Consumer complaint received 2024-07-13
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: Weber & Olcese, PLC (MI)

XX/XX/XXXX, my mother suffered a XXXX but was misdiagnosed with XXXX XXXX at the hospital that I initially took her to. I was unable to return to my full time corporate job as I became my mother 's decision maker and once released her caretaker. I wrote to all of the credit card companies explaining my situation and sent payments that were below the required " minimum payment ''. I made these payments as good faith payments since I was unsure of when I would be able to get back to work. My mother wasn't diagnosed correctly until the end of XX/XX/XXXX. 
When I received communication from Weber & Olcese in reference to my debt with XXXX XXXX with the deadline of XX/XX/XXXX, I was just beginning to seek full time employment in a corporate setting. My mother 's health was stable although drastically altered. I was hired to begin my new full time position XX/XX/XXXX. I made several calls to Weber & Olcese and was never able to speak to anyone directly. I left several voicemail 's but never received a call back about my willingness to set up a payment arrangement for the XXXX XXXX debt. 
After researching Weber & Olcese, not answering the phone and never making return phone calls is common practice for this firm. Weber & Olcese goes out of their way to keep people going in circles, spinning their wheels when trying to resolve the debt in question. Weber & Olcese 's only goal is to get the debt fast tracked to garnishment. This statement is not my opinion but my first hand experience with Weber & Olcese and countless other 's as documented on XXXX XXXX XXXX XXXX website, XXXX reviews and many other online platforms. 
I would not receive my first paycheck until XX/XX/XXXX. I mailed a payment of {$100.00} to their office dated XX/XX/XXXX in the form of a money order. On it, I included the file number for the XXXX XXXX account and a letter explaining that I just got back to work full time and would keep making {$100.00} monthly payments to resolve the XXXX XXXX debt. I also explained that I called several times and left several voicemails to set up a payment arrangement but never received a return call back to do so. 

I received a confirmation of payment receipt from Weber & Olcese. There was also a generic message with a representative name XXXX and a contact number ( the same number that went unanswered along with voicemails that were not returned. ) I say this was a generic message as it also stated that Weber & Olcese is willing to make payment arrangements. 

I mailed my second {$100.00} payment in the form of a money order dated XX/XX/XXXX towards the XXXX XXXX debt. I received confirmation that Weber & Olcese received my payment XX/XX/XXXX with the same verbiage as the first confirmation of payment I received. 

I mailed my third payment of {$50.00} in the form of a money order dated XX/XX/XXXX towards the XXXX XXXX debt that I was continuing to acknowledge with payment. I received the confirmation of payment notice that Weber & Olcese received my payment on XX/XX/XXXX which included the same verbiage as the last XXXX confirmations On XX/XX/XXXX I received notification from my employer that they received a court order/ garnishee disclosure ( XX/XX/XXXX ) to garnish my wages as soon as sufficient funds were made available. c I wrote to Weber & Olcese on XX/XX/XXXX and mailed them a copy of the garnishment disclosure that I received along with copies of the XXXX payments that I made to them for the XXXX  XXXX debt I that I was now being garnished for. I explained in my letter that after several failed attempts to speak with someone directly, after receiving XXXX communication back to the several voicemails that I had left, I interpreted Weber & Olcese accepting my payments as an acknowledgement to the agreement of a payment arrangement offered by them indicated on each payment confirmation that I received for the payment I sent towards the XXXX  XXXX debt beginning XX/XX/XXXX as printed on the Money Order. 

I mailed my fourth payment of {$100.00} in the form of a money order dated XX/XX/XXXX towards the XXXX XXXX debt. Weber & Olcese sent a confirmation that payment was received XX/XX/XXXX and included the generic verbiage as the last XXXX confirmations I received from them. 

I stopped making payments to Weber & Olcese toward the XXXX XXXX debt after the payment dated XX/XX/XXXX, as my wages would be garnished the next pay period and every pay period until the debt was resolved. 
The garnishment for my XXXX XXXX debt was resolved on XX/XX/XXXX. 

On XX/XX/XXXX I received correspondence from Weber & Olcese in reference to a debt that they stated I owed. I did not recognize the original creditor listed, " XXXX XXXX XXXX XXXX ''. I called XXXX XXXX XXXX XXXX and was finally able to speak to a representative who was unable to give any details of the account since it was now closed. 

On XX/XX/XXXX, I sent XXXX XXXX XXXX XXXX '' c a message online and was able to speak with a representative about my situation. 
The representative wasn't able to shed any insight except that the account was opened on XX/XX/XXXX. The representative stated that he would file a claim about my inquiry on my behalf. 

I created a XXXX XXXX account to as an attempt to gain insight. The original creditor was listed as " XXXX XXXX XXXX XXXX " and the date the account was opened was XX/XX/XXXX. I didn't have employment in XXXX and knew that I didn't apply for a credit card myself as I had no income to pay the bill and certainly wouldn't have been approved for a credit card if I tried. I filed a dispute through XXXX XXXX. 

XX/XX/XXXX I received a letter from XXXX XXXX XXXX, XXXX in reference to payments made on the " XXXX XXXX XXXX XXXX '' account. The dates ranged from XX/XX/XXXX until XX/XX/XXXX. This only added to my confusion since I had only sent payments to Weber & Olcese for the XXXX XXXX XXXX via money order and included that file number with every payment sent. 

This went on for months. XXXX XXXX XXXX finally responded to my repeated disputes with copies of the credit card statements which included the XXXX original creditor listed on the header as " XXXX XXXXXXXX XXXX  ''. 
On XX/XX/XXXX my former employer was served with a garnishment disclosure for this debt. I was no longer employed with that company so I received the garnishment disclosure in the mail. 

The garnishment disclosure received XX/XX/XXXX, included included a file number so I was able to see what Weber & Olcese had done. The first payment that I sent to Weber & Olcese on XX/XX/XXXX for {$100.00} towards the acknowledged XXXX  XXXX debt was applied to the " XXXX XXXX XXXX XXXX '' debt .The payment I sent on XX/XX/XXXX for {$50.00} was also applied to the " XXXX XXXX XXXX XXXX XXXX account and not to the XXXX  XXXX account as I indicated on the money order. 
Weber & Olcese sent me a letter dated XX/XX/XXXX offering a chance for me to make payment arrangements for the " XXXX XXXX XXXX XXXX '' debt. It was only when I received the garnishment disclosure dated XX/XX/XXXX ( date received by my former employer ) that I was able to see the File Number listed and begin to finally put everything Weber & Olcese had done together. 

The payment I made for the XXXX  XXXX debt dated XX/XX/XXXX was applied to the " XXXX XXXX XXXX XXXX '' debt that I began to dispute once I received the letter from Weber & Olcese dated XX/XX/XXXX. XXXX XXXX XXXX wrongfully applied payments that I made to my XXXX  XXXX debt to a debt that I HAD NOT even acknowledge in order to dispute. XXXX XXXX XXXX uses these unfair, unethical tactics aided by the court system to make the Fair Debt Collection Practices Act to work in their favor. The act states that if a payment is made on an account, you are claiming the debt and the time limit to collect resets. 

The list of payments provided by XXXX XXXX XXXX also included a payment for {$7.00} on XX/XX/XXXX. I received a letter from Michigan Department of Treasury dated XX/XX/XXXX with the header " Notice of Income Tax Refund Used for Debts '' in the amount of {$7.00}. This letter doesn't include a file number only a case number that I received over a YEAR later via my former employer on XX/XX/XXXX. The list includes payments of {$10.00} each beginning XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. I was never sent proof / confirmation of who made those payments or where they came from. The remaining XXXX payments listed were wrongfully applied in order to make it appear I acknowledged a debt that I hadn't even had the opportunity to acknowledge and or dispute. 
Weber & Olcese used my acknowledgment of a completely unrelated debt to create a lie before I was even afforded the opportunity to dispute. 

It is not only disgracefully unethical but is against the law detailed in the Fair Debt Collection Practices Act. It's not a crime for businesses to never answer the phone or never return calls to voicemail 's left, but it is unlawful to take it upon yourself apply payments intended for the debt that HAD been acknowledged, to an account that had NOT yet been acknowledged by the person making the payment with the intention of being deceitful with the sole purpose to make the lie you created work in favor of your law firm.