Law Office of Attorney David Sean Dufek

Review: In October 2012, I agreed to an account settlement of $6616.10. I explained during the initial discussion that I had made a payment of $2400 to the original creditor on October 2, 2012, prior to being notified that it had gone to collections. The Law Office of David Sean Dufek informed me that it would not be a problem and that I could pay the settlement less the $2400 and that their office should receive this payment within 60 days. On December 18, 2012, a representative of the Law Office of David Sean Dufek informed me that the payment had not been accounted for and requested proof of payment, which I provided in the form of a copy of the electronic payment record. In February 2013, I received a letter threatening to nullify the agreement. Again on February 22, 2013, I explained. A representative agreed to approach the original creditor on my behalf. On March 7, 2013, I was informed that the original creditor claimed to have never received the payment. A new deadline of March 29, 2013 was set to receive payment. On March 25, 2013, I sent a certified check for $2400 that was received by the Law Office of David Sean Dufek on March 26, 2013, fulfilling the payment deadline. On May 3, 2013, I received undeniable proof from my personal bank that the original creditor did receive the payment on October 5, 2012 and had forwarded it to the company that bought the account on October 6, 2012. On May 3, 2013, I sent, by registered mail, the proof as provided to me by my personal bank. An attempt to deliver was made by the postal service on May 7, 2013. As of today, May 16, 2013, the letter sits at the post office, waiting to be picked up.Desired Settlement: As owner of the account, the Law Office of David Sean Dufek needs to locate the original $2400 payment and return it to me.

Business

Response:

Regarding Complaint ID #[redacted], I have reviewed this account and the following is my understanding of the customers complaint. The placement balance on the account was $9,451.51. On October 10, 2012, the Customer made a payment of $4,216.10 on a settlement amount of $6616.10. The second and final payment of $2,400.00 was then due to be paid. The Customer claimed that the $2,400.00 was paid prior to October, 2012. We asked for documentation of this payment. On December 20, 2012, this office received documentation of prior $2,400.00 payment, and forwarded this information to our client for review and adjustment. On February 27, 2013, we sent a second request to verify that the customers $2,400.00 payment was applied to this account. On March 6, 2013, we were informed by [redacted] Bank (Original creditor) that the $2,400.00 payment was received after the account was sold, that there was never a settlement offered to the customer. I have contacted my client to determine the status of the $2400.00 paid in October, 2012, and as soon as I have information, I will let you know. Thank you, David Sean Dufek

Consumer

Response:

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.

[redacted],

Thank you so much for accepting my rebuttal. I am trying to be as fair as possible, and believe I have given the situation long enough to be resolved. Should a positive conclusion ever be reached, I will send a follow up email. As of today, the situation remains unsolved.

The response submitted by the business, Law Office of David Sean Dufek, was a great first step. The last sentence of the response states "as soon as I have information, I will let you know". I waited ten business days for someone to let me know. On June 4, 2013, I contacted the business and was put in contact with a manager, who reviewed my case. At first, he told me that my settlement agreement included one $2400 payment to the holder of the account and one $2400 payment to the firm for the remainder of the settlement agreement. I told him no, that the original $2400 payment was included in the settlement owed to the firm and was never intended to be in addition to the settlement agreement. After further review, he agreed that the original $2400 should have fulfilled the balance of the settlement. He said he would talk to his client and that I should call back the next day.

On June 5, 2013, as instructed, I called the manager that I had spoken to the day before. I made three attempts to return the call. Each time, the call rolled to voice mail. I left a message on two attempts. I did not receive a call back.

On June 6, 2013, I called the manager and was successfully connected. He told me that he had spoken to his client and that I would be issued a $2400 refund. I asked how long it would take to process the refund and he told me that it was usually very fast. I asked if I should expect the refund by the following Wednesday, June 12. He said yes, that would be enough time.

As of the end of the day on Wednesday, June 12, no refund has been received.

Regards,

Business

Response:

I received your customer rejection at 8:20 am on Thursday, June 13, 2013. At 8:25 am on Thursday, June 13, 2013, I forwarded same on to my client in order to resolve the issue of the payment of the refund money. I will respond directly to the customer when I have information from my client. Thank you for your assistance in this regard. Sincerely, David Sean Dufek

Consumer

Response:

I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me. The business called me on June 13 to let me know that their client had

written a check to me for $2400 on June 7, and perhaps they did not mail

it until June 10. On June 14, I received the check. Though this

complaint is resolved, it took nine months from the time the initial

check was written, and seven months of active effort on my part to prove

that this money had been paid and should be accounted for. This is, and

always will be, an unacceptable time frame for settling a matter of

this nature. Had it not been for the avenue of the RevDex.com, I believe I would still be without resolution. Thank you for your support.

Regards,