Consumer complaint received 2015-12-30
Company: Machol & Johannes, LLC
State: CO
Product: Debt collection
Sub-product: Auto
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
in XXXX I attempted to purchase a car from XXXX XXXX XXXX XXXX Colorado. I had a XXXX that I had paid off and owned entirely. 

The dealer then set up the paperwork for a ford van, trading my car in as collateral. 

After driving the van we discovered that it was previously damaged from an accident. 

This is where things get weird. 

Before we returned the van [ about 3 days ] they sold my car. I was then forced to buy a more expensive car, a XXXX XXXX. 

Shortly after taking possession of the vehicle, XXXX XXXX XXXX began not posting our payments, then became threatening. 

As I am a XXXX veteran and a negotiable person, I agreed to return the car back to the dealership completely undamaged [ which we did ] and left the keys inside the dealership. 

In XXXX XXXX we left the US for 24 months. 

XXXX XXXX XXXX wrote off the contract as I returned the vehicle undamaged. 

Then- out of nowhere comes a case filed in court against us for the entire cost of the vehicle by some party not affiliated with XXXX XXXX . 
We responded to the subpoena in writing mailed certified return receipt to the XXXX XXXX XXXX XXXX. 

The certified mailed return receipt response was properly addressed and mailed within the required time to respond. 

Several weeks later, we received the same mailed certified returned receipt response [ unopened ] and refused by the judge- A judge XXXX . 

That same judge then issued a summary judgement that did n't exist against me for some XXXX k. 

The total price of the car, a car we did not have as we returned it to the dealership as agreed with XXXX XXXX XXXX. 

In other words, a debt not real, or valid. 

The debt was sold to a collections firm in XXXX Colorado [ Machol & Johannes ] that is not affiliated with BBB, and suspect for illegal collection practices. 

They have upped the amount to nearly XXXX for debt I simply do not owe due to the judge refusing to open my mailed certified return receipt response and to review the fact that I had returned the car to the dealership undamaged as agreed with XXXX XXXX XXXX 

Someone has repeatedly vandalized our only vehicle-a XXXX XXXX XXXX XXXX, rendering it inoperable. We believe that this may be the work of the collection firm. So I am out of any vehicle now. Its XXXX. 

That XXXX collection firm that bought the debt is still trying to collect on a debt that never existed. 

I am tired of this constant illegality which began with a bait and switch by the XXXX dealer by the sale of the only car we owned [ the XXXX ], forcing me to purchase a much more expensive vehicle than I had intended-along with the harassment by XXXX XXXX XXXX which resulted I our returning the vehicle to the dealer undamaged- then the selling of the debt to a collection firm that is questionable in its business practices, Recently, I have noticed that a XXXX XXXX XXXX out of Ohio has been querying my credit record. 

It seems no one has done anything to look into these illegal business practices

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