a ) KeyBank stopped using the existing ACH debit. An ACH payment was in existence, created through Key. Key stopped utilizing the ACH arrangements without any notification in XX/XX/XXXX. The Payor did not terminate the ACH payment. The Payor received no notification that Key would no longer process payments through the existing ACH. Key Bank has not fulfilled it fiduciary responsibility as servicer. 
b ) Key failed to set up a new ACH in a timely manner. When the Key ACH debit was not occurring the Payor went to the branch and discussed this issue with XXXX XXXX XXXX. The Payor was required to provide a cancelled check to set up a new ACH. The Payors expected Key to act in a timely manner so that the ACH debit would be in effect before the next payment was due. Key was negligent in maintaining, establishing, or reestablishing the ACH. 
c ) The Payor made repeated trips to Key 's XXXX Ut. Branch. A minimum of XXXX trips were made to the branch to speak with XXXX XXXX when it was noticed that the monthly ACH Payments were not being drawn. The Payor made payments each time as per the amount that XXXX XXXX stated was owing to bring the account current while waiting for the Key to originate the new ACH. The Payor acted in good faith with the expectation that Key would establish the new ACH payment and its monthly use. These payments have not been applied appropriately. Key 's inactions have harmed the Payor. The actions and inactions of Key have : ( 1 ) harmed the credit of the Payor, ( 2 ) may have caused additional interest and fees to be charged and ( 3 ) may have caused that the incorrect amount was applied towards the principal. 
d ) The Payors have paid the amount/s owing to bring the account current. With the new ACH in place the Payor receives a statement showing that {$180.00} is credited as a payment to the account each month on or about the XXXX day. After receiving the monthly statement from Key, that the ACH payment has been made a notice of a late payment is received. This is ambiguous and confusing. 
e ) The Payor received a call on XX/XX/XXXX. The Caller ID showed XXXX. The caller asked for the Payor 's Social Security Number. Again, the Payor went to speak with the Key Branch XXXX. because of the suspicious nature of this call and asked again regarding the status of the account. XXXX XXXX made a phone call and was put on hold. At the end of the call, XXXX XXXX ONLY gave me amounts of the XX/XX/XXXX payments. I asked if I could get a printout of the account information showing the payments made. XXXX XXXX stated, " IT WOULD JUST HAVE A LOT OF NUMBERS ON IT THAT YOU WOULD NOT UNDERSTAND ''. XXXX XXXX then said " I HAVE SPENT XXXX MINUTES WITH YOU - THAT 'S ALL I AM GOING TO DO ''! 
f ) I contacted XXXX XXXX a certified HUD counselor. On XX/XX/XXXX, the Payor and counselor spoke with a representative of Key Bank and asked for account information & clarification to be provided in writing. The Payor stated that the account is disputed, requested copy of original mortgage papers. The Payor had questions if payments we correctly applied. A form cover letter dated XX/XX/XXXX was received on the XXXX of XXXX with a spreadsheet of the account history and no written explanations. The information is not self-explanatory. The letter does not provide a name and phone number for a person to contact. 
g ) Next, the Payor received a call from a KeyBank representative stating that there is a past due amount owing. The Payor stated this issue was being disputed and the Payor had requested information in writing. Now the Payor receives an average of two daily phone calls. The phone rings only XXXX times. The caller ID shows KEYBANK XXXX. When the Payor pick up the phone, the Payor get a dial tone. No one is there. The Payor feels harassed by these calls and has been told that such calls are illegal