Fenton & McGarvey Law Firm P.S.C.

"After review of the account, the consumer is correct that this is an old account. The judgment is expired. We are canceling the payment arrangement andclosing the account."

A review of our file shows that this is an overdraft on the Debtor's checking account with [redacted] National Bank. Enclosed herewith, as Exhibit A,  please find statements from that account. This 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 assignment. A complaint was initiated in the [redacted] Municipal Court on December 26, 2014, styled [redacted] LC v. [redacted] and assigned case number CVF-15-00032. Mr. [redacted] was served with the summons and complaint on July 27, 2015. He subsequently called our office and was advised that the debt was the result of a defaulted account with [redacted] National Bank. He elected to make a payment arrangement to pay off the debt. He made a post dated payment for $300.00. On August 5, 2015 a letter was sent out advising the consumer that the check would be deposited. ([redacted], 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 agreement. Once it is returned, signed by Mr. [redacted], it will be filed with the court.

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, 2016 and March 25, 2016 in regard to the above consumer and provided a response to both complaints.  For your convenience, we...

are attaching a copy hereto.  Mr. [redacted], has now filed a complaint with your office. Our response to the complaint filed with your office is the same as our two previous responses. To summarize, Mr. [redacted] entered into an Agreed Judgment in the Floyd Circuit Court, Division 1, in the [redacted] styled [redacted] Management, Inc. v. [redacted], [redacted] number [redacted]  The Judgment was entered by the court on November 18, 2008.  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 $1420.98 and costs. Pursuant to the terms of the Agreed Judgment, Mr. [redacted]was to make payments of $100 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 $8135.91. 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 4[redacted]  Our records do, however, show that Mr. [redacted]’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 1692. 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 $1355.99 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, 2016 and July 1, 2016.   Mr.  [redacted], 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 void. Our firm values and takes seriously the mission of the Revdex.com to protect consumers and to ensure compliance with consumer protection law. Our firm is happy to answer any questions or provide any further information regarding this matter that the Revdex.com or Mr. [redacted] may require. Sincerely, [redacted] Attorney, Fenton & McGarvey Law Firm, PSC 2401 Stanley Gault Parkway Direct Telephone: ###-###-#### Office Telephone: ###-###-#### Fax: ###-###-#### Email: [redacted]

In Review of MS. [redacted] account, the notes and ledgerreflect that the account has been settled in full and we are waiting the release of judgment. We apologize any inconvience this may have caused the consumer. Please do not hesitate to contact Fenton and McGarvey with addional question...

or concerns.

This letter is to inform you that our office is in receipt of the complaint made by [redacted] on or about February 26, 2016.   Ms. [redacted]’s complaint is that she should have a remaining balance on the account of $20; however our firms balance on file at the time showed a...

balance of $100.  Please be advised that the payments were posted to the incorrect file, therefore showing an incorrect balance on the account. The payments were reversed on the incorrect files account, and have been applied to Ms. [redacted]’s son’s account. The remaining balance on the account shows $40.  Ms. [redacted] states that she received a letter stating that the balance owed on the account was $359. When we received the account in our office on 5/4/15; the placed balance was $399. We received a payment of $40 on 5/20/15, and the payment plan letter went out on 5/26/16 showing the remaining balance of $359. We have received payments from Ms. [redacted] totaling $359, with a remaining balance of $40. Due to the timing that the payment plan letter was sent to the consumer, we will forgive the remaining balance of $40, and consider this account Paid in Full. Since the payments have been applied to the correct account, I trust that this matter can now be closed.                                                     ...⇄ We sincerely hope that the foregoing answers all of the consumers concerns in this regard.  Please understand that we take all consumer complaints very seriously.  Fenton & McGarvey Law Firm PSC has robust policies and procedures in place to help promote and create a positive customer experience.  If you should have any further questions, please feel free to contact our office. Thank you.  [redacted] Compliance Task Manager Fenton & McGarvey Law Firm, P.S.C.

Response of Fenton & McGarvey Law Firm, P.S.C.
 
A [redacted] account for the consumer was placed with the law firm of Farrell & Seldin in January of 2011. Farrell and Seldin initiated action, sent multiple communications, and was awarded a judgment in October of 2011. Fenton &...

McGarvey is now handling the account on behalf of [redacted].
The consumer's identity and location information were verified by a search using the social security number used to open the account and the address provided by the consumer on this complaint matches the address provided to the law firm and the address where multiple communications from Farrell & Seldin were directed. The consumer is welcome to contact my firm at ###-###-#### to discuss account specifics if she has any further questions.
 
[redacted], Esq.
Attorney

Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint.  For your reference, details of the offer I reviewed appear below.I am not satisfied with the response, because I did call in the beginning of November and had also called previously and asked for the company to send me confirmation of my balance as well as a breakdown of what had been paid and owed. I was not sent the information. I also called in November and asked for my payment date to be changed from the first of the month to the fifteenth of the month. It was taken out on the 15th of the month and then was going to be taken out at the end of the month because the representative who set the payment up had only set it up for a one time payment delay and not for a reoccurrence for the payment to be scheduled on the 15th of the month. I had previously called before these encounters about a payoff amount for both accounts and the company would not settle on the accounts. The company never does what they say they are going to do in regards to the customer. It is always a hassle to talk to a representative and then when you get someone on the phone they direct you to another department or disconnecting the call. Then to find out when you finally do get someone on the phone they do not even fulfill the wishes of the consumer and I have to call again. This is a shady company that is taking advantage of the consumers who have already had a hard time paying their bills and apply interest payments to accounts as an attempt to get more money. This is unacceptable. Regards,[redacted]

Hello,Please see attached.

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 Firm. The exchange between Mr. [redacted] and our employee was not within the protocols set out by Fenton & McGarvey. We...

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 call. The employee’s supervisor advised our employee on the way the call should have been conducted. This 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 circumstances. At 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

The consumer has concerns that they are being charged incorrectly. The interest is calculated from April 15, 2011 per the Judgment amount of $4731.25 The interest is calculated at 10% per annum, so there is over 4 years worth of interest added to the Judgment amount which adds up to $2093.51....

Payments made are applied to interest first, as of November 3, 2015, there is still a balance of $1129.02 on which interest will continue to accrue. In a good faith attempt to appease the consumer the client will agree to forgive the remaining balance due, close the file and prepare a Notice of Satisfaction of Judgment that will be filed with the court.

In review of the consumers account and the Attorneys notes from August 29, 2015. The account was instructed to be closed and all arrangements cancelled except for the payment that was due to come out the same day the consumers account was reviewed and the decision was made. Therefore, it was to late to reverse the electronic payment and now we are issueing a refund check in the amount of $500.00. This check was issued on September 24, 2015 and mailed to the consumer at the address stated above.If you have any further questions or concerns please do not hesistate in contacting Fenton and McGarvey Law Firm ###-###-####

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]

To whom it may concern,I have reviewed the complaint of [redacted], the account records of [redacted]
[redacted], the account records of Fenton & McGarvey Law Firm, P.S.C., and theChronological Case Summaries of two cases in Clinton County, Indiana, [redacted],and...

[redacted] My review of the accounts and cases reveals that there are twodifferent accounts and related court cases against [redacted]. My review indicates asfollows:- On August 31, 2007, [redacted] & [redacted]r Law Firm, on behalf of its client [redacted] Bank, filed suit in Clinton County against [redacted]. Case number [redacted]
[redacted] (“421 case”) for a [redacted] Bank account, ending in 9155.- [redacted] was awarded judgment on January 30, 2008 in the amount of $4,479.77,plus costs.- The judgment in the 421 case accrues interest by operation of Ind. Code § 24-4.6-1-101.- A Final Order of Garnishment issued in the 421 case on January 28, 2014.- The law firm of Fenton & McGarvey substituted for [redacted] & [redacted]r onSeptember 8, 2014.- Fenton & McGarvey has been receiving garnishment payments from the Court underthe 421 case.- As of the date of this letter a balance remains on the judgment from the 421 case inthe amount of $346.13. This balance may not reflect funds garnished that have not yetreached Fenton & McGarvey, i.e. funds in transition through the Court.- Upon satisfaction of the full balance, Fenton & McGarvey, on behalf of [redacted],will file a Satisfaction of Judgment and Motion to Release Garnishment Order withthe Court, but only as related to the 421 case.- On September 17, 2007, Wright & Lerch, on behalf of its client [redacted]Associates, LLC, filed suit in Clinton County against [redacted]. Case number[redacted] (“1091 case”) for a [redacted] account ending in 9872.2- [redacted] was awarded judgment on October 12, 2007 in the amount of$3,334.64, plus costs.- The judgment in the 1091 case accrues interest by operation of Ind. Code § 24-4.6-1-101.- A Final Order of Garnishment issued in the 1091 case on July 11, 2014.- Since the garnishment in the 421 case was already in place, the garnishment in the1091 case has no practical effect until the previous garnishment is satisfied. It waits“in line” until any previous garnishment order is paid.- Due to my understanding that all of [redacted]’s non-exempt income has, andcontinues to be, garnished under the 421 case, no payments have been received fromthe court from the 1091 case.- A balance remains on the 1091 case.- Wright & Lerch was purchased by Fenton & McGarvey in 2015, thus both cases nowhave the same law firm representing the respective plaintiffs.- Upon satisfaction of the garnishment in the 421 case, the garnishment in the 1091case will take effect.- When the judgment in the 1091 cases is satisfied via the garnishment order in thatcase, Fenton & McGarvey, on behalf of [redacted] Associates, LLC, will filea Motion to Release the Garnishment and Satisfaction of Judgment.The records of Fenton & McGarvey do no indicate any overpayment or full payment oneither judgment. Accordingly, a Satisfaction of Judgment cannot be filed at this time. Fenton &McGarvey does not report to any credit bureaus.Should Ms. [redacted] have further questions, she can direct them to my attention at the aboveaddress. If Ms. [redacted] disagrees with the results of my review, I would request details as to herunderstanding of these two cases. Alternatively, since the Clinton County Superior Court 1 hasjurisdiction over both of these cases, Ms. [redacted] could request a hearing from the Court.Regards,[redacted]Attorney for [redacted] Bank and [redacted] Associates, LLC

As a preliminary note, the settlement letter was emailed to Ms. [redacted] on December 7, 2015. 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 etc. The called provided responses that matched the information on the file and we proceeded to discuss the account. Subsequently, the caller stated she was not actually [redacted] but was her mother and I terminated the call. Shortly thereafter, the consumer called and provided permission to discuss the account with her mother, Lynda [redacted] the complainant here. Ultimately a settlement was reached and payment was made on December 1, 2015 via our check by phone system. Electronic checks, much like paper checks, can still bounce once they finalize through the system. Therefore, we generally need to allow time for the payments to clear before sending any settled letters and the like. While Ms. [redacted] states she was unable to contact a representative, she spoke with our representatives three times on December 3rd and 4th 2015. On December 3, 2015, Ms. [redacted] called back in and wanted the settlement letter and was told we would need copies of the cleared check. On 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 letter. Ms. [redacted] called again on December 4th and was told we received the copies and would be sending the letter to her. She called a second time on the 4th to check on the status of the settlement letter and was told it was in the process. The letter was prepared on December 7th and emailed to her that day. It is important to note that December 4th was a Friday and the letter was prepared and sent to her the following Monday. I understand Ms. [redacted] wanted this sooner, however, the letter was prepared as fast as it could have been. While 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 her. Please feel free to contact me if you have any further questions. [redacted]###-###-####

I originally sent the Revdex.com a complaint on 8/25/2015 regarding a bill from 2002 that Fenton and McGarvey Law Office was trying to collect. I received an email on 8/31/2015 stating that the judgment is expired and they were canceling the payment arrangement and closing the account. Unfortunately, the message must not have gotten to the billing department as they went ahead and took $500.00 out of my checking account. I was going to just put a stop payment on the check, however, they want to charge me $25.00 to do so.
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As this was not MY error but Fenton and McGarvey's I want them to refund my money to my checking account and actually close the case so this doesn't happen again. Thank you. Debra

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be...

satisfactory to me.  I will wait for the business to perform this action and, if it does, will consider this complaint resolved.Regards,[redacted]
I see where you went ahead and cashed the $500.00 check #115911. I am sending a copy of this email to my bank to put a stop payment on it. You guys need to work on your communication!

The consumer is concerned because she has not received written proof of payment. The account has been settled, however, there has not been sufficient time to ensure the payment clears pursuant to our standard procedures. Once the required amount of time elapses, any pending legal action will be dismissed and a paid letter will be sent. The consumer also raises an issue with the debt appearing on her credit. Any accurate information previously reported will not be deleted, so the account will not disappear from her credit report. The current status of the account will be updated as required by the Fair Credit Reporting Act once the above procedures above have been completed. It generally takes between 60-120 days after clearance of funds for any update to appear on the credit reports.

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

From [redacted],  this is the same account [redacted] had this account then Fenton and McGarvey got it and both this same account are in the court house on my land I was down there today last four numbers of my social is [redacted] not [redacted] I have paid for sept 2007 till now it not my social security number. Sent from my iPod

Hello,The consumer alleges that he paid a settlement and that the firm then garnished, or attached as he put it, his checking account. This, however, is not the case.The garnishment had been served on the bank before the consumer contacted us to discuss settlement and the garnishment was released...

after his settlementpayment cleared. There was some time between settlement and the release, but once a settlement is reached, the payment needs to clear before the garnishment isreleased.Judgment entered on this account on December 8,  2014. A bank garnishment was approved on February 19, 2015, filed with the court on March 3, 2015, and sent for service on March 4, 2015. Thegarnishment was served on his bank on March  6, 2015. Also on March 6,  2015, the consumer called in and discussed settlement and the pending garnishment was discussed. The consumer called our office twice on March 9, 2015. No issues were resolved during the first call. During the second call, a settlement was reached and a payment via check-by-phone was authorized. Check-by-phone payments, as withhard copy checks, can and do bounce if there are not sufficient funds in the applicable account. Therefore, no action is taken on the files, such as releases, paid/settled letters, or satisfactions, for 10 business days to allow clearance.  On March 24, 2014, only 8 days after payment, a release was prepared, filed and mailed to the consumer.  The consumer was not charged twice nor was his account attached after settlement. He did not call until after the garnishment was in place. Once a settlement was agreed to and the settlement payment cleared the garnishment was released. 
If you have any further questions please do not hesitate to contact me. Sincerely,/s/David AndersonFenton & McGarvey Law Firm, P.S.C.