Consumer complaint received 2023-08-19
Product: Debt collection — Other debt
Issue: False statements or representation — Attempted to collect wrong amount
Company: Axela Technologies, Inc (TX)

I purchased a piece of property on XX/XX/XXXX. At that time, I paid HOA fees in the sun of {$110.00}, for the year of XXXX, From that point through XX/XX/XXXX, I received no information of a payment schedule, HOA point of contact, or any other HOA related information. In XX/XX/XXXX, I received a letter from Schwartz Vays, a collection, agency, for a past due HOA fee and additional fees added by the collection agency, in the amount of {$360.00}. The HOA was {$110.00} and remaining amount were additional fees, added by the collection agency. These fees were not approved in any contract or agreement within the HOA. 
The collection agency was contacted XXXX XX/XX/XXXX, immediately upon receipt of collection bill. Only then was I provided the HO a point of contact and phone number. I contacted XXXX XXXX, XXXX XXXX. She indicated, billing was sent to my address, but were returned undelivered. Notifications were sent to the wrong address. XXXX XXXX emailed XXXX XXXX XXXX on XXXX XXXX to explain the situation and requested Reduced charges, since the non-payment was to no fault of mine. XXXX XXXX was nonresponsive. I followed up with the email on XXXX XX/XX/XXXX to request immediate information relating to the billing. Again the company failed to acknowledge or respond to the correspondence sent by me or XXXX XXXX ( HOA ). 
Schwartz Vays was contacted by phone and a written dispute was entered into the companies website on XXXX XX/XX/XXXX. This informed the company specifically at the disputed amounts which included the companies additional fees. These fees were unauthorized in accordance with the fair debt collection act. They were not authorized by the HOA contract. Once again, no response was provided and the company continue to add additional and late fees. This goes against the companys correspondence as indicated, if you contact us through your online account or right to us by XXXX, XX/XX/XXXX, we must stop collection on any amount you dispute until we send you information that shows you owe the debt. The company continue to send correspondence, indicating a lien would be submitted on my property if payment was not received. There was no acknowledgment of the dispute or any other communication. 
The company has violated my rights in regards to communication and the dispute process, but has also wrongfully added charges which goes against the fair debt collection, practices act, which states the collection of any amount, including any interest, fee, charge, or expense incidental to the principal obligation. Unless such amount is expressly authorized by the agreement, creating the debt or permitted by law. Fees charged in excess of {$260.00} were not in the HOA agreement.

These fees also are against the unfair debt collections act ( Tex Fin Code Ann 392.303 ) ( 2 ) Collecting or attempting to collect interest or a charge, see or expense incidental to the obligat
ion unless the interest or incidental charge, C, or expense is expressly authorized by the agreement, creating the obligation, or legally chargeable to the consumer. Once again, these fees were not authorized or agreed upon in the HOA.