveway. They did not attempt to also serve XXXX at that time. I called circuit court on XX/XX/XXXX and still, nothing had been filed. 

Served XXXX again on XX/XX/XXXX at work. He called me while server was there. She asked if I was at work. He told her I was out of town. She told him Well, were just going to keep coming here and serving you. Server then went to my work and was told again that I was out of town. 

Server reached out to my friend and co-worker asking for my phone number. She refused to give it to her. She obtained through other means and called me on XX/XX/XXXX asking if I was home and if I wanted her to stop by and serve the papers. I told her I was home sick in bed and would prefer she didnt come by that day. She said I know they said you are contesting it or something, but I dont really know what its for. Let me know when youre feeling better and I can stop by to serve them to you. 

They finally filed with court on XX/XX/XXXX against XXXX only. Signed by aty 15 days into our 35 days. Mailed to us 20 days into our 35 days to file a complaint. 

Called and left msg for XXXX XXXX on XX/XX/XXXX. XX/XX/XXXX, a collector named XXXX called me back. When I told her that I was hoping to talk to XXXX, XXXX XXXX barged in and said hes on the line as well and that hes already told me he will be the only one I speak to. I told him I was fine speaking to him as long as he was going to be professional, unlike our past conversation. The banter started and I asked if the call was being recorded. He told me that hes not going to answer that question. He asked if I was served. I tried explaining the situation with the multiple services in which they then did not actually file with the court. He again interrupted stating his intent is very clear and that if I dont resolve the balance today, he will have me served by publication and it will cost me a few XXXX more dollars. I told him Im trying to help him streamline the service process as its been a mess and when they had the opportunity to serve both of us and then file within 14 days, they didnt. He told me hes not going to listen to that or take any advice from me and that I called him, so what was I trying to do. I told him I tried to call XXXX, not you. To which he responded I AM THE MAN YOU WILL SPEAK TO. IM YOUR ONLY OPTION. I tried several times to explain to him what I was willing to do to resolve the balance today, he continued to speak over me. When I asked him if he was going to stop talking over me and let me speak, he told me No, I probably wont. Im done dealing with you. You have lied several times to my staff and to me and Im tired of this. I tried to say to him that I havent lied to anyone and that his unprofessionalism has continued. He told me I need to pay the bill today or hes continuing with filing suit. I told him I was willing to pay {$390.00} and stop any further action. He told me absolutely not and stated hes proceeding and if I file any complaints and lie like I have in the past, he will file a defamation suit against me. He said Im not going to let this go. So put your money where your mouth is. I assured him I would and that my notes on our conversations are correct and I havent lied to him or his staff. I reminded him that responding to the complaints with the CFPB, CAB and the FDCPA violations are going to be more time consuming and costly to him than they are to me. He told me to bring it and stated something to the effect that Ill be sorry for this. He hung up. XXXX remained on the line. I paid a total of {$730.00} by credit card. Conf. # XXXX. She told me it will be removed from my credit on XXXX XXXX. I asked her if the call was recorded and she told me it was not. 

Concerns : Staffs failure to verify who she was speaking to, recite XXXX or state communication is with a debt collector. ( 15 USC 1692e 807 ( 11 ) False & Misleading communication from debt collector ) Given the different balances quoted/sighted along the way, Im unsure as to what the actual principle balance is on this account. ( 15 USC 1692e - 807 ( 2 ) ( A ) False and Misleading ) The website does not indicate this is an attempt to collect a debt by a debt collector. ( 15 USC 1692e 807 ( 11 ) False & Misleading communication from debt collector ) Berating me over a conflict with my previous employer, which has nothing to do with this matter ( 15 USC 1692d 806 ( 2 ) Harassment or abuse ) Interrupting me repeatedly, calling me a liar and implying Im on a witch hunt. ( 15 USC 1692d 806 ( 2 ) Harassment or abuse ) Implying that my experience and knowledge after 20 years in the industry is being used to intimidate him and his staff. ( 15 USC 1692d 806 ( 1 ) and 806 ( 2 ) Harassment or abuse ) If this is how his staff deals with someone that understands the laws governing the debt collection industry, what type of abuse are those that are least sophisticated or unsophisticated experiencing with his office? 

Threatening repeatedly to hang up on me if I didnt listen to him as he was talking over me. ( 15 USC 1692d 806 ( 2 ) Harassment or abuse ) Telling me they do not record phone calls when my experience with them in the past on a matter I was assisting my daughter with indicated otherwise. ( 15 USC 1692e - 807 ( 2 ) ( A ) False and Misleading ) Attempting to contact me XXXX times, in less than 10 minutes, after he was told the next communication would be from my attorney. ( 15 USC 1692c 805 ( A ) ( 2 ) Communication in connection with debt collection & 15 USC 1692d 806 ( 5 ) Harassment or abuse ) Several partial summons serves that were not filed with the court within 14 days, thus indicating months of threats of legal action, without legal action being taken. Once filing with the court against only XXXX did actually happen, there was significant delay in the complaint being signed by the attorney and sent to our address. Effectively lessoning our period of time to file an answer from 35 days to only 15 days. ( 15 USC 1692d 806 ( 2 ) Harassment or abuse ) and abuse of process. 

I could also make an argument for the venue in which theyve filed. I filled paperwork for this visit out prior to making the trip to XXXX. Which means, I signed the paperwork in XXXX, not XXXX. 

I have also asked for a copy of the documents I signed as Id like to make sure the documents I signed allowed for attorney fees. 

Im also believe this company has several other branch offices that are attempting sales efforts and/or collection calls from those offices in the XXXX of Wyoming and do not have those offices licensed. Particularly a location in Idaho. 

Ive made several attempts to resolve this balance prior to it reporting to my credit report. No return call or outbound calls from XXXX were attempted. This resulted in additional fees and potential litigation. I feel the lack of action prior to legal remedies on the part of XXXX is unfair and an attempt to harm my reputation. 
I am not the type of person that does not pay my bills. I own a business and I have worked in the debt collection industry for 22 years. I understand the importance of services rendered needing to be paid. I teach classes on this very topic. I am an upstanding citizen in my community, serving on several boards, non-profit organizations and volunteering my time. I take great pride in my credit score and protecting my assets. XXXX XXXX office has made it difficult for me to communicate with and protect these things that are important to me. His communication with me made me feel as though he thinks Im a deadbeat that uses knowledge from the industry Im passionate about to avoid paying bills. His upset with my ( now previous ) employer is being taken out on me and feels like a personal vendetta. My attempt to bring the continued lack of remedial training, as a professional courtesy, to XXXX XXXX attention, was instead met with accusations, false statements and name calling on XXXX XXXX part. Reviews online indicate similar dealings other consumers have had with XXXX XXXX, including refusal to work with people, yelling at them and even texting to harass a consumer. 

XXXX XXXX 's unfair, deceptive and abusive tactics have caused undue emotional stress and anxiety. I attempted to resolve this balance serval times prior to the call today and his communications were not necessary.

Company response to consumer: Closed with explanation