Schenekel, Tirpak & Kowalczyk

Initial Business Response /* (1000, 5, 2017/07/13) */
Revdex.com of Northern Indiana Parnell Avenue
Fort Wayne, Indiana XXXXX
Re: Case No*** *** ***
SAC Finance, Incv*** ** *** and *** ** *** Allen Superior Court, Cause No02DXX-XXXX-CC-XXXXXX
Dear Gentlemen:
I am
receipt of your Consumer Complaint under date of June 30, Although I am not a Member of the Revdex.com and I am not aware of any authority which the Revdex.com has in this matter, I would be happy to address the assertions of Ms***Based upon her submission of this Complaint, I can only assume that she has provided written authorization for you to obtain informationShould this not be accurate, please advise immediately, disregard this communication and destroy it at your very earliest convenience
Public records of the Allen County, Indiana disclose that SAC Finance, Incfiled suit against *** ** *** and *** ** *** on or about September 26, Judgment was entered against each, jointly and severely in the amount of *** plus costsAs you are aware, judgments in the State of Indiana bear interest at the statutory rate until paid in full
Ms*** contacted my office by telephone inquiring about the above referenced causePrior to undertaking any communication with her, I provided the required notification of the communication being an attempt to collect a debt by a debt collector and that any information provided can be used for that purpose
She then inquired as to the dispositional proceeds of the dispositional sale of the collateral re-obtained by the Plaintiff in this causeI indicated to her that I did not have that information immediately available but I could provide to her the original judgment amount
Revdex.com
July 11, Page
Regardless of the dispositional proceeds, the judgment amount fixed the initial debt of the Debtors/Defendants causing the amount of the dispositional proceeds to somewhat irrelevantThat amount was considered by the court at the time of entering judgment
I advised her of the amount of the judgmentShe then inquired as to the total payments madeI did advise her that I did not keep a running total amount of payments madeRather, we maintain a record of payments and the declining judgment balance owed by a DefendantShe was somewhat disturbed about my inability to provide to her that information and became agitated
She then advised me that she had filed bankruptcy at which point I told her I could not even talk to her about this debt and she should have her attorney contact meShe then advised me that she had been granted a discharge in bankruptcy and I advised her that I could not discuss with her payment of a discharged debtShe again became agitated
She continued to insist upon obtaining a balance at which time I explained to her my office policy of not providing balance information over the telephoneBalance information, as well as information relating to the debt of another, is information which is confidential and under various state, local and Federal statutes not a subject of disclosure to third parties without the written consent of the DebtorI advised her of these circumstances as the basis of my refusal to provide that information over the telephoneI advised her that she could send a written request for a balance statement providing her written consent to provide that information and send it to my officeWe would then respond in writingI advised her that should Mr*** desire a balance, we would require the same process to be employed and provide him with a balance statement in writingThe use of a writing to request such a balance statement and to respond thereto seems only prudent in light of an inability to adequately verify and document the participants in a telephone conversation as well as the information requestedConsequently, it has been, is, and remains my office policy to require a written request for the balance statement by any Debtor be it pre or post judgmentI will not change that policy
Should either Ms*** or Mr*** desire a balance statement, we would be happy to provide that to themThis will include an itemization of all payments received toward the satisfaction of the judgment entered by the Allen Superior CourtThat request can be directed to my office as identified above and should include a return address for the individual making that request
I find it somewhat ironic to be labeled as "rude," I assure you that my response to Ms*** was neither rude nor inappropriateMy conduct, response, and comments were both professional and appropriate under the circumstancesMs*** seems to neglect Revdex.com
recalling that her final comments prior to hanging up the phone were obscene and inappropriateApparently, such actions must fall outside her definition of "rude."
As indicated, I would be happy to provide information to either named Defendant so long as they provide the written authorization and request for the same
Should you have any further questions, please do not hesitate to contact me
Sincerely,
Schenkel Tirpak & Kowalczyk
*** ** ***
RJT/clmnri
Initial Consumer Rebuttal /* (3000, 7, 2017/07/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I do not accept because he's lyingHe informed me that I was included in a bankruptcy and after him saying that I would need to speak with my attorney I advised him that it had been dischargedYes, I did use an obscenity at the end of the call because I was agitated after he was rudeHis response to the questions that I was asking were in fact not professionalWhen I asked him if he wanted to speak with Mr*** he then exclaimed no he didn't and wouldn't be providing information to him because he didn't know who was on the lineI find it odd that he could go over the balances and other information but could not provide what I was asking for without "knowing who was on the line." He also never advised me that this would be an attempt to collect a debtHowever, he has the adress for Mr*** since a garnishment is already active and should be able to send the information after it being requested verbally
Final Business Response /* (4000, 9, 2017/07/21) */
Revdex.com of Northern Indiana Parnell Avenue
Fort Wayne, Indiana
Re: Case No*** *** ***
SAC Finance, Incv*** ** *** and *** E*** Allen Superior Court, Cause No02DXX-XXXX-CC-XXXXXX
Dear Gentlemen:
Thank you for the courtesy of providing me with the rebuttal of the Claimant
It appears that the Claimant is intent upon engaging in a "he said/she said battleI will refrain from doing so
I will again assure you that my response to Ms*** was neither rude nor unprofessionalI simply advised her that I would not be complying with her demand based upon my office policy, concerns of privacy, and understanding of applicable lawI advised her that she could obtain a balance through the simple process and procedure of writing a request for the balance of an account, signing the same, providing a return address and mailing it to my officeThat requirement remains, and upon receipt of such a request, will be responded to appropriately
I did advise Ms*** that Mr***, or whoever was on the other end of the telephone, would not be provided with a current balance and that he would be advised of my office policy as explained above
Despite the representation to the contrary, I did not go over any balance of the account with Ms***I provided to her the original judgment amount which is a matter of public recordAny individual who desires to search the public record can obtain that informationConsequently, providing it does not provide any confidential information, only information available through the public record
It is my habit, routine, and practice to provide the required statement relating to debt collection to debtors with whom I engage in conversationI assure you that statement was provided to the Claimant
Whether or not I possess the address of Mr*** is only secondarily important to the providing of balance informationThe initiating factor in the providing of such confidential information is the request which must be made by the debtor owing the debtConsequently, the requirement of a written request signed by the debtor is, shall, and remains the office policyThat will not be changed
I trust you will share this response with Ms***As a consequence, l am advising you, and her, that no further telephonic communication from her should be made with my officeAny communication from her must be in written formAdditionally, although I appreciate your providing to me copies of her communication, I will respond no further in this matterIt has now consumed significantly more time than it should have requiredIt strikes me as somewhat quizzical that the time and effort as expended by the Claimant in this matter has now exceeded that which would have been required for the complying with the requirements for obtaining a balance statement
As previously indicated, should Mr*** be inclined to obtain a balance statement, he should provide the written request therefor to my office, providing his return address and signature
Trusting this will terminate the matter, I again thank you for your consideration
Sincerely,
Schenkel Tirpak & Kowalczyk