Debt collection -- False statements or representation -- Complaint #5348368

Complaint Overview

Complaint ID: 5348368

Company: Machol & Johannes, LLC

Product: Debt collection

Sub-Product: Credit card debt

Issue: False statements or representation

Sub-Issue: Attempted to collect wrong amount

State: Colorado

ZIP Code: 80234

Date Received: 2022-03-21T12:00:00-05:00

Date Sent to Company: 2022-03-21T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

This complaint is for both companies, Machol & Johannes and XXXX XXXX XXXX I initially had an account with Machol & Johannes regarding a collection with XXXX XXXX in the amount of {$1400.00}, however a settlement agreement in the amount of {$1000.00} was established in the courts as of XX/XX/XXXX of {$25.00} monthly payments. From XX/XX/XXXX till XX/XX/XXXX a total of {$450.00} has been paid towards the {$1000.00} which leaves a balance of {$550.00}. XX/XX/XXXX, I received a letter from Machol & Johannes informing me that my debt had been moved from them over to XXXX XXXX XXXX starting in XX/XX/XXXX. XX/XX/XXXX I then received a letter from XXXX XXXX XXXX with a proposed stipulation with an amount of {$1100.00}. I contacted XXXX XXXX XXXX to dispute this amount and explained to them the above information. I then received a document from XXXX XXXX XXXX with a stipulation for judgement stating : " Defendant hereby confesses judgement in favor of the Plaintiff in the amount of {$1500.00} ( " Judgement Amount '' ), which is comprised of principal in the amount of {$1400.00} and court costs of {$170.00} with post-judgement interest to accrue at the statutory rate of 8.00 % per annum '' Then it states an agreement of payments of {$25.00} monthly to start XX/XX/XXXX, 28 payments in the amount of {$2500.00} first payment XX/XX/XXXX, and one payment {$21.00} under this arrangement due XX/XX/XXXX, if I was to agree on the settlement of {$740.00} which was more than the balance from Machol & Johannes. Once again, I did call and disputed this amount. During this time, I have contacted Machol & Johannes twice, both times to request the final paperwork with my balance of {$550.00}, Attorney Machol also voiced to me over the phone as well stating that was my balance was {$550.00}. Attorney Machol informed me that he had sent that paperwork over to XXXX XXXX XXXX. Only document that Attorney Machol emailed to me was the initial settlement that was agreed on in XX/XX/XXXX of {$1000.00}. I then received a letter on XX/XX/XXXX from XXXX XXXX XXXX again requesting for a payment schedule to be set up for the amount of {$1100.00}, also attached with two other documents, one showing XXXX XXXX XXXX, XXXX ( this was were the debt occurred ) Vs XXXX XXXX ( myself ), debtor balance and the other was Colorado Courts E-Filing from XX/XX/XXXX the original e-filing. I then contacted XXXX XXXX XXXX on XX/XX/XXXX and requested to be sent the documents that were received by Machol & Johannes, I was informed that it would be emailed to me on that day, I also informed them that I would be emailing them the documents of the initial settlement with Machol & Johannes through XXXX XXXX Courts, and the letter that was sent to me from Machol & Johannes showing what I had paid and what the balance was, this was emailed to them on XX/XX/XXXX. I then received a letter on XX/XX/XXXX from XXXX XXXX XXXX confirming my issues regarding the balance dispute and requesting additional information. I reached out on XX/XX/XXXX and spoke to an individual at XXXX XXXX XXXX in the morning inquiring about the letter that was received and informed him that I had already emailed over the documents on XX/XX/XXXX. I was informed that the document that was sent from XXXX XXXX XXXX was due to a default in the agreement, however there was no default since I was making the monthly payments and again explained that the amount is higher than the ending balance and that I had already sent over all the documents. It then proceeded to explain that the document that I sent over was my ending balance in XX/XX/XXXX of {$570.00}, however I did make a payment of {$25.00} in XXXX which brought it too {$550.00}, which Machol & Johannes confirmed however would not send the document to me. The gentleman then stated that they could honor the {$570.00}, I requested for the corrected amount to be honored and for them to request the corrected documents from Machol & Johannes, and I also second request to receive a copy of the documents that sent by Machol & Johannes, he noted that the documents that I received were from Machol & Johannes which there were not. He then proceeded to tell me that " it is only {$25.00} difference what is the big deal '', I then requested for the attorney to contact me directly and ended the call. I then called XXXX XXXX XXXX back in the afternoon and spoke to another individual and reviewed over the information and informed there that I will just eat the {$25.00} that was paid in XX/XX/XXXX and resume payments from the {$570.00}, of {$25.00}. She then had me on hold for 30 mins, and then informed me that they would need for me to provide 'proof ' that I had paid the {$420.00}. I informed her that I had sent over the document from Machol & Johannes which also had listed XXXX XXXX XXXX listing that the settlement amount was in the amount of {$1000.00}, amount paid towards settlement {$420.00}, balance remaining on settlement {$570.00} as of XX/XX/XXXX. She insisted that I still needed to provided other proof that I had paid that amount. I informed her that the only other proof would be my banking statements, and that I would not be providing that personal information to her. At this time the line disconnected. I am making formal complaints on both of the companies that I have listed in this complaint. I am not contesting paying, I was simply requesting the documents that were sent to XXXX XXXX XXXX from Machol & Johannes, and the ending balance document from Machol & Johannes, and to be charged correctly, none of this has been followed through.

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