Consumer complaint received 2024-06-15
Product: Debt collection — Credit card debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Malen & Associates, p.c. (NY)

I have XXXX cases open with XXXX XXXX XXXX who are operating as a debt collection agency on behalf of XXXX XXXX. Due to losing my job during the pandemic and the ensuing financial issues, my XXXX credit cards went into default and I was served a complaint for both ( although to this date I never did receive XXXX of the complaints in the mail, but that's another matter entirely ). During the months of XXXX XXXX, I sought legal advice and decided to enter stipulation agreements with this office for both accounts to pay {$50.00} a month each to avoid the lawsuits and hopefully pay off my debts. In hindsight, I feel like I should not have entered into these agreements as their office has made it extremely difficult to try to keep track of my balances and ensure my payments are being received on time. There were some hiccups with them giving me conflicting information in the beginning as well back in XXXX ( I was told by XXXX people on the same day my cases were on hold, then no they were not on hold, etc. I have detailed records of this info if needed ), but overall it was going okay until the beginning of XX/XX/XXXX when I called to check in to make sure I was up to date on my payments. The reason I called is that I missed XXXX 's payment but made it up shortly after and within the grace period on the stipulation letters ( XXXX  days ). To be exact, I made payments by phone and online to both accounts on these dates : XX/XX/XXXX, XX/XX/XXXX, XX/XX/XXXX, and XX/XX/XXXX. I have PDFs of the online payment confirmations and have been keeping a written record of the dates, times, and names of the associates when I called in to confirm they received the payments. When I called and spoke with XXXX back on XX/XX/XXXX, she said that I could make both accounts payments on the XXXX of each month which is what I had been doing. I didn't think the missed XXXX payment was an issue as I was well within the XXXX  day grace period. I wanted to make sure they received the payments and everything was in good standing, so I called in on XX/XX/XXXX and spoke with XXXX who said I was up to date on payments and they provided me my updated balances. I called again on XX/XX/XXXX to confirm they received both of the {$50.00} payments I made on XX/XX/XXXX as only XXXX was showing up on my online bank statement ( this turned out to just be a delay with the bank, however I did not know that at the time ). This time I spoke with XXXX who then said I was actually behind on my payments. At this point I requested to speak with a supervisor because I was getting frustrated with getting conflicting answers and just wanted someone with seniority to look at my accounts and tell me what was going on ( I was still being very restrained because I knew it was not XXXX 's fault that XXXX had given me false info, or that they did not take proper notes on the file ). I was then directed to XXXX, a manager, who said I was indeed good on my payments and that XXXX had made a mistake, but that there was no note on the file documenting my call with XXXX, though someone named XXXX does work there. I asked if I could get my payment and account status mailed to me so I could have it in writing and XXXX said sure, she would send it to my mailing address and I would get it in XXXX business days. I thanked her, apologized for my frustration, and that was that. Upon receiving the letters, the only information on them at all was just my account balance and they did not reflect when my payments were made, whether I am up to date, or when the payments are due which is all the info I had requested. I have copies of these letters as well as all of the other documents from since I was served, if needed I am happy to provide all the evidence and my written record of communication with XXXX XXXX XXXX to the CFPB to investigate this matter. They told me their calls are recorded so there should be audio of the misleading information I was given as well. Anyways, I then made payments of the agreed {$50.00} to both accounts again on XX/XX/XXXX, which is AHEAD of the XXXX of the month that XXXX said back in XXXX was when I could make both payments. This is when things got extremely frustrating and I have decided to make this complaint in the hopes of coming to a resolution. On XX/XX/XXXX at XXXX, I received a voicemail from XXXX XXXX XXXX XXXX XXXX XXXX a call back with no other info. I left a voicemail the same day at XXXX ( I was at work all day with limited cell service and access ) at the number she provided in her voicemail. On the voicemail I requested a call back from a supervisor as I again wanted to make sure somebody competent could review my accounts with me and I didn't get the wrong info again. After not getting a call back, I called again this afternoon XX/XX/XXXX at XXXX PM, talked to XXXX and immediately and politely requested to speak with a supervisor. After an extended hold, XXXX transferred me to XXXX, the XXXX I spoke with last month, who said that XXXX had not initiated communication. She said XXXX called me to return a call from ME, which was not the case, as I haven't called them since last month and that was when I had last spoke with XXXX. XXXX proceeded to talk over me and act extremely condescending on the phone when I tried to explain that I never made a call and I just wanted to know why they called me ( in case it was something important about my accounts ), and I even offered to send her screenshots of my call log showing the times of the inbound call, the voicemail, etc, but XXXX said sending that is not allowed. I also brought up the letters and conversation I had last month with her, as the information mailed to me was not the information I had asked for and she had told me she would send. XXXX acted like she didn't know what I was talking about, and said she is not able to mail the information I wanted, so I asked why she told me she would back when we spoke in XXXX. I admit at this point I became quite upset because she continued to talk over me and escalate the situation by being condescending and even laughing over me. I know that I am in debt and therefore in a vulnerable position, but that does not give their office an excuse to give people misleading info or treat people like they're subhuman. I have been making my payments in XXXX and doing everything I can to work with their office to move these cases to closure, and believe me if I could pay them off today I would. It has been a nightmare. Since the start, they have provided me with misleading information, either out of incompetence and bad record-keeping or out of malice. During our call today, XXXX kept trying to end the call with me and even threatened to have the representatives stop calling me then, and I said that's not what I was asking, I just want to know why I received a voicemail from them requesting a call back about my account ( s ). Obviously, I WANT to receive communication if it's something urgent about my accounts, and now I have to worry that she told them not to call me anymore with important information. XXXX only said " the wires must've got crossed somewhere '' when I continued to ask why I received the voicemail from XXXX and would not provide any other info. I said that in my opinion are unethical and borderline criminal, and I admit I did lose my temper on the phone, but I do not believe I said anything abusive to/about XXXX herself , my anger was more directed at the office and their bad record keeping. I used the phrase " you guys '' when expressing my displeasure. I again asked for the information on my payment/account status and if this could be mailed to me, which she said she said she could not send. She continued to be evasive, refusing to give me any information, then directed me to call XXXX of the attorneys at their office, XXXX XXXX, who was most likely not even in the office as it was afternoon on a Friday. At this point I no longer trust any information XXXX gives me, and since she was dodging my questions and only seemed to want to get off the phone without telling me what's going on, I asked her to remain on the line with me while I tried to call the number she provided in order to make sure it was a valid number for XXXX XXXX. After I asked this, the call suddenly appeared to drop. At this point I was almost in tears. After a moment I heard a recorded message on the line and hold music. I waited on hold until XXXX picked up again. She apologized and claimed she put me on hold because I can't call the attorney while she's on the line, and I said I can because my phone allows XXXX way calls. Unfortunately at this point my lunch break was over so I had to end the call without attempting the three-way and I said I would call later. I did manage to call the attorney at XXXX, which at least did appear to be his valid number because the voicemail message was his. I left a voicemail but I have not heard back and don't expect I will, and if he does call me back it will likely be while I am at work next week and I will still be without this information that I feel is extremely urgent. I still don't know why their office called me, whether there was an issue with XXXX of my payments or something else, and I still don't know what my account status is. I get paid next week and at that point I will make my {$50.00} payments online as I have been. I left that on the attorney 's voicemail as well. I hope your agency can reach out to their office and get to the bottom of this. I imagine the CFPB has to XXXX through a lot of overblown/false complaints from upset people but I feel that my experience genuinely reflects that something unethical is going on with that office, or at the very least they are dangerously incapable of doing their jobs which could result in defaulting/my life being ruined when I am making my payments and genuinely trying to pay off my debts and put this behind me. I am fed up with being given the runaround, given different info every single time I call so that I don't even know what's going on with my cases, and outright being told that I never got the initial voicemail from XXXX yesterday asking for a call back even though I have a timestamped record of it on my phone 's call log and the actual voicemail still in my phone. Again, I am someone who believes in never attributing to malice to what could just be incompetence, but this has been so persistent and pervasive that I feel that making this complaint was absolutely necessary in order to protect myself as well as everyone else who has the misfortune to deal with XXXX XXXX XXXX.