Consumer complaint received 2024-03-14
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: Aldous & Associates, PLLC (FL)

On XX/XX/XXXX I spoke with a representative of Aldous and Associates PLLC and conveyed routing and account number for ACH withdrawal of XXXX USD from my bank account to fulfill a collections debt to the creditor XXXXXXXX XXXX The representative took my information, read the numeration back to me, and proceeded to process the payment. I had asked for a standard confirmation of sorts sent to my email for records, they expressed I will get one soon. 

On XX/XX/XXXX, I received an email from the company, attached in this complaint, with very obfuscatory language regarding my payment to them. I made a payment of the full amount owed to the creditor, in good faith and was expectant of, at the very least a confirmation of my attempt. The language used in the email is coercive and places me, the consumer, in a disadvantageous position because I can not reasonably discern what is happening with my payment attempt the day prior. Phrases like " thank you for organizing voluntary compliance on your account with -blank- '' and " your faithfulness to the below arrangement will ensure that any additional penalty is not necessary '' do not concretely indicate confirmation of my payment attempt when the information it's alluding to is not even there. In the body of the email there exists no " below arrangement '', as there is a large blank space that says absolutely nothing. All I did was supply the company with a routing and account number to make a payment of XXXX USD, nothing more, nothing less. If there were other arrangements ancillary to that, they were not communicated to me. The email contains verbiage " Listed below is the first payment agreed to ; any other payment agreed to will be withdrawn according to the plan you set with the representative. '' Again, there is nothing in the space to where the email is alluding to, and the phrase " first payment '' implies the existence of a second one, to which I did NOT agree to at any point. With this communication considered, I still contacted the company by phone within this 24 hiur period and asked when I will get a more concrete payment confirmation. I was advised I would get a second one when the payment actually settles. This was conveyed to me at least twice by two different associates at the company, and only after I was hung up on by a manager for requesting accuracy in information. 

In early XXXX, after receiving not a single phone from Aldous and Associates in regards to the status of my payment, I was made aware of a letter from them dated XX/XX/XXXX. In this letter it states " Thank you for your payment of {$85.00}. Your debt is now reconciled and the legal matter existing between you and the original creditor is resolved as long as there is no problem securing your payment. '' Again, obfuscatory language regarding my payment. In one sentence I'm being thanked for making my payment, and in another I'm being subjected to further conditionality in getting a payment confirmation. 

There is another letter dated XX/XX/XXXX from the company establishing that my " debt payment with our office has declined. '' Upon seeing this, and knowing well that I have funds in the bank account I provided to cover the debt of {$85.00}, I called the company on XX/XX/XXXX and spoke with someone named XXXX. XXXX iterated to me that on XX/XX/XXXX my payment of {$85.00} " backed out. '' I asked why was the payment declined, as I am fully aware that for XXXX bank payments, there is always a Return Code. XXXX did not disclose a return code to me and stated their system did not generate one. Ever since I originally conveyed my ACH routing and account information to Aldous and Associates, I have been abreast and waiting for a notification of an ACH withdrawal attempt from my bank, about the {$85.00}. My bank confirmed to me there never was an attempt to debit that amount from my bank account. I find this laughably suspicious and am bereft of any confidence in the competency of this company to resolve my debt with XXXX. 

On XX/XX/XXXX, I contacted the original creditor, XXXX ( XXXX XXXX XXXX XXXX ), at the branch I used to frequent and spoke with a branch manager tnhat furnished a document for me. This document, attached to this complaint is a ledger indicating the original debt owed by me that was sent to Aldous & Associates, has been resolved since XX/XX/XXXX. That is apparent and visible in this account ledger belonging to me. So now, If I'm being sent letters to my home vaguely stating my payment was successful, then it was declined, but wait, the debt collector conveyed to the creditor that my debt is fulfilled, what am I to think as a consumer. This is not a fair position to be in as a consumer and someone who paid Aldous and Associates the amount of {$85.00} to resolve their debt. The situation I find myself in is deceptive on the part of Aldous and Associates, and if we are to brandish UDAAP, their acts hits on all three points of examination criteria for " deceptive '' acts : ( 1 ) The act or practice misleads or is likely to mislead the consumer ; ( 2 ) The consumers interpretation is reasonable under the circumstances ; and ( 3 ) The misleading act or practice is material. 


I am a consumer with a vested interest in receiving accurate information. This has not been the case in reference to collection of debt I owe. Aldous and Associates has misrepresented my debt. Lastly, my interpretation of the information conveyed to me from them regarding my debt, has been reasonable.