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Fenton & McGarvey Law Firm P.S.C

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Reviews Fenton & McGarvey Law Firm P.S.C

Fenton & McGarvey Law Firm P.S.C Reviews (6)

Dear Sir or Madam: Our firm received and reviewed two consumer complaints from the Consumer Protection Division of the Attorney General’s office dated February 24, and March 25, in regard to the above consumer and provided a response to both complaints For your convenience, we are attaching a copy hereto Mr***, has now filed a complaint with your officeOur response to the complaint filed with your office is the same as our two previous responsesTo summarize, Mr [redacted] entered into an Agreed Judgment in the Floyd Circuit Court, Division 1, in the [redacted] styled [redacted] Management, Incv [redacted] ***, [redacted] number [redacted] The Judgment was entered by the court on November 18, The Judgment was for $7104.92, plus interest at a rate of 8% per annum from May 30, 2003, until date of Judgment then 12% per annum thereafter until paid, attorney fees of $and costsPursuant to the terms of the Agreed Judgment, Mr***was to make payments of $per month until paid Mr [redacted] is maintaining that the judgment should be paid off at this time Our previous responses addressed those issue and provided Mr [redacted] with a breakdown of all payments made on the account and how they were applied to the principal and interest outlined in the Judgment Our office acknowledged payments on the Judgment of $10,409.32, and pointed out that because of the accruing interest there still remained due and owing an unpaid principal, interest, attorney fees and court costs in the amount of $In addition, Mr [redacted] complains that our office will not give him the card number or social security number associated with the account In our previous letter, we advised that this account originated from a defaulted account with [redacted] Bank N.A Our records do not show that the consumer previously requested the account number The account number is [redacted] Our records do, however, show that Mr***’s spouse called several times and asked for the social security number on the account For privacy purposes, we cannot give that information, but can provide the last four digits of the social security number for verification purposes which are Mr [redacted] was previously told that if that social security number does not correspond with his social security number, that he could call us to provide his full social security number and we can verify if it corresponds with our account information In an effort to resolve this matter, my client offered to settle this matter for the sum of $4067.97, in three equal payments of $which represents 50% of the balance due The first payment must be in our office no later than May 1, 2016, with the remaining two payments due on June 1, and July 1, Mr ***, elected not to contact our office to provide either a different social security number or accept the terms of the aforesaid offer This offer is now null and voidOur firm values and takes seriously the mission of the Revdex.com to protect consumers and to ensure compliance with consumer protection lawOur firm is happy to answer any questions or provide any further information regarding this matter that the Revdex.com or Mr [redacted] may requireSincerely, [redacted] Attorney, Fenton & McGarvey Law Firm, PSC Stanley Gault Parkway Direct Telephone: ###-###-#### Office Telephone: ###-###-#### Fax: ###-###-#### Email: [redacted]

I apologize for the late response, but I wish for the complaint to be viewed as satisfiedWill the company still honor the their good faith act of closing the acct? [redacted]

Revdex.com: I received my letter in the mail on March 2016, the same day I filed the complaint Regards, [redacted]

Dear Sirs:Please accept this as a reply to the complaint referenced above.Upon receipt of the complaint, we had the call pulled and reviewed by the supervisor of employee of the FirmThe exchange between Mr [redacted] and our employee was not within the protocols set out by Fenton & McGarveyWe ask that Mr [redacted] accept our apology for the manner in which this call was conducted.The call was reviewed with the employee who received and signed a reprimand regarding his handling of the callThe employee’s supervisor advised our employee on the way the call should have been conductedThis written reprimand will be placed in the employee’s permanent record.We have escalated Mr [redacted] ’s request for settlement of the account with our client and have explained his circumstancesAt the date of the writing of this response, we have not heard back from our client.Please advise Mr [redacted] that his contact within the firm will be [redacted] Mr [redacted] ’s direct dial number is ###-###-#### ext, *** [redacted] has been advised of the situation and will contact Mr [redacted] upon our client contacting us.Sincerely, [redacted] Attorney at Law

A review of our file shows that this is an overdraft on the Debtor's checking account with [redacted] National BankEnclosed herewith, as Exhibit A, please find statements from that accountThis delinquent was assigned to [redacted] LC, who is now the holder of that account( [redacted] see if you can get an expedited assignment) Attached herewith, as exhibit B, is a copy of the notice of assignmentA complaint was initiated in the [redacted] Municipal Court on December 26, 2014, styled [redacted] LC v [redacted] and assigned case number CVF-15-Mr [redacted] was served with the summons and complaint on July 27, He subsequently called our office and was advised that the debt was the result of a defaulted account with [redacted] National BankHe elected to make a payment arrangement to pay off the debtHe made a post dated payment for $On August 5, a letter was sent out advising the consumer that the check would be deposited(***, please pull a copy of this letter Lepsx)As of the writing of this letter an Agreed Judgment has been faxed and mailed to the Defendant which outlines the terms of this agreementOnce it is returned, signed by Mr [redacted] , it will be filed with the court

As a preliminary note, the settlement letter was emailed to Ms [redacted] on December 7, On November 30, 2015, I received a call from a person who stated they were [redacted] I asked a couple of questions to verify the identity of the party on the line, such as last four of the social security number, address, name etcThe called provided responses that matched the information on the file and we proceeded to discuss the accountSubsequently, the caller stated she was not actually [redacted] but was her mother and I terminated the callShortly thereafter, the consumer called and provided permission to discuss the account with her mother, Lynda [redacted] the complainant hereUltimately a settlement was reached and payment was made on December 1, via our check by phone systemElectronic checks, much like paper checks, can still bounce once they finalize through the systemTherefore, we generally need to allow time for the payments to clear before sending any settled letters and the likeWhile Ms [redacted] states she was unable to contact a representative, she spoke with our representatives three times on December 3rd and 4th On December 3, 2015, Ms [redacted] called back in and wanted the settlement letter and was told we would need copies of the cleared checkOn December 4, 2015, the check images were scanned into our system (it is unclear from the notes if they were emailed to our representative on December 3rd or on the 4th, however, he did not review the email until December 4th) and the account was coded for the settlement letterMs [redacted] called again on December 4th and was told we received the copies and would be sending the letter to herShe called a second time on the 4th to check on the status of the settlement letter and was told it was in the processThe letter was prepared on December 7th and emailed to her that dayIt is important to note that December 4th was a Friday and the letter was prepared and sent to her the following MondayI understand Ms [redacted] wanted this sooner, however, the letter was prepared as fast as it could have beenWhile Ms [redacted] was not satisfied with the amount of time it took to get a copy of the settlement letter to her, albeit just one business day, this was being expedited only as a courtesy to herPlease feel free to contact me if you have any further questions [redacted] ###-###-####

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