Consumer complaint received 2024-07-12
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: ZWICKER & ASSOCIATES (MI)

I enlisted the services of XXXX XXXX to help manage and resolve my significant debt. XXXX XXXX advised me to stop all payments to creditors as part of their debt settlement negotiations. 

It came as a complete surprise to me when I learned that I was being sued by Zwicker & Associates, allegedly on behalf of XXXX XXXX. I never received any collection notices or any form of outreach whatsoever from this law firm or XXXX XXXX  leading up to this lawsuit. Nor was I ever served. 

It is unclear whether XXXX XXXX  still owns the alleged debt or if Zwicker & Associates now does since no documentation has been provided to me outlining the status. I have received none of the following : - chain of title supporting any sale of the debt - a breakdown of how the alleged debt was calculated ( statement of how the total amount of claimed debt was determined, including a specification of the original debt amount, interest, and claimed fees or penalties ) - evidence that I authorized the alleged debt. 

At first blush, it appears that Zwicker & Associates is engaging in either similar, or the same illegal practices that XXXX XXXX XXXX partook in where the CFPB brought suit against this firm which ultimately ended in a settlement between this firm and the CFPB just last year. That is, Zwicker & Associates appears to be operating in the same debt collection mill fashion without having the appropriate documentation to support the debt before bringing any debt collection legal action, among other evidence of mass lawsuits across various jurisdictions with a small number of attorneys working at the firm, and engaging in mass account screening methods just as XXXXXXXX XXXX XXXX did. 

Possibly the most alarming issue that is effecting me personally is I accepted a settlement offer with terms that Zwicker & AssociatesXXXXXXXX XXXX did not follow through on. Again, it is unclear if Zwicker & Associates bought the alleged debt from XXXX XXXX  or if XXXX XXXX  still owns the alleged debt since I have not been provided any documentation outlining such. 

XXXX XXXX and Zwicker & Associates, perhaps on behalf of XXXX XXXX  or on behalf of itself, negotiated a settlement amount of {$13000.00}, with re-payment terms over 24 months that I accepted through the XXXX XXXX Program on XX/XX/2024. However Zwicker & AssociatesXXXXXXXX XXXX XXXX not follow through on submitting the appropriate paperwork to XXXX XXXX to finalize this offer and reneged on the settlement offer it offered. It appears this was a fictitious settlement offer from Zwicker & AssociatesXXXXXXXX XXXX  XXXX XXXX never intended to follow through on but instead intended to pursue aggressive litigation tactics to intimidate and harass someone going through financial hardship who is actively trying to resolve and work out a settlement plan. This course of conduct in offering fictitious settlement offers with no intention of following through on the offer once someone accepts the settlement offer violates the Consumer Financial Protection Acts prohibition against deceptive acts and practices. 

I am anxious to resolve this issue and want to work with XXXXXXXX XXXX to resolve this matter once and for all. Hence my acceptance of the settlement offer with terms they put forth. I was and am still experiencing financial hardship. I relied upon the settlement offer that Zwicker & AssociatesXXXXXXXX XXXX made and negotiated with XXXX XXXX. These practices outlined herein are alarming, violate both state and federal law, disregard my current financial situation, and economic challenges many are facing including myself, and highlight unfair, deceptive, and non-cooperative debt collection practices. 

These practices highlighted herein also raise concerns about XXXXXXXX XXXX XXXX commitment to working with consumers to find fair resolutions in times of financial difficulty and also raise concerns about transparency, honesty, and fairness from XXXXXXXX XXXX  and its legal representatives which is crucial in fostering trust and fairness in financial services.