Thursday, April 29, 2010

Debt Collector Patenaude & Felix Allegedly Ruined Family's Opportunity to Refinance Mortgage

Media, Pennsylvania, April 29, 2010 - A Harrisburg-area woman accused the debt collection law firm, Patenaude & Felix, A.P.C. of Carnegie, PA and San Diego, CA, of unfair debt collection tactics when it attempted to collect an alleged Target National Bank consumer credit card account. Her accusations are found in a lawsuit she filed in the Middle District of Pennsylvania alleging Patenaude and Felix violated the Fair Debt Collection Practices Act (FDCPA). The consumer asked the Court to enter a judgment against Patenaude & Felix and for her statutory damages, actual damages, attorney’s fees, and costs.

According to the lawsuit, Patenaude & Felix was able to secure a collection judgment against the consumer on behalf of Target. The consumer learned of the judgment when she applied to refinance her mortgage. If the refinance went through, her family would have been able to save tens of thousands of dollars in reduced mortgage payments due to a lower interest rate. When the consumer attempted to resolve the judgment, Patenaude & Felix deceptively changed the settlement terms, called her vicious names, and screamed so loud, it injured her eardrum. Even after the consumer paid an agreed settlement amount, Patenaude & Felix still refused to treat the judgment paid causing the consumer to be unable to refinance her mortgage.

Although the consumer denied owing any money to Target, there was no time to refuse payment as the judgment prevented closing on the mortgage refinance. According to the Complaint, the consumer contemplated dealing with the judgment after it was reported paid and the refinanced loan closed.

"Never trust a debt collector," her attorney, Joseph A. Mullaney, III, opined. "If you think you have an agreement with a debt collector, you must reduce the agreement to writing," Mullaney cautioned. If a debt collector will not provide a consumer with an agreement in writing, the consumer can document the agreement in writing and condition any payment on the terms found in the consumer's written document. "It's a two-way street when it comes to agreements," Mullaney said. "However, it is always best to see if a Consumer Rights Attorney will help you draft the agreement," he finished.

If you are a New Jersey or Pennsylvania resident in need of the professional assistance of a Consumer Rights Attorney, visit www.ConsumerLitigators.com for a case evaluation by one of our experienced Consumer Rights Attorneys.

Nothing stated herein may be construed nor is it intended to be legal advice. For legal advice, consult an attorney.

7 comments:

Anonymous said...

This is amazing...this is exactly my story with Patenaude and Felix. Hey do you have an office in California? I could sure use some help! See my blog with regard to the similarities of our stories. EXTREME
Find me at Blogger, whatistherealcost

Anonymous said...

I have the same experience. They are breaking laws, but common people struggling financially can't fight them. I went to court, had my wages garnished, and now after all that they've levied my bank account. I'm late with all my payments and can't buy food for my kids. I thought I had this handled in court in june. They are not a law office. They're a nest of cockroaches, and when the lights come on, they scurry. I'm all for a class action lawsuit, if we had enough people.

whatrthesevulturesupto said...

Those Vultures did the same to me but they waited till thanksgiving and they started to garnish my paycheck 25% of the net needless to say I contacted Target CEO and they said it is out of their hands First there was no thanksgiving no christmas and i am struggling to feed my 4 children and about to loose my home and guess what P & F doesnt care Target doesnt Care DONT SHOP AT TARGET CONSUMERS SPEND YOUR MONEY ELSEWHERE

Anonymous said...

I concur with the previous comments. Maybe the US Attorney general needs to look at their behaviour. They act like lawyers and give the profession their due.

Anonymous said...

It started in 2004, my husband passed away and I knew I wouldn't be able to keep capital one credit cards. I asked for it to be closed and I would pay the balance. ALL HELL BROKE LOOSE! Percentage rate changed to 24% from 12%. Fees began to be added to my account. I cut the cards up and sent them back. Then the percentage went to 29%...more fees. I called, I wrote and the more I communicated with them, the more was added to my account. I stopped paying them. Then Patenaude & Felix, a law firm and Gregg Morris began calling 7 to 12 times a day with threats. I offered to pay a monthly amount, he laughed and continued to threaten me. Then they sued me. I fought them as by now I was only receiving social security and couldn't afford an attorney. It is now 2013 and now they are trying to garnish my bank account which has 11 cents in it. It has been 9 years of harassment. I don't know what else to do. It seems only lawyers seem to be able to break ALL LAWS with no punishment attached.

Anonymous said...

WE NEED HELP! How about a class action suit? Capital One SHOULD pay. The law firm of Patenaude & Felix should be CLOSED and brought up on charges. Gregg L Morris should be disbared. There are enough of us. They also seem to pick on seniors.

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