Consumer complaint received 2015-06-28
Company: Mullooly Jeffrey Rooney & Flynn
State: NY
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Taking/threatening an illegal action
Sub-issue: Sued where didn't live/sign for debt

Complaint:
XXXX XXXX was my tenant for a year from XXXX XXXX until XXXX XXXX. At XXXX 's suggestion to protect me from any unpaid charges, XXXX XXXX established her own delivery account, which XXXX approved. She was billed directly for her oil usage and for the service agreement that year. 

When XXXX XXXX vacated my property in early XXXX XXXX, I contacted XXXX and was advised that XXXX XXXX 's account would be charged for oilusage through XXXX XXXX, XXXX and for any additional oil needed to fill the tank. 

In XXXX XXXX, XXXX XXXX XXXX, a XXXX representative, emailed me and required that I pay an unpaid invoice of XXXX XXXX 's, in the amount of {$510.00}. When I refused because I am not contractually obligated to pay XXXX XXXX 's unpaid account balance, XXXX XXXX XXXX became belligerent, confrontational, and threatened legal action. There was no desire to reach an agreement, and this raised my suspicions of XXXX 's tactics. For awhile, XXXX co-mingled my and XXXX XXXX 's accounts. I refused to make a payment after my {$320.00} payment of XXXX XXXX, XXXX until XXXX could assure me that my account had been satisfactorily cleared of her charges. 

With my account balance still uncertain, XXXX closed my account on XXXX XXXX, XXXX for nonpayment, charging a total of {$170.00} in late fees and a {$390.00} early termination fee. 

In XXXX XXXX Credit XXXX XXXX XXXX emailed me that she had removed the {$580.00} service agreement charge and transferred XXXX charges ( of {$580.00} and {$690.00} ) to XXXX XXXX 's account. 

My XXXX XXXX account balance remained {$2500.00}, unchanged since XXXX XXXX when the {$390.00} penalty had been imposed, and failed to reflect the {$580.00} credit I had been promised. XXXX showed no desire to keep its promises and to correct my account balance, so I held back my payment. 

Even if that credit had been applied, I believed that XXXX had other corrections to make. It should reopen my account and forgive the {$390.00} penalty and {$170.00} in late charges, prove that XXXX XXXX 's account had been charged to top off the tank in XXXX XXXX and that the {$510.00} delivery charge of XXXX XXXX, XXXX was mine. Coming just five and one-half weeks after the XXXX XXXX delivery, I doubted using that much oil, since the house had been mostly unoccupied with the thermostat set at a very low XXXX degrees. 

In XXXX XXXX XXXX sent my account for collection for {$2000.00} to Mullooly, XXXX, XXXX, XXXX XXXX XXXX, a collection agency and law firm. 

The corrected {$2000.00} balance sent for collection reflected the {$580.00} credit I had been promised but never given the opportunity to pay. I was forced to discuss the other questionable charges with XXXX XXXX, a representative of the firm, who showed little interest in making any further corrections. Although he readily agreed to remove the {$390.00} early termination fee and to consider my other requests if I sent them in writing, he in fact removed no charges at all -- not even the {$390.00} as promised! What is more, without warning me, he entered a lawsuit for the entire {$2000.00} and in XXXX County where I neither reside nor where the debt is owed. 

Because of the lawsuit I was required to employ my attorney at a substantial cost.

Company response to consumer: Closed with explanation