Complaint Category: Improper collection practices
Complaint: ** ***** from Randall & Richards is using harrasment to try to collect a debt. This is against the law according to the fair debt practices.
** ***** from Randall & Richards has been negotiating with the President of the company of Combat Termite Specialist to collect a debt owed to a company called Residex. Their has been dialog between the two regularly in order to try to resolve the situation. On several occasions Randall & Richards will call over and over again, even though I have taken a message and told them I will relay that message to the President of the company. On 09/18/2013 I answered the phone and Mr. ***** was on the other end wanting to talk to the President of the company. I told him he wasn't in and asked to take a message. I also asked that he would stop calling over and over again that it was disturbing the other calls that were going in and out of the office. He then blew up using profanity and telling me that he was filing papers taking the company to court. Yelling and screaming. I told him that if he continued to harrass me I would report him to the BBB and he had to obey the fair debt collection practices. He told me to report him and that he would keep harrassing me, our vendors and anyone else that would listen to him. This man is very unprofessional and sounds very unstable. From now on I will be recording every time Randall & Richards calls my office and I have sent over a letter asking Randall & Richards to stop the harrassment pusuant to the Fair Debt Collection Practices Act. I understand there are debts to be collected but practices have been put in place so people are not harrassed or threatened. Thank your for your time in investigating this matter.
Initial Business Response
Contact Name and Title: ****** *************** mg
Contact Phone: 520.745.8701
Contact Email: *****@randallandrichards.com
Thank you for forwarding this complaint that you received concenring Randall and Richards. First I will give you the background on this unpaid debt. We represent a client, Residex, who has been owed $2,777.15 since April 12, 2012. Our client contacted us to help them recover these monies on 10.16.12. Since our involvement, there have been few conversations with the owner of the company, ***** ******** In a few of these conversations, he made a promise to make a partial payment monthly but that never happened. Then recently, he began discussing a potentital settlement of the debt, and that has yet to become a reality as well.
The complaint states that ** ***** from our office was the recent party who was calling the debtor business. In reviewing the calls, I will correct this by telling you it was ****** **** that has been calling recently. ** ***** worked the account for a few months and never spoke with the debtor business owner, *****, or ****** He did leave messages on the voicemail numberous times over the course of the months he worked the debt. None of those messages ever had a return call from ***** of the debtor business.
The complaint states that on 9.18.13 our collector began screaming, yelling and using profanity. After reviewing all the calls made to the debtor business for the past three months there is no evidence of any profanity being used or directed at Erika or anyone at the debtor business. This is a total fabrication, or lie, by *****. After reviewing the calls and the most recent one on 9.18.13 there was no yelling or screaming. ***** **** did increase his tone of voice so as to be heard by ***** as she became confrontational once Mr. **** said he was calling from Randall and Richards. I find that *****'s tone of voice was still well within the professional realm.
I believe her opinions of *****, when she states he sounds very unstable, are unwarranted and nothing more than an attempt to deflect the issue from her and her boyfriend's business' debt.
The number of calls made to this debtor business stayed with in the guidelines of the FDCPA. As this is a commercial debt,that being described as a debt incurred between two businessess, the FDCPA doesn't apply since it is a consumer debt protection act. Most of the calls that were made lasted less than 18 seconds and were disconnected after a few rings therefore showing that there were no completed calls to the debtor business.
The desired resolution won't happen as we have not threatened, harrassed or used foul language in any of our attempts over the past 11 months to help our client get paid for their product/services that are now over 18 months old. This debtor business has been using the stall that they are in litigation against a former partner of the business. That has no merit as to why the debt still remains unpaid.
Therefore we will continue our efforts to collect the entire debt they owe our client in full. There is no longer a settlement to be negotiated on this debt. If they would like to once and for all handle their outstanding debt in a professional and responsible way they can contact me directly to do so.
Should there be any other information you may require to remove this complaint from our file or records please contact me directly.
Final Consumer Response
(The consumer indicated he/she DID NOT accept the response from the business.)
These people don't even have the respect to spell my name right! And he did yell because other people in the office heard him screaming through the phone. You don't threaten people, I work here I, take messages - that is what I told him I would do. No one is going to threaten me like that where I work and he told me to report him so he knows his behavior was out of control. I encourage Randall and Richards to find better professionals to handle any conversation with clients because this man is the most unprofessional person I have ever spoken to over the phone. I am not satisfied with their response and I challenge them to send a copy of the conversation to the BBB for them to review, one with out any edits. These people use bulling tactics and threats and not only that now I know they are liars. I would be more than happy to have my office staff verify my complaint because if there was just a "raised voice" no one else would have heard him screaming through the phone. And he did use profanity. He tried to stop himself halfway through but not in time. Good try though.
Final Business Response
The debtor business needs to pay their outstanding debt. Their most recent response has no validity to it. Randall and Richards responded to the initial complaint with the facts. They want anything else they should seek other remedies. Randall and Richards violated no laws and has handled the collection effort correctly. We will continue to pursue the debtor company to pay their debt through all viable means.
Complaint Resolution: BBB determined that despite the company's reasonable effort to address complaint issues, the consumer remained dissatisfied.