Consumer complaint received 2021-03-04
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Suttell, Hammer & White, P.S (CA)

A judgement was won against me for an old debt in the amount of {$6100.00}. I negociated a settlement agreement after judgement of {$2400.00}. This amount was to be paid in 24 payments of {$100.00} each beginning XX/XX/XXXX and ending XX/XX/XXXX. There are no prepayment penalty restrictions in the agreement. Agreement simply states they accept the amount if paid as follows : and the schedule of XXXX payments with dates follow. 

On my first payment I sent 2 {$100.00} money orders and clearly wrote on each with month to apply payment : 1st money order " for XXXX, XXXX payment '', 2nd money order " for XX/XX/XXXX payment ''. These were mailed on XX/XX/XXXX. Well in advance of due date of first payment due on XX/XX/XXXX. 

I continued to make my payments in this fashion as follows : on XX/XX/XXXX I sent 3 {$100.00} money orders clearly marked to apply to XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX on XX/XX/XXXX I sent XXXX {$100.00} money orders clearly marked to apply to XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX. 
on XX/XX/XXXX I sent 3 {$100.00} money orders clearly marked to apply to XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX on XX/XX/XXXX I sent 3 {$100.00} money orders clearly marked to apply to XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX on XX/XX/XXXX I sent 2 {$100.00} money orders clearly marked to apply to XX/XX/XXXX and XXXX XXXX. 

At this point I was paid well in advance and no payment was due until XX/XX/XXXX. Even though there were not monthly payments all payments had been made well in advance to cover all months and no payments could be considered missed or late. 

On XX/XX/XXXX I sent a {$800.00} money order to pay the balance of settlement agreement. This would cover the last 8 payments due through XX/XX/XXXX. I marked on face of money order " Full & Final Payment ''. That payment was returned to me my Suttell and Hammer with a letter stating " due to restrictive language on payment :. I called their office 2 times and had to leave voice mail message. No call was returned. 
On XX/XX/XXXX I sent a replacement {$800.00} money order for the balance of settlement agreement as stated above, but only wrote " final payment '' in the memo area. This payment was also returned to me with a letter stating " The settlement for this account has been defaulted '' I had received a call from XXXX XXXX prior to receiving the returned money order. She said that they had not received a payment from me since XXXX and the account was in default. I explained that no payment was due until XX/XX/XXXX and that I had paid in advance. She said that was not allowed. I said there was nothing in the agreement forbidding prepayments. She said well we have a judgement and I am returning your money order and you still owe us the balance of the judgement. I told her I would be getting an attorney and ended the call. 

Suttel and Hammer, along with their client XXXXXXXX XXXX XXXX have acted in bad faith and taken advantage of me. They have a judgement which allows them to do alot of things that would have a huge impact on my financial condition and working ability. They are bullies and liers. They should be penalized for their actions. 

I met and exceeded the terms of the settlement agreement and I have now had to pay over {$800.00} in legal fees to fight this action. I am asking that they have to pay those fees for acting in bad faith and no doubt, breaking consumer protections laws. I would like this agreement to be considered Paid in Full and a Satisfaction of Judgement sent immediately. I am asking that the {$800.00} money order they have returned to me 2 times be allowed to be applied to the attorney fees I have had to pay, and assessed as a penaly to them, while still allowing that the settlement agreement be considered paid in full.