Consumer complaint received 2015-07-07
Company: NELSON AND KENNARD
State: CA
Product: Student loan
Sub-product: Non-federal student loan
Issue: Dealing with my lender or servicer
Sub-issue: Keep getting calls about my loan

Complaint:
I am being sued by Nelson and Kennard. I reached out with an offer to pay. They received it XXXX XXXX, XXXX ( See attached : Verified Good Faith Offer to Pay ). I required that their acceptance of my offer be in writing. In the document, I said : " The undersigned respectfully requests this valid sought-after information to be timely presented to the name and location mentioned herein within a reasonable ten ( 10 ) days as time is of the essence '' ( See page XXXX of attached : Verified Good Faith Offer to Pay ). I received no written response to my offer from Nelson and Kennard. 

I wrote again to Nelson and Kennard in an attempt to resolve the matter. In my letter of XXXX XXXX, XXXX, I said : " Because of the amount owed and my reliance on the Statute of Frauds requirement stating... it was vital that any negotiation to resolve the debt be in writing. You received my request in writing to this effect on XXXX/XXXX/XXXX ( see U.S. Postal Service Return Receipt attached ). You have not complied with my written request sent to you by certified mail as you are obligated to do ( 15 United States Code sections 1692c ( 1 ), 1692c ( c ) & 1692d ( 5 ) ; California Civil Code section 1788.11 ( d ) & ( e ) ). Indeed, XXXX XXXX XXXX, who represents that he is an agent of your law firm, has contacted me by phone on nearly a weekly basis. He recently called and left voicemail messages on XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, XXXX/XXXX/XXXX, and on many occasions during XXXX. Please do n't keep harassing me by phone. I have previously requested that communications sent to me be in writing. '' ( See page XXXX of attached : XXXX XXXX, XXXX Letter ). 

In his reply, Attorney XXXX XXXX stated that my letter was " received in our office on XXXX XXXX, XXXX '' ( See attached : Letter from Attorney XXXX XXXX ). On XXXX XXXX, XXXX, XXXX XXXX XXXX, who represented that he is " from the law offices of Nelson and Kennard '' called me and left me a message requesting that I call him back. 

Attorney XXXX XXXX referenced " numerous attempts by our office to resolve this matter by leaving your voicemail messages requesting a return call.... The aforementioned telephone calls were attempts to resolve the debt. Please call our office at the telephone number listed above so that we can resolve this matter.... '' The " attempts '' by Nelson and Kennard to resolve the matter have been by telephone. The only means of resolving the debt that they offer is that I " call '' Nelson and Kennard " at the telephone number. " The Telephone Consumer Protection Act of XX/XX/XXXX ( TCPA ) requires " prior express consent '' for a creditor to call a consumer 's cellular phone in an attempt to collect a debt. The FCC has pointed out that the cell number had to be provided during the transaction that resulted in the debt owed. I gave no such " prior express consent '' to use the present cell phone number. In addition, I have in writing explicitly limited communications and attempts to resolve the matter : all communications must be in writing ( See page XXXX of attached : XXXX XXXX, XXXX Letter ). Nelson and Kennard has not honored my request. 

I do wish to resolve this matter ; however, I do not wish to be limited in a way that my only recourse is to do so over the phone! By refusing to timely respond to my written communications in writing, and only offering to resolve this matter by phone, this is what Nelson and Kennard ( Attorney XXXX XXXX ) appears to be attempting to do. 

Thank you for your attention to this concern.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation