| 03/25/2023 |
Yes |
- Debt collection
- Other debt
|
- Communication tactics
- You told them to stop contacting you, but they keep trying
|
|
Web |
|
|
The collection agency Schwartz Vays sent a collection letter with no date on it. The envelope had no postmark date. In accordance with The Fair Debt Collection Practices Act ( FDCPA ), the letter stated : " If you contact us through your online account or write to us by XX/XX/XXXX, we must stop collection on any amount you dispute until we send you information that shows you owe the debt.
On XX/XX/XXXX, we replied before the deadline to Schwartz Vays, delivery via US First Class mail and certified mail, disputing the debt and asking for documentation. The collection agency signed for the certified letter on XX/XX/XXXX.
On XX/XX/XXXX, XXXX, an agent at Schwartz Vays, called my husband on his work phone during work hours. The agent denied any knowledge of a letter. Then, XXXX XXXX, a supervisor, also denied knowledge of a letter despite two copies being sent. After being informed of a certified receipt, XXXX XXXX said he would look for the letters.
On XX/XX/XXXX, XXXX XXXX said he needed more time to investigate and that collection activity was on hold while the issue was under dispute.
Then, on XX/XX/XXXX, we received a " Notice of Late Assessment '' dated XX/XX/XXXX from Schwartz Vays which appeared to be sent before the deadline of XX/XX/XXXX as noted on the collection letter. XXXX XXXX had lied about putting collection action on hold. XXXX XXXX said I needed to provide an email address to them and that I would be getting letters from them in the mail, and then he hung up. He would not provide any information on the status of the dispute.
Next, on XX/XX/XXXX, we received two notices titled " Notice of Intent to Record a Claim of Lien '' dated XX/XX/XXXX, and a notice titled " Notice of Late Assessment '' dated XX/XX/XXXX. Both notices were issued on the same date.
According to the " Notice of Late Assessment, '' it states " this letter shall serve as the association 's notice of its intent to proceed with further collection action against your property no sooner than 30 days of the date of this letter, unless you pay in full the amounts set forth below : '' Since the date on the Notice of Late Assessment is XX/XX/XXXX, there should not have been any further collection action until after XX/XX/XXXX.
Yet, Schwartz Vays sent the two additional Notices of Intent to Record a Claim of Lien without complying with the period specified on the Notice of Late Assessment. These actions violate the Fair Debt Collection Practices Act ( FDCPA ) and Florida Statutes. Chapter 720.3085 of the Florida Statutes states : NOTICE OF LATE ASSESSMENT RE : Parcel of ( name of association ) The following amounts are currently due on your account to ( name of association ), and must be paid within 30 days after the date of this letter. This letter shall serve as the associations notice to proceed with further collection action against your property no sooner than 30 days after the date of this letter, unless you pay in full the amounts set forth below : Schwartz Vays has acted unprofessionally, dishonestly, recklessly and in wanton disregard of the Fair Debt Collection Practices Act as well as Florida Statutes. Schwartz Vays has brazenly violated federal and state laws, not once, but five times thus far by failing to put collection action on hold while the debt was being disputed, made a harassing collection call after receipt of a certified letter of dispute, failed to provide the requested information, gave false statements about their collection activity, proceeded with escalating collection activity before lawfully permitted, and has refused to answer any questions.
Because of their violation of federal and state laws and the bewildering onslaught of notices, I have no idea what stage of collection activity my account should be in. I have been denied the right to dispute the debt and to obtain verification. Schwartz Vays has denied due process and has inappropriately damaged my credit. Unless they are stopped, I believe that Schwartz Vays will process a Lien against my property before lawfully permitted and without having provided any validation of the debt. Schwartz Vays should be formally reprimanded and fined for their egregious collection practices.
|
| 10/25/2022 |
Yes |
- Debt collection
- I do not know
|
- Attempts to collect debt not owed
- Debt was paid
|
|
Web |
|
|
I received a letter today from Schwartz Vays a debt collector at XXXX XXXX XXXX XXXX Florida XXXX Stating that the XXXX house XXXX XXXX XXXX, unit XXXX at the XXXX XXXX XXXX XXXX XXXX XXXX in XXXX XXXX XXXX XXXX XXXX owe a total depth of {$1.00}, XXXX for condo fees of XXXX, XXXX and XX/XX/2022. My condo fees for the XXXX house XXXX XXXX XXXX is paid in full. XXXX fees are {$470.00} a month. Parking is {$60.00} a month. We mailed XXXX checks XXXX and XXXX XXXX fees To XXXX XXXX XXXX XXXX at XXXX XXXX XXXX in XXXX XXXX on XX/XX/XXXX overnight mail at the post office. I sent her several emails to find out if she received it the next day but she wouldn't reply back. Finally I got one email from her saying that I don't work there no more a new management company took over. I immediately asked her well did you get the checks. So I can move forward and pay the new management XXXX condo fees. I said oh my XXXX I never received anything about a new management company who are they. She never replied back to my question I immediately went down to the office and I introduced myself to the new office XXXX. His name is XXXX from XXXX XXXX XXXX in XXXX XXXX XXXX. I also called XXXX XXXX XXXX at telephone number XXXX extension XXXX. I left several voice messages and he never returned the call. Later on maybe about a week and a half later I received the mail stating that we now have new management after I complain it about it to XXXX XXXX at XXXX XXXX XXXX. XXXX XXXX finally sent one. This prior Friday on the XXXX of XXXX the money was still sitting in the bank for XXXX and XXXX condo fees. The checks never was cash so I reached out to XXXX XXXX again and she told me she forward the email to XXXX XXXX XXXX. I called XXXX he gave me the back and forth run around and told me to call to the property management office memes. I spoke to XXXX in the building office and he said he never received the checks for all this in XXXX. I reached out to try to call the president for the 4th or fifth time and once I kind of got a little upset on the phone he had his secretary call me back. She said she never received the checks and I should stop payment on the checks but they never told me they put the healing house in collections. And I received this collection notice the day that was filed on XXXX the XXXX and wasn't told that it was filed at the trying to reach them. So I took her advice I called my bank I stopped payment on the checks. And thank XXXX they didn't charge me for the stock payments on the two checks. I also paid XXXX XXXX and XXXX XXXX payments in full on Friday XX/XX/XXXX after I stopped payment on the checks online at the XXXX XXXX XXXX XXXX. I paid a total of {$1.00}, XXXX and that was including parking as well for each month. Condo fees are {$470.00} and {$60.00} a month for I requested the XXXX XXXX XXXX when I introduced it myself to XXXX the office XXXX and he told me to call XXXX and billing the day that I introduce myself. They had enough time to get those stubs out to me and when I spoke to them on Friday they said they was going to email it because they already mailed it and I never received it so someone is lying. I will be reaching out today to the department of Community affairs as well as my attorney I want this resolved ASAP because the amount they are saying we owe is not true we are paid in full. This has caused me some stress and XXXX and I will be reaching out to my attorney in this morning for legal advice as well as my doctor.
XXXX
|
| 08/19/2023 |
Yes |
- Debt collection
- Other debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
Older American, Servicemember |
|
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.
|
| 01/02/2023 |
No |
- Debt collection
- Other debt
|
- Took or threatened to take negative or legal action
- Threatened or suggested your credit would be damaged
|
|
Web |
|
|
On Saturday, XX/XX/2022 I received a certified letter from XXXX Schwartz Vays XXXX XXXX demanding payment of XXXX Fees. The letter demanded full payment of the XXXX fees for XXXX or the Attorney would file liens and report such liens to the credit bureau to damage the credit. The tone of the letter was hostile, threatening and nasty. The letter specifically stated all fees had to be paid within 45 days basically 'or else '. The XXXX, XXXX XXXX XXXX, had not been communicative with me about the amount owed. The website also does not specify the amount owed. The online portal to make payments to them have not been set up for me. XXXX XXXX has previously rebuffed any attempt to speak with me regarding the fees. XXXX XXXX website states that invoices would be mailed and I have received no such invoice. I logged into Attorney Schwartz Vays website and input the number assigned to my residence which was in the letter and I see an entirely different amount than what is on the letter.
I demand a full and itemized breakdown of all fees because I am not sure how the Attorney derived at the {$1100.00} balance on the website when the letter shows a balance of {$800.00}.
I also demand the Attorney show documents proving to me his law firm is legally entitled to collect on this debt.
I dispute the validity of the debt as it is shown to me because I am not aware of how the Attorney derived at the amounts.
I also demand the Attorney provide documentation showing how much the yearly XXXX fee is. Since XXXX XXXX won't provide this information either when requested or on their website. They are not allowed to pull numbers out of thin air.
The Attorney 's letter demands full payment or else he will immediately file liens and seek to destroy my credit ( as his letter stated he would take the extra step of notifying the credit bureaus ). The Attorney 's letter makes no mention of XXXX having the ability to make payments. It only sticks with threats and hostile language. However, the website shows the ability to set up payments. So I am confused. If there is an ability to set up payments, why was this not mentioned in the letter. XXXX Schwartz Vays went to great extent to bold language, and use language that I considered to be surprisingly hostile and threatening in all the ways he could HURT me.. without regard for my ability to pay or saying we will work with you. So is there an ability to make payments?
I demand that all collection activities cease until the Attorney provides an itemized statement of the debt, proof that his firm is legally entitled to collect on the debt, and an explanation of why of why the online debt balance shown greatly differs than what is in his letter. I also request that the Attorney explain to me why his office is not required to be licensed in the state of Tennessee per his XXXX, and an explanation of why the website shows the option to make payments but his letter does not.
|
| 09/23/2023 |
Yes |
- Debt collection
- I do not know
|
- Took or threatened to take negative or legal action
- Threatened or suggested your credit would be damaged
|
|
Web |
|
|
It was very difficult to pay my old HOA or even contact them. The HOA changed last year and took over my current amount owed. They immediately tried to collect in a very busy time and before I even knew of the threat of collection they sold my debt to a 3rd party which immediately tacked on XXXX dollars of additional charges for their benefit and threatened a lien against my house. I requested scans or copies of all paperwork with my signature showing I was responsible to their company for these charges on XXXX to which they never responded but are still sending threats of liens and bad credit reporting so that I can't dispute it on my credit report but they can continue to push the process forward in their favor. It is now XXXX and when I called I was left on the phone for 20 minutes and they received a message saying no one is there to take my call, again pushing back my ability to deal with this.
|
| 12/01/2021 |
Yes |
- Debt collection
- Other debt
|
- False statements or representation
- Attempted to collect wrong amount
|
|
Web |
Servicemember |
|
This company is trying to charge me excessive amount of late fees and additional administrative costs to pay off this debt and continues to charge monthly additional fees on top of the debt... I do not have any agreement in writing or they do not have an agreement that verify the validity of the debt in the first place. They can not prove that I agreed to anything. They do not have this paperwork that they can furnish i have asked for it. Please help me to stop this collection agency from these false claims and erroneous charges. I will be charged XXXX a month until it is paid according to them and the XXXX association who i tried to call today to clear this up and they said there is nothing they can so to help me out.. They also continue to increase the XXXX fees every year.
|
| 04/30/2022 |
Yes |
- Debt collection
- Other debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Older American |
|
I received the attached communication by US Mail on XX/XX/2022. The collection agency is attempting to collect debt that is not owed by me or anyone known by me. In the attached correspondence, the collection agency threatens to report me to the credit agencies, damaging my credit. I attempted to call the company at the number provided, but a recorded message stated no one was available to take the call. As I am not involved in the debt or the property the debt refers to, I do not wish to give the collection agency any of my personal information, and I want them to desist from contacting or harassing me.
|
| 11/15/2023 |
Yes |
- Debt collection
- Other debt
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
|
|
|
| 08/09/2022 |
Yes |
- Debt collection
- Other debt
|
- Took or threatened to take negative or legal action
- Seized or attempted to seize your property
|
|
Web |
|
|
|
| 03/06/2022 |
Yes |
- Debt collection
- Other debt
|
- Communication tactics
- Frequent or repeated calls
|
|
Web |
|
|
|
| 08/28/2021 |
Yes |
- Debt collection
- Other debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
|
| 04/01/2021 |
Yes |
- Debt collection
- Mortgage debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Phone |
|
|
|