Consumer complaint received 2021-07-02
Product: Debt collection — Credit card debt
Issue: Communication tactics — Frequent or repeated calls
Company: Friedman & Associates, LLC (MD)

First and foremost, I want to be clear about the nature of my complaint because none of the click-button choices describes exactly the category in which this complaint may fall. 

In XX/XX/XXXX, I began falling behind on all of my consumer debts, including a personal line of credit from Education Systems Federal Credit Union ( " ESFCU '' ), from whom I had previously obtained countless and numerous other loans, all of which had been paid back very successfully and well before their maturation dates. This includes auto loans, home equity line of credit, credit card and another personal line of credit. 

The reason I fell behind, not that anyone has ever asked to understand what happened, was due to signficant litigation I was involved in, which drained me financially. On top of this, my brother in law, with whom I was extremely close, XXXX away from a massive XXXX XXXX that month ; colleagues and co-workers were either suffering miserably from Covid-19, including deaths to some individuals ; my best friend XXXX of XXXX XXXX ; i fell into a massive XXXX and began to lose quite a bit of income. I am 100 % commission income, and when your head is no longer in the game, you begin to suffer more than just emotionally. I suffered drastically to the point where I finally sought counseling and therapy. This had begun before I started to go bad on my debts. 

I had a total of 12 trade lines that went bad, including the subject debt. In early XXXX, through much mental reconditioning, I began to get myself back on my feet, had a new outlook on life, was no longer suicidal, was earning income again. As a result, I began contacting all of my creditors in an attempt to settle everything I owed, as best as possible given my abilities. 

To date, and as of a month ago, I have settled every single debt and have received confirmation from the creditor or their reprsentatives indicating such. All but ESFCU. 

Beginning some time prior, I had begun receiving collection letter or similar documents from XXXX XXXX of Friedman & Associates, a law firm that I am told was hired to try to collect the $ XXXX owed to ESFCU. I believe the very 1st letter was dated XX/XX/XXXX. I never responded to FRIEDMAN because I had nothing to offer yet. At the time I began receiving his letter ( s ), I had no resources to try to resolve the debt. 

On XX/XX/XXXX, I called FRIEDMAN & ASSOCIATES and spoke to " XXXX '', who I was told was a paralegal who could help in resolving this matter. XXXX told me the total debt was {$25000.00} ( with accumulated interest and certain fees ), and that XXXX would only accept 100 % of the outstanding balance of {$24000.00} as a potential settlement. This was rather shocking to me because every other debt I had resolved were all " cents on the dollar '', some of which was 10 % of the outstanding balance, and as high as 60 %. 

On XX/XX/XXXX at XXXX, I called ESFCU collections department and spoke to " XXXX ''. I tried to settle the matter by offering as much as 50 % of the balance. XXXX replied that they couldn't accept any money from me because the debt had essentially been sold to FRIEDMAN already. 

On XX/XX/XXXX, I sent a reply to clerk of the court for XXXX County, MD, in response to a WRIT OF SUMMONS I had received a few days prior. In my reply, I noted to the clerk of the court that I didn't know who the real creditor was at this point, and with whom I should be speaking to try and solve this matter. Please note, I have never disputed that I took on this debt from ESFCU. Despite legal advice received to do so, I am acknowledging this debt, but I'd like to reach an amicable resolution fair to both parties, whomever may be my counterparty. 

On XX/XX/XXXX at XXXX, I called XXXX again at FRIEDMAN & ASSOCIATES and left a message. No replies. 

On XX/XX/XXXX at XXXX, I called and spoke to XXXX directly. She indicated XXXX 's demand was {$20000.00} to resolve this, funds that I didn't have and still don't. 

On XX/XX/XXXX at XXXX, I missed a call from FRIEDMAN 'S office. Their voicemail indicated " let 's try to resolve this ''. 

On XX/XX/XXXX at XXXX, I returned their call and left a message for FRIEDMAN after I was told he was out of the office. 

On XX/XX/XXXX at XXXX, I spoke to FRIEDMAN directly, and in response to my question about who really owns this debt, he assured me ESFCU still is the creditor, that it is their debt to collect, that he is simply the attorney retained to file legal action against me in an attempt to try to collect this debt. During this call, I explained to FRIEDMAN that ESFCU was the only creditor left that I had yet to resolve, and I was ready and able to make a {$15000.00} one-time payment to settle this debt as well, and move on with my life. FRIEDMAN explained that it was not his decision to accept any offer, that he would have to submit my request to his client, ESFCU. 

On XX/XX/XXXX, I was informed my offer had been rejected. 

On XX/XX/XXXX at XXXX, I spoke to FRIEDMAN again and advised him I had accumulated another {$3000.00}, and therefore my offer was now {$18000.00} to resolve this matter. This amount represents 75 % of the outstanding balance. FRIEDMAN again said he would submit my request. 

On XX/XX/XXXX, I was notified by FRIEDMAN that my latest offer and higher offer was still being rejected. During that call, I asked FRIEDMAN when the court date was, and he informed me it wasn't until XXXX. I specifically told him, " okay, that gives me 2 more months to try and resolve this before we initiate litigation, and hopefully by then I can accumulate more funds to do so ''. He agreed with this. 

At this point, I have no issues with the creditor rejecting any offer for less-than-owed balance. It's their right, and I respect that. I think it's very poor business decision on their part, particularly for a prior customer with whom they have had several other successful loans with, but who am I to guess. 

The problem I have is, someone is not telling me the truth. Either the internal collections representative of ESFCU, XXXX, didn't tell me the truth, or FRIEDMAN himself is withholding the truth as to whether or not he owns the debt or not. 

Furthermore, on XX/XX/XXXX at XXXX, and after my last call with FRIEDMAN, I received an email from FRIEDMAN that essentially threatened erased our understanding that I had until XXXX to resolve this. Here is a copy/paste of his email : " XXXX XXXX : Just to put in writing the offer that was recently made. My client will accept {$20000.00} lump sum as payment in full so long as the payment is received in my office by XX/XX/XXXX. If the monies are not received by that time, the offer to settle is hereby withdrawn. '' This is contrary to what we had just discussed moments prior via telephone, in which i explained to FRIEDMAN I will hopefully accumulate additional funds to resolve this. Now he was only giving me 2 more weeks to do so, when we had just agreed I would have 2 more months. And what if I can't meet his demand by XX/XX/XXXX, is their demand going to increase? 

During the course of the 11 other negotiations I had with the other creditors, each of them was very clear about mutual expectations, some of them even agreeing to erase all derogatory remarks from my credit report, provided that I held up my end of the bargain within the specified and agreed upon time frame. I feel like I am being strong-armed into a settlement that not only I can not afford, but need more time to achieve. 

From a layman 's perspective, I would expect these types of tactics from collection agencies, not from an attorney, an XXXXfficer of the court. I expect higher levels of standards, more clear communication, and overall better professionalism than this bait-and-switch tactic. At no point during any of our discussions did FRIEDMAN ever mention a XX/XX/XXXX cutoff. Had I known about this, I would have taken a different approach with some of my other creditors so as to leave me enough money to resolve this as well. 

Again, I am ready, willing and able to resolve this matter today, with the {$18000.00} in funds I have earmarked for this resolution. But I feel that I won't be able to accumulate the additional {$2000.00} until late XXXX, and what is going to happen then? Am I going to be told, " Sorry, you're too late. The demand is now {$22000.00} ''?. Is this ever going to end? Can someone tell me who actually owns this debt so that I can negotiate with the correct party, and hopefully once resolved, I can expect a resolution letter from that entity? 

The CFPB 's guidance and input is greatly appreciated and needed. 

Regards, XXXX XXXX