Complaint #1364080 submitted on 05/06/2015 relating to Javitch, Block & Rathbone LLC. Complaint relates to Debt collection Credit card - Cont'd attempts collect debt not owed Debt is not mine.
Complaint was submitted via Web and sent to the company on Wednesday 6th May 2015.
Javitch, Block & Rathbone ( JBR ), on behalf of XXXX XXXX XXXX ( XXXX ), filed a Complaint against me personally on XXXX XXXX, XXXX, on a business debt of {$20000.00} for a defunct LLC of which I was a member. During the litigation, I discovered that XXXX did not retain JBR. Rather, XXXX XXXX XXXX XXXX XXXX ( XXXX ) did. Since XXXX is domiciled and licensed to practice law in George, it retained JBR to do its dirty work. Because XXXX was not JBR 's client, JBR stonewalled my discovery efforts and would not produce the records I requested which would conclusively demonstrate that this account was not a personal debt. In spite of that, XXXX could not prevail when it filed its motion for summary judgment. The court found that the affidavit filed was deficient. Subsequently, XXXX made a settlement offer where it would dismiss the Complaint with prejudice and JBR assured me that XXXX would remove the derogatory reporting with all XXXX major credit reporting agencies. Also, I knew that a dismissal with prejudice would require XXXX to discontinue the reporting in accordance with the FCRA. The court entered the Agreed Order on XXXX XXXX, XXXX.
About a month later, I figured that XXXX would have stopped reporting on this account and I viewed my credit report with all XXXX agencies. XXXX was continuing with the derogatory reporting. I disputed the entries for three months. Each time, the credit reporting agencies confirmed the entries. I sent an e-mail to XXXX XXXX, JBR 's attorney whom I had dealt with on this issue. He responded that he would contact his client. Thirty days later, I checked my credit reports and the reports were continuing. I got back with XXXX XXXX again. He said that he was waiting for his client to get back with him. This happened for another three months, at which time I decided that XXXX XXXX would do nothing about this violation of the FCRA.
Because I already knew that XXXX was really XXXX 's client, I called XXXX in XXXX XXXX. They committed to get back with me within three days. A day later, I received an e-mail from XXXX XXXX telling me that his client just got back with him and he would send me an agreement to sign, then XXXX would stop reporting. I told him that I had n't developed amnesia and he should acknowledge that his client got back to him only because I contacted XXXX. I told him that I hoped there is no clause that would cause XXXX to issue me a XXXX the following XXXX. XXXX XXXX, the attorney, conveniently became incompetent. He said that all he knows is that if I sign the agreement, the reporting would end even though I knew that the Agreed Order robs XXXX of the benefit of reporting because of the FCRA.
Sure enough, not only did the agreement allow XXXX to issue a XXXX to me, XXXX in fact issued that XXXX in XXXX XXXX. How can a debt that does not exist be cancelled? I went back to XXXX again. They told me to contact XXXX regarding the XXXX and JBR regarding everything else. I contacted XXXX. They told me that XXXX is their lawyer and is the only party that can resolve this issue. I do n't know who is whose client or who the real lawyer is. Because XXXX XXXX was having problems navigating this issue, he elicited the assistance of a partner at JBR, XXXX XXXX. XXXX XXXX and XXXX disclosed that XXXX XXXX was not licensed to practice law in Kentucky and would like to help resolve the issue if I was agreeable to it. I was. I demanded that the XXXX be withdrawn or XXXX reimburse me for my tax liability associated with filing the XXXX. I computed the value of the tax due attributable to the XXXX to be {$5800.00} ( Federal XXXX and {$1100.00} ( state ). XXXX XXXX dragged out this issue for months and eventually offered me {$5000.00} to sign the agreement. I declined it in XXXX XXXX. I disputed the XXXX when I filed my tax return. JBR, XXXX, and XXXX have refused to resolve this issue.
| Company | Javitch, Block & Rathbone LLC |
| Complaint ID | 1364080 |
| Date Received | 05/06/2015 |
| Product | Debt collection Credit card |
| Issue | Cont'd attempts collect debt not owed Debt is not mine |
| State/ZIP Code | KY 400XX |
| Consumer Consent | Consent provided |
| Company Public Response | Company chooses not to provide a public response |
| Company Response To Customer | Closed with explanation |
| Submitted | Web 05/06/2015 |
| Result | Timely Response: Yes, Consumer Disputed: Yes |
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