Moskowitz Mandell Salim & Simowitz, PA – CFPB Complaint

Date Received: 2018-09-08T00:00:00

Product: Other debt

Issue: False statements or representation

Consumer Consent Provided to Share Complaint: Consent provided

Consumer Complaint: We are a XXXX elderly couple living in the XXXX of XXXX during summer and in XXXX XXXX XXXX where we own a house during winter. For the last 9 years, we always took care of paying our homeowner ‘s association bill fully in advance by sending a post-dated check covering the monthly charges of {$78.00} for the whole year ( {$930.00} ).

Like every year, in XXXX, we sent a post-dated check of {$930.00} dated for XX/XX/XXXX to XXXX XXXX XXXX XXXX XXXX in XXXX who are then responsible to forward the payment to the homeowner association. From there we considered that our balance from XX/XX/XXXX to XX/XX/XXXX was fully paid.

On XX/XX/XXXX, at our XXXX address, we received a letter from a debt collector saying we owed : {$430.00} for Unpaid Assessments and related charges [ ” Ledger Balance ” ] {$78.00} for Assessment – XX/XX/XXXX {$25.00} for Late fee – XX/XX/XXXX {$78.00} Assessment – XX/XX/XXXX {$590.00} Attorney ‘s Fees {$60.00} Postage, Copies, Miscellaneous Costs Total Due : {$1200.00} We were shocked to receive such notice since we never received any other statement or notification that our payment was never received before this letter.

We are asked to pay {$1200.00} for what should cost us {$150.00} ( {$78.00} for XXXX and {$78.00} for XXXX ) and on top of that, we considered that everything was already paid and never received any notification it wasn’t prior to XX/XX/XXXX.

On XX/XX/XXXX, I contacted XXXX XXXX XXXX XXXX XXXX to clarify the situation. They then sent me the following written confirmation : On XX/XX/XXXX XXXX XXXX received a postdated ( XX/XX/XXXX ) CK XXXX from XXXX. The Check was mailed to XXXX XXXX XXXX XXXX on XX/XX/XXXX. XXXX XXXX does not process Post Dated checks.

Thank you and have a great day.

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XXXX Customer Service XXXX XXXX XXXX XXXX XXXX XXXX FL Service Center E-mail : XXXX Phone : XXXX Toll Free : XXXX Fax : XXXX Visit : XXXX I then sent this confirmation to the debt collector on XX/XX/XXXX that we sent a check and that it was received by XXXX XXXX XXXX XXXX XXXX that forwarded it to the property management company who obviously lost the check.

Since I didn’t get a reply from the debt collector, I sent a new e-mail on XX/XX/XXXX asking for a follow-up. On XX/XX/XXXX, I called the debt collector and left a message to be called back as soon as possible to resolve this issue. I was never called back. On XX/XX/XXXX, I sent a third e-mail asking for a follow-up. Later that day, I received this reply from the debt collector.

If I am understanding the below, your parents sent a {$900.00} check on XX/XX/XXXX, that was post-dated for XX/XX/XXXX? Then, the check was allegedly forwarded to XXXX XXXX Managers ( however, XXXX has no record of receipt of this check ). I have reattached my XX/XX/XXXX correspondence and my firms wiring instructions. As I advised below, please have your parents bank issue a stop-pay on the missing check, and either send me a {$1200.00} cashiers check or wire ( {$1100.00} if paying prior to XX/XX/XXXX ). If you have any questions, or require anything further, please let me know. Sincerely, I feel like we are being treated like criminals while we never had a single unpaid bill since we bought our house in XXXX XXXX XXXX 9 years ago. The requested amount is excessive to say the least. We are being asked to pay {$1100.00} more than what we actually owe.

Company: Moskowitz Mandell Salim & Simowitz, PA


Company Response to Complaint: Closed with explanation

Was Company Response Timely: Yes

Did Consumer Dispute Company Response: N/A

Complaint ID: 3013643

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