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Spears, Dewitt & Hall

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Spears, Dewitt & Hall Reviews (30)

Mr. [redacted]'s complaint has been rectified by removing his number from our database. Additionally, it has been added to our phone platform's DNC list. It cannot be called again.

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Regards,
[redacted]

Complaint: [redacted]
I am rejecting this response because: I looked at my credit score on [redacted] and now show a new open account as of august 6th 2015 talbot debt collector original creditor forrest glen apartments balanced open 0 reported by equifax know this agency is stating that I am deliquent and is reflecting negatively on my credit report this company continuously states they have done everything to help but They continue to incriminate themselves with their actions
Regards,
[redacted]

Dear Sir/Madam:
    Please allow this correspondence to serve as a response to Ms. [redacted]'s Revdex.com complaint.  Ms. [redacted] originally requested a letter indicating that the account had been resolved.  Such was mailed to Ms. [redacted] on October 28, 2014 once her payment...

had cleared.  Less than five days later Ms. [redacted] was calling our offices demanding as to why she had not yet received the letter.  A recording of that telephone call is attached.  Ms. [redacted] resides in Rockport, Texas.  In my experience it is not unusual for regular mail from San Antonio to smaller Texas city's to take more than one week to arrive.  Our collections manager offered to fax Ms. [redacted] a copy of the letter however, such offer was not sufficient to her.  
     As to Ms. [redacted]'s claims that we were negligent in failing to correctly notate the payment as she was unable to open a new bank account, I believe that she is referring to the Chex Systems database.  As you are aware Chex Systems is a credit reporting type bureau available only to banks to notate persons whose accounts were closed with an overdraft.  SDH has no access to the Chex Systems database, has no input into what is submitted to Chex Systems and does not have the ability to either report to Chex Systems or request that it delete information.

In response to Ms. [redacted]' complaint and in an attempt to resolve the matter, Respondentcompany (company), Spears, DeWitt & Hall (hereinafter SDH) replies as follows:Any phone calls made by this company are in no way harassing in nature. Thecomplainant owes a balance to a client that has...

retained our services of collecting the amountowed.Whether or not a particular outstanding debt is on a consumer credit report, does notnegate the fact that the debt is still outstanding and is rightfully owed to the creditor.After reviewing the recordings for the complainant's account, it was found that the agentwas in no way rude and handled the call professionally.We have attempted to contact the complaint multiple times since 2010 without success.We have blocked, and removed, all phone numbers associated with this account and will abideby the wishes of the complainant to never be contacted again.

We have resolved this complaint with the consumer.  Please see attached response.

Dear Sir/Madam:
    We sincerely apologize to Mr. [redacted] for any inconvenience that this incident may have caused him.  I have reviewed our file in regards to the subject incident and found that the file was originally placed with our office by Oak Hollow apartments on June...

26, 2009.   From the file notes it appears that we did not contact Mr. [redacted] previously as we did not have a current telephone number for him until late September 2014.
     We are unaware of when Oak Hollow Apartments placed the file with a second collection agency, and did not know such placement had occurred until receiving this complaint.  Unfortunately, it is not a rare occurrence for a business to place debt files with multiple collection agencies.  Never the less, we have updated Mr. [redacted]'s account file to notate the new information and will be closing his file as satisfied.
    Please do not hesitate to contact me if I may be of further assistance.
Sincerely,
[redacted]

Revdex.com   RE:      Complaint Number [redacted]             Second Response provided by Spears, Dewitt, & Hall   Spears, Dewitt, & Hall received Revdex.com complaint #[redacted] on August 4, 2015.  On August 5, 2015, Spears, Dewitt, & Hall responded.  The complainant, Ms. [redacted], thereafter “rejected” the response.  Accordingly, Spears, Dewitt, & Hall files this second response.   1.      Complaint regarding documentation:   Complainant stated that she has not received any statements since February 25, 2015.   Spears, Dewitt, & Hall utilizes a secure software management program that automatically generates an account balance statement prior to each payment date that has been agreed upon by each consumer.  Each generated account balance statement is printed and mailed prior to each consumer’s payment date.  Upon final payment, an automatic “Paid in Full/ Settlement in Full” letter is generated and mailed to the consumer.    Therefore, in accordance with our standard business practices, utilizing our secure software management program, the above named complainant would have been mailed an account balance statement prior to each of her agreed upon payment dates and a final statement once her account was paid in full.  Specifically, in this case, the claimant’s address changed in February and may have caused a delay in receiving a couple of monthly statements.  However, a final statement was generated on July 25, 2015 and mailed on July 30, 2015.   After receiving her original Revdex.com complaint #[redacted], Spears, Dewitt, & Hall immediately sent to complainant another final statement on August 5, 2015, showing a balance of $0.00, via certified mail, return receipt requested.  As of this date, August 12, 2015, Spears, Dewitt, & Hall has not yet received the returned, signed green card.   On August 7, 2015, complainant apparently received the July 25th final statement.  There was a discrepancy on the statement, showing a one cent balance.  The discrepancy has since been corrected.  The final statement that was mailed to complainant on August 5, 2015 shows the debt paid in full with a balance of $0.00.  An update showing paid in full will be submitted to the credit bureaus.    2.      Complaint regarding selling debt to other debt collection agencies   Complainant stated concern regarding a “sale to other debt collection agenc[ies]” and a negative reflection on her credit.   The one cent discrepancy has been explained.  Further, Spears, Dewitt, & Hall does not sell debts to third party debt collection agencies.  As stated before, an update showing paid in full will be submitted to the credit bureaus.   Any further questions or concerns can be addressed to the company’s General Counsel, [redacted], at [redacted] or [redacted].[redacted].

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution is satisfactory to me.
Regards,
[redacted]

The complainant alleges that they were not notified about their debt. Spears, Dewitt &Hall has records indicating that a first notice letter was sent to the complainant on September 26,2012 to the address associated with the account. The request for validation of debt has beenreceived and will...

be mailed out to the address provided in this complaint by certified mail. Thecomplainant is incorrect in that the validation request is to be received in 5 days. The 5 dayperiod mentioned by the complainant is part of FDCPA §809. The first notice letter Spears,Dewitt & Hall sent on September 26, 2012 covers the requirements laid out in that section. TheFDCPA §809 allows a 30 day period to respond to any disputes of a debt. Although the statuteof limitations for a debt account in the state of Texas is 4 years, the statute does not bar the debtfrom being collected. The statute of limitations for collections accounts on a consumer creditreport is 7 years which is set to run on March 20, 2017. Spears, Dewitt & Hall has received thecease and desist request from the complainant and have been authorized by the complainant tocontinue contact through mail only at the address provided. Finally, the complainant alleges thatthe balance they owe is $901.00 but we show the balance on the account is $162.95.

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