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Kramer & Frank P C Reviews (6)

Revdex.com Dispute Resolution Department [redacted] StLouis, MO RE: [redacted] Complaint No [redacted] To Whom It May Concern: I am writing in response to your email of February 9, Kramer & Frank takes all complaints seriously and investigates them on a case-by-case basisWe immediately ceased collection activity to investigate Mrs [redacted] ’s complaintWe have consulted with our clientI am attaching a copy of this letter that you can send to Mrs [redacted] K&F represents [redacted] (“ [redacted] ”) with regard to an unpaid student loan obligation against [redacted] J [redacted] (“ [redacted] ”), and his mother, [redacted] (“Mrs [redacted] ”) [redacted] defaulted on his student loan in June of [redacted] placed the account with K&F in December of When [redacted] placed the file with K&F, the principal balance was $9, K&F initially sent a letter to Mrs [redacted] ’s bankruptcy attorney, but the attorney apparently no longer represented herMrs [redacted] nevertheless requested information from K&F in response to that letterSo on February 16, 2010, K&F sent [redacted] and Mrs [redacted] demand letters, as well as a response to the requestK&F included the loan application, the promissory note, the loan terms, and a statement of the accountAt that time, the payoff amount was $9,Neither consumer responded, so K&F was not able to establish a payment arrangement with [redacted] or Mrs [redacted] K&F treated certain correspondence from [redacted] and Mrs [redacted] as a request to cease and desist communications under the FDCPA, and flagged the account accordinglyThat flag limited the ability of K&F employees to communicate proactively with the [redacted] s and instead required K&F to wait for [redacted] or Mrs [redacted] to initiate communicationNeither [redacted] nor Mrs [redacted] ever revoked the cease and desistBeginning in April of 2010, K&F received monthly checks from Michael [redacted] , presumably on behalf of his wife Mrs [redacted] The checks ranged in amount from $to $K&F applied the amount of each check to the account balance On July 8, 2010, Mrs [redacted] wrote to K&FShe provided information regarding her status as [redacted] ’s mother and admitted cosigning the noteShe stated that she would pay the account, and asked K&F to send any billing or correspondence to her addressShe also asked about a $late fee assessed by [redacted] She claimed that she was paying on time under a payment arrangement that she entered with [redacted] She based her belief on a promise to pay that she says she made to [redacted] On August 16, 2010, Mrs [redacted] sent K&F another letterIn this letter says she did not agree to pay on any particular date, but rather to pay monthly At the end of the letter she requested an explanation of the late fees and that she receive monthly statements indicating the status of the accountOn May 9, 2011, Mrs [redacted] sent K&F a letter stating that she had not received invoices or statements in months, but that she sees that her checks are clearing and therefore assumes the balance is decreasingOn June 6, 2011, Mrs [redacted] sent K&F a letter stating she has been paying under an agreement with [redacted] since and demanded a statement of the accountIn response, K&F sent Mrs [redacted] what we refer to as a Paycard (a payment history) on June 15, Mrs [redacted] sent K&F a letter regarding the payoff of another account and asked that [redacted] apply the excess funds in her final payment to this accountShe then requested an acknowledgement that she had paid the other account in full and a statement of the balance on the remaining accountShe followed up with a series of other letters requesting payment histories and the current balanceK&F sent her a Paycard on October 11, On October 19, 2011, Mrs [redacted] sent K&F a letter disputing the balance based on the inclusion of late fees in the balanceMrs [redacted] also indicated she would be sending that letter to the Revdex.com, and included a summary of her course of dealing with [redacted] and K&FOn October 27, 2011, K&F received a letter from the Revdex.com regarding Mrs [redacted] ’s claimOn October 19, 2011, Mrs [redacted] sent K&F a letter acknowledging receipt of an “invoice” from us dated October 11, 2011, and our acknowledgement that she had paid the other account in fullShe further stated that she would like to pay off this debt and that the lack of correspondence or explanation of interest calculation and late fees makes paying off the account difficultOn December 31, 2011, Mrs [redacted] sent K&F a letter informing K&F of her husband’s employment change and her intention to keep paying $each month, but that the payment would now be arriving the first week of the month due to her husband’s new paycheck scheduleOn January 23, 2012, Mrs [redacted] sent K&F a letter accompanying her February payment asking for account identification information for payment processing In February of 2013, K&F received notice of a complaint filed against [redacted] with the Attorney General’s Office of MissouriK&F respondedIn April 2013, K&F received a letter from Mrs [redacted] requesting a pay-off amount as of May 1, On April 30, 2013, Michael [redacted] called and said he was confused about the interest amountK&F’s representative told him that our payment history indicated approximately $of interest over the last four months; he said “thanks” and hung upOn May 29, 2013, K&F sent a letter providing notice that a prior balance sent out did not include capitalized interest and indicating that the remaining balance due, with capitalized interest, was $7,In November of 2016, K&F received a letter from Mrs [redacted] requesting a receipt of the payment and a statement of the balance still owedOn November 30, 2016, K&F sent a payment history report and a payoff statement indicating $4,was the payoff amount as of November 29, On July 10, 2017, [redacted] called K&F and requested a pay-off; K&F’s representative told him that K&F would have to request it from the client and that K&F would provide it once received from [redacted] [redacted] said he would call back to check the amount, but K&F has no record of a call [redacted] informs K&F that it has no record of any payment arrangement entered with Mrs [redacted] in The total monthly cash payment was to be $ever since June 13, Prior to December 2009, [redacted] attempted to collect the account internallyIt handed the account over to K&F in December of that year [redacted] has determined that since late fees were added after it sent the account to collections, it will remove the late fees that were assessed during that timeIt is removing a total of $from the amount dueThere will be a balance remaining after that credit [redacted] has promised to provide an updated payoff balanceK&F will provide the new balance as soon as it receives itIf you have any further questions or comments, please do not hesitate to contact usThank you Sincerely, Attorney

Initial Business Response /* (1000, 7, 2016/02/25) */
Dear Sir of Madam:
Our law firm was hired by The *** of the State of Missouri to pursue the consumer for collection of an outstanding debtAs part of our collection efforts, we filed a count lawsuit on 4/01/in
Randolph County, Case No11RA-CVXXXXXThe consumer agreed to a payment plan on the counts of the lawsuit and the court entered a consent judgment on 5/20/
Following entry of the consent judgment, the consumer has made payments on and off since the date of judgmentThe consumer claims that he has requested a balance several times but not received one
Our records show that the consumer has contacted us times by phone since the date of judgmentHe first called on 8/25/to request the balance remaining on his accountsK&F told him that we would need to check with our client for the exact balance due and that he should call back for that informationOur records do not reflect that he called back as instructed
The consumer then called on 9/30/with questions regarding a garnishmentHe indicated that he wished to set up a payment planK&F informed him that K&F would not be in a position to set up a payment plan until after the garnishment endedWith that information, he set up a payment plan to begin after the garnishment ended
On 2/4/16, the consumer called to request a payment historyK&F again advised him that we would need to request a payment history from our client and that we would send
it to him upon receiptFollowing that call, we requested a payment history on these accounts from our client
Then, on 2/8/we received this complaintWe again asked our client to provide a payment history and informed it of this complaint in an effort to expedite the responseOn 2/10/16, less than a week after the request, our client provided the payment historyWe immediately mailed the payment history to the consumer as promised
As of this date, we have had no further communications with the consumer; and we believe that we have complied with his requestIf you have questions, do not hesitate to contact our office
Sincerely,
*** J*** MBE XXXXX
Attorney at Law
(XXX) XXX-XXXX
FAX: (XXX) XXX-XXXX
***@lawusa.com

I am writing in response to Ms***’s complaint to the Revdex.com on July 28, Please note that we have had trouble responding online, so I am accepting your invitation to respond via email We should immediately clarify two pointsFirst, we represent *** Bank;
Ms*** is not our clientWe treat all consumers with dignity and respect, but we owe our first duty to our clientSecond, we informed Ms*** of the terms of the recurring payments that she authorized, but unfortunately, she waited until after the deadline to try to cancel the payment in question Attached please find a copy of the notice that *** provided Ms*** when she authorized the recurring-payment ACH debitThat notice provides: “You must make your request to cancel your Authorization at least three banking days before the scheduled payment date.” Per Ms***’s request on July 21, 2017, *** cancelled all scheduled ACH withdrawals after the one scheduled for July 24, Because she did not request cancellation at least three banking days before the July payment, however, we could not cancel itPlease note that July was a Friday, and July was a MondayAlthough bank branches are increasingly open on Saturdays, banks nevertheless do not count Saturdays and Sundays as banking days She could also have cancelled her payments from the same website on which she set them up, ***.comBut again, she would have had to do so at least three banking days before the date of payment for it to be effective, per the written agreementAnd she may have been able to cancel the withdrawal directly with her bank (although such a request may also have been too late for the bank to cancel the payment) I hope that we have answered Ms***’s concernsIf not, please contact meThank you *** *** Chief Compliance Officer Kramer & Frank, P.C

Revdex.comATTN: DISPUTE RESOLUTION DEPARTMENTNBroadway, Ste2060Saint Louis, MO 63102RE: *** ***Your ID number: ***Refer to our file code: ***Dear Sir or Madam:Kramer & Frank, P.C(“KF”) received a complaint from your offices on December 29, KF reviewed
its fileregarding Annette *** and informed its client of the complaintKF filed suit on behalf of *** *** Bank forbreach of contract for failure to pay a VISA credit card against Annette *** on December 26, The St.Louis County Sheriff’s office served Ms*** with a copy of the lawsuit, but she did not appear on the first courtdateKF obtained a default judgment against Ms*** on February 26, 2007, for a total amount of $3,297.72together with post-judgment interest at 17.55% per annumAs of November, 2014, *** *** voluntarily ceasedaccruing interest, and the balance as of the above date is $5,KF has never received a payment on theaccountMs*** implies that the existence of this debt surprised her, but that cannot be the case.Ms*** complains that KF “went into [her] bank account without [her] knowledge.” As Missouri law permits,KF requested that the court issue a garnishment to Regions Bank on November 29, KF sought to attach anynon-exempt funds in any bank accounts held by Ms***But before that, Ms*** contacted KF several times,starting in In each of the calls, Ms*** claims that her credit card account did not have such a highbalanceThat claim seems to acknowledge the debtKF’s file indicates Ms*** opened her credit card accountwith *** *** in Because of the length of time this balance has gone unpaid, and because interest ran onthe account until November 2014, the balance increased to over $5,KF has attempted to collect thejudgment several times, but has been unsuccessful, so the balance has never decreasedKF has a garnishmentcurrently pending that will expire February 3, KF is willing to work out a payment arrangement with Ms.*** and may be willing to compromise some of the balance if the parties can reach a mutually acceptableagreement.If you have questions, do not hesitate to contact our office.Sincerely,*** ** *** *** ***Attorney at Law*** ***FAX: *** ***@lawusa.com

Revdex.com Dispute Resolution Department [redacted] St. Louis, MO 63102   RE:       [redacted] [redacted] Complaint No. [redacted]           To Whom It May Concern:  ...

            I am writing in response to your email of February 9, 2018. Kramer & Frank takes all complaints seriously and investigates them on a case-by-case basis. We immediately ceased collection activity to investigate Mrs. [redacted]’s complaint. We have consulted with our client. I am attaching a copy of this letter that you can send to Mrs. [redacted].               K&F represents [redacted] (“[redacted]”) with regard to an unpaid student loan obligation against [redacted] J. [redacted] (“[redacted]”), and his mother, [redacted] [redacted] (“Mrs. [redacted]”). [redacted] defaulted on his student loan in June of 2009. [redacted] placed the account with K&F in December of 2009. When [redacted] placed the file with K&F, the principal balance was $9,162.24.                   K&F initially sent a letter to Mrs. [redacted]’s bankruptcy attorney, but the attorney apparently no longer represented her. Mrs. [redacted] nevertheless requested information from K&F in response to that letter. So on February 16, 2010, K&F sent [redacted] and Mrs. [redacted] demand letters, as well as a response to the request. K&F included the loan application, the promissory note, the loan terms, and a statement of the account. At that time, the payoff amount was $9,543.61. Neither consumer responded, so K&F was not able to establish a payment arrangement with [redacted] or Mrs. [redacted]. K&F treated certain correspondence from [redacted] and Mrs. [redacted] as a request to cease and desist communications under the FDCPA, and flagged the account accordingly. That flag limited the ability of K&F employees to communicate proactively with the [redacted]s and instead required K&F to wait for [redacted] or Mrs. [redacted] to initiate communication. Neither [redacted] nor Mrs. [redacted] ever revoked the cease and desist. Beginning in April of 2010, K&F received monthly checks from Michael [redacted], presumably on behalf of his wife Mrs. [redacted]. The checks ranged in amount from $75.00 to $110.00. K&F applied the amount of each check to the account balance.   On July 8, 2010, Mrs. [redacted] wrote to K&F. She provided information regarding her status as [redacted]’s mother and admitted cosigning the note. She stated that she would pay the account, and asked K&F to send any billing or correspondence to her address. She also asked about a $15.00 late fee assessed by [redacted]. She claimed that she was paying on time under a payment arrangement that she entered with [redacted]. She based her belief on a promise to pay that she says she made to [redacted]. On August 16, 2010, Mrs. [redacted] sent K&F another letter. In this letter says she did not agree to pay on any particular date, but rather to pay monthly.  At the end of the letter she requested an explanation of the late fees and that she receive monthly statements indicating the status of the account. On May 9, 2011, Mrs. [redacted] sent K&F a letter stating that she had not received invoices or statements in months, but that she sees that her checks are clearing and therefore assumes the balance is decreasing. On June 6, 2011, Mrs. [redacted] sent K&F a letter stating she has been paying under an agreement with [redacted] since 2009 and demanded a statement of the account. In response, K&F sent Mrs. [redacted] what we refer to as a Paycard (a payment history) on June 15, 2011. Mrs. [redacted] sent K&F a letter regarding the payoff of another account and asked that [redacted] apply the excess funds in her final payment to this account. She then requested an acknowledgement that she had paid the other account in full and a statement of the balance on the remaining account. She followed up with a series of other letters requesting payment histories and the current balance. K&F sent her a Paycard on October 11, 2011. On October 19, 2011, Mrs. [redacted] sent K&F a letter disputing the balance based on the inclusion of late fees in the balance. Mrs. [redacted] also indicated she would be sending that letter to the Revdex.com, and included a summary of her course of dealing with [redacted] and K&F. On October 27, 2011, K&F received a letter from the Revdex.com regarding Mrs. [redacted]’s claim. On October 19, 2011, Mrs. [redacted] sent K&F a letter acknowledging receipt of an “invoice” from us dated October 11, 2011, and our acknowledgement that she had paid the other account in full. She further stated that she would like to pay off this debt and that the lack of correspondence or explanation of interest calculation and late fees makes paying off the account difficult. On December 31, 2011, Mrs. [redacted] sent K&F a letter informing K&F of her husband’s employment change and her intention to keep paying $100.00 each month, but that the payment would now be arriving the first week of the month due to her husband’s new paycheck schedule. On January 23, 2012, Mrs. [redacted] sent K&F a letter accompanying her February payment asking for account identification information for payment processing.  In February of 2013, K&F received notice of a complaint filed against [redacted] with the Attorney General’s Office of Missouri. K&F responded. In April 2013, K&F received a letter from Mrs. [redacted] requesting a pay-off amount as of May 1, 2013. On April 30, 2013, Michael [redacted] called and said he was confused about the interest amount. K&F’s representative told him that our payment history indicated approximately $27 of interest over the last four months; he said “thanks” and hung up. On May 29, 2013, K&F sent a letter providing notice that a prior balance sent out did not include capitalized interest and indicating that the remaining balance due, with capitalized interest, was $7,525.78. In November of 2016, K&F received a letter from Mrs. [redacted] requesting a receipt of the payment and a statement of the balance still owed. On November 30, 2016, K&F sent a payment history report and a payoff statement indicating $4,257.96 was the payoff amount as of November 29, 2016. On July 10, 2017, [redacted] called K&F and requested a pay-off; K&F’s representative told him that K&F would have to request it from the client and that K&F would provide it once received from [redacted] said he would call back to check the amount, but K&F has no record of a call. [redacted] informs K&F that it has no record of any payment arrangement entered with Mrs. [redacted] in 2009. The total monthly cash payment was to be $114.77 ever since June 13, 2007. Prior to December 2009, [redacted] attempted to collect the account internally. It handed the account over to K&F in December of that year. [redacted] has determined that since late fees were added after it sent the account to collections, it will remove the late fees that were assessed during that time. It is removing a total of $634.10 from the amount due. There will be a balance remaining after that credit. [redacted] has promised to provide an updated payoff balance. K&F will provide the new balance as soon as it receives it. If you have any further questions or comments, please do not hesitate to contact us. Thank you.   Sincerely,   Attorney

I am responding to your email of November 20, 2017, enclosing [redacted]’s complaint. We take all claims seriously and evaluate them on a case-by-case basis.   Mr. [redacted] states that he requested the Kramer & Frank (“K&F”) validate a debt. He further claims that Kramer & Frank...

(“K&F”) failed to respond as soon as the law required.   K&F is a law firm that collects debts on behalf of creditors. One of its clients hired it to collect a debt from Mr. [redacted]. K&F sent him an initial demand letter on September 18, 2017.   K&F received Mr. [redacted]’s request for validation on October 19, 2017. We immediately stopped all collection activity, as required by the Fair Debt Collection Practices Act (“FDCPA”), while we verified the debt.   We have now done so. We responded to Mr. [redacted]’s request on November 20, 2017. I am attaching a copy of the letter. To protect his privacy, I am not attaching the documents that we provided him.   Mr. [redacted] is mistaken, though, about the time allowed for such a response. The FDCPA sets no such time limit. Indeed, the courts have ruled that a debt collector does not ever have to respond if it chooses not to continue collections.   While we try to address such requests as soon as we can, we believe it is more important to get it right. In an ideal world, we would have responded sooner, but we responded as soon as we could. Having now obtained the information and documents needed to verify the debt, we passed them along to Mr. [redacted].   Mr. [redacted] also asserts that, because it took more than 30 days to respond, K&F must delete all references to this account from his credit file and provide him with a copy of the requested deletion. Mr. [redacted] seems to be confusing the FDCPA with the Fair Credit Reporting Act (“the FCRA”). The FCRA exclusively governs credit reporting.   Under the FCRA, if Mr. [redacted] had sent a dispute to a credit-reporting agency (such as Experian, TransUnion, or Equifax) and the agency forwarded the dispute to the party that furnished the information, then the furnisher would have had 30 days to respond. If the furnisher failed to do so, then the FCRA would require the agency to delete the disputed information.   But that did not happen here. First, Mr. [redacted], to our knowledge, has not sent a dispute to any credit-reporting agency. Second, even if he had, K&F did not report his debt to any credit-reporting agency, so the agency would not send K&F any dispute. And third, K&F is not a credit-reporting agency. Therefore, K&F cannot owe Mr. [redacted] a duty to delete anything from his credit file.   Mr. [redacted] requested that we conduct all future communications with him in writing. We will honor that request, of course.   If Mr. [redacted] has any questions or if he wishes to resolve his debt, he should not hesitate to contact us directly. As I mentioned, we take complaints seriously and would be happy to address any further concerns that he may have.

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Address: 9300 Dielman Industrial Dr., Ste 100, Saint Louis, Missouri, United States, 63132-2205

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