Consumer complaint received 2023-07-21
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: Patenaude & Felix A Professional Corporation (PA)

New issues have come up since my previous complaint XXXX. After I submitted that complaint on XX/XX/XXXX, I sent several emails to XXXX customer service and Patenaude & Felix. It took a full week XXXX XXXX XXXX  before ANYONE from either company said a single thing back to me. When XXXX replied to the complaint directly on XXXX, they stated : If the attorney does not receive payments from you, the attorney may commence legal action. But that NEVER HAPPENED! Ive been paying on this account for the past two years! Small payments, yes. Uneven payments at times, yes. Sometimes every month, sometimes every other month. But I always paid the same way for two years, and I never STOPPED paying anything. In all that time, no one from XXXX  or P & F ever contacted me to warn me, or tell me I was doing something wrong, or demand more out of me. This lawsuit happened out of NOWHERE, for no justifiable reason I can understand. And the fact it popped up right after a six-month wave of anonymous Identify Theft makes this situation TERRIFYING! On XX/XX/XXXX, P & F violated my FDCPA consumer rights by trying to use the lawsuit as leverage to force me to drop my Do No Call request. I tell all my creditors ( until theyve done illegal ) that theyre free to contact me all they want, but PLEASE PLEASE PLEASE dont call me, and only put their communication in written letters or e-mail. What has developed over the past few weeks shows precisely WHY I want to keep everything in writing. When P & F wrote to me on XX/XX/XXXX, they were ignoring ALL of my other concerns, and trying to urge me to let me call them so we could work out a settlement. These people come off like robots whose only concern is demanding money, regardless of anything they do wrong in the process. Between XX/XX/XXXX and XX/XX/XXXX, I threw caution to the wind and tried to propose my own tentative payment plan to make them happy : {$100.00} per month, but Im a little worried how much my Federal student loans are going to eat into my monthly budget once they resume in XXXX. P & F responded to this by rushing me into a contract where they demanded that I dont go to court and let them have a Default Judgment against me. The problem is, the entire contract repeatedly misspells the Judges name. They never once spell XXXX XXXX XXXX XXXX name correctly, so the entire contract is written to a Judge who TECHNICALLY doesnt exist. I signed it, I e-mailed it back to P & F on Wednesday XX/XX/XXXX, but I IMMEDIATELY outlined my concerns on the legality of this contract in the same e-mail to P & F. I mailed a print-out of this contract to XXXX XXXXXXXX on Thursday XX/XX/XXXX ( as per P & Fs instructions ), along with copies of the e-mails I sent P & F and a copy of the original XXXX CFPB complaint so she can review it. I made my first payment this morning ( XX/XX/XXXX ) as tentatively agreed, but I have never stopped questioning the legal validity of this contract P & F forced me to sign. P & F has completely ignored any concern Ive brought up. They havent even offered to spell XXXX XXXX name correctly! I have to call the district courthouse on Monday XX/XX/XXXX to figure out what exactly is going on ( i.e. if XXXX XXXX accepted the payment agreement contract despite the errors ). And on Tuesday XX/XX/XXXX, we MIGHT end up going to a trial, where my future financial livelihood is at stake, SOLELY because XXXX lawyers didnt properly write the contract that was supposed to prevent the trial! And their e-mail responses are dodgy, to say the least.