CFPB Complaint

Works & Lentz, Inc – CFPB Complaint

Consumer Complaint Submission

Date Received: 2019-01-25T00:00:00.000

Product: Medical debt

Issue: Took or threatened to take negative or legal action

Consumer Consent Provided to Share Complaint: Consent provided

Consumer Complaint: this is going to be a 2 part dispute and complaint, let start with the first one.
Works and Lentz sent out a notice that I owe a debt in the amount of {$190.00} but the notice was sent out after they added the account to my credit report, in violation of the FDCPA 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing — ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer ‘s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.
( b ) Disputed debts If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. Collection activities and communications that do not otherwise violate this subchapter may continue during the 30-day period referred to in subsection ( a ) unless the consumer has notified the debt collector in writing that the debt, or any portion of the debt, is disputed or that the consumer requests the name and address of the original creditor. Any collection activities and communication during the 30-day period may not overshadow or be inconsistent with the disclosure of the consumers right to dispute the debt or request the name and address of the original creditor.
A dispute letter was sent to Works and Lenzt, they had thirty days to respond and aloud an additional 15 days, to validate as required by FDCPA. they responded in the 30 days that they could not validate the account, that they were waiting on there client, this is were the law allows them the additional 15 days. more then 30 days after that Works and Lenzts then send papers stating they have validate the account but the letter is not sent by the collection but by attorney in violation of FDCPA 812. Furnishing certain deceptive forms ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating.

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( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter.

Now works and Lenzts has added another collection account to XXXX for the amount of {$390.00} but has not sent collection letter before adding to credit report in Violation OF FDCPA 809. Validation of debts I would say Works and Lenzt can file a small claims case, oh wait that would violate Oklahoma law stated below.
XXXX Oklahoma Statutes Title 12. Civil Procedure 12-1751. Suits authorized under small claims procedure.
Universal Citation : 12 OK Stat 12-1751 ( 2016 ) A. The following suits may be brought under the small claims procedure : 1. Actions for the recovery of money based on contract or tort, including subrogation claims, but excluding libel or slander, in which the amount sought to be recovered, exclusive of attorney fees and other court costs, does not exceed XXXX XXXX XXXX XXXX Dollars ( {$7500.00} ) ; 2. Actions to replevy personal property the value of which does not exceed XXXX XXXX XXXX XXXX Dollars ( {$7500.00} ). If the claims for possession of personal property and to recover money are pled in the alternative, the joinder of claims is permissible if neither the value of the property nor the total amount of money sought to be recovered, exclusive of attorney fees and other costs, exceeds XXXX XXXX XXXX XXXX XXXX ( {$7500.00} ) ; and 3. Actions in the nature of interpleader, as provided for in Section 2022 of this title, in which the value of the money which is the subject of such action does not exceed XXXX XXXX XXXX XXXX Dollars ( {$7500.00} ).
B. No action may be brought under the small claims procedure by any collection agency, collection agent, or assignee of a claim, except that an action may be brought against an insurer or third-party administrator by a health care provider as that term is defined in Section 6552 of Title 36 of the Oklahoma Statutes, who is an assignee of benefits available under an accident and health insurance policy, trust, plan, or contract.

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Company: Works & Lentz, Inc

State/Zip: OK 731XX

Company Response to Complaint: Closed with explanation

Was Company Response Timely: Yes

Did Consumer Dispute Company Response: N/A

Complaint ID: 3133519

The above data is from the Consumer Financial Protection Bureau. Keep in mind that every company will get a complaint from time-to-time, even the great ones. But there are a few key data points that will give you an idea about how well the company values their customers and handles consumer issues.

Look at the item Company Response to Complaint: and Did Consumer Dispute Company Response: to get a better idea of how this was resolved. And the field Consumer Complaint: can give you some context of the issue.

In particular what you are looking for was that the company response was timely and that the consumer did not dispute it. The posting of complaints has proven to be a valuable resource for both companies and consumers.




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