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At 5:03 pm March 9, 2010, I contacted Gamache & Myers (G&M) about my account. I had received notification that I should receive my tax refund on March 19th. I wanted to see whether or not the settlement agreement offered on my account could be extended until receipt of my refunds. I spoke with Matt who calculated a new settlement agreement amount. However, he said the only way it could be agreed to was if I gave him my bank information then so that they could process a check payment electronically. I told him I was extremely uncomfortable doing that, as I had no guarantee the funds would be deposited on that date, and I didn't want a bounced check charge if the funds were not deposited. He assured me that they would be if that was the projected date, and that G&M also didn't want a bounced check. If there was any problem, I could contact him. He said it was the only way I could take advantage of the settlement offer, and further assured me that the funds wouldn't be withdrawn until Monday the 22nd.
By close of business on the 19th PST (my bank is on the west coast) only the federal refund had been deposited, not the state, so there was not enough money to cover the payment. As G&M was closed, I tried calling the next afternoon at 3:11 pm, 3/20/10. Apparently, G&M isn't open on Saturday, so I left a message to make sure they would know first thing Monday morning and the payment could be stopped.
At 8:16 Monday morning 3/22/10, I called G&M, was told Matt was on another call. I left a message on his voice mail. When I finally called again spoke with Matt at 12:19, he told me the withdrawal had already been processed and there was nothing that could be done to stop it. in fact, he informed me that had I called Friday, it was unlikely the withdrawal could have been stopped since G&M processed the paperwork on Thursday so the withdrawal could take place at 8:00 am the following Monday.
When I stated that was NOT the agreement, he literally laughed at me saying he couldn't believe I didn't realize banks weren't open on the weekend and that it wasn't the responsibility of G&M to notify me of that fact.
When I got off the phone, I dispatched a letter to to Donald Tippett, partner of G&M documenting the above details. To date, I have received no response.
At 2:12 pm on Wednesday, March 31st, I contacted Matt with G&M to let him know my state refund had been deposited and it was OK for them to go ahead and process the electronic check. At that time, he stated that it wouldn't be run a second time since it didn't clear the first time. He said that my only option was to contact my bank and have them send a check. Again, I stated my discomfort with that arrangement -- especially in light of the fact that the first time he had made assurances to me, they proved false. I told him I didn't want to contact my bank and have a check sent, only to have them re-run the electronic check and overdraw my account a second time. Again, he assured me that wouldn't happen. That they would not run the electronic check a second time and that in fact, they couldn't accept a check from me at all since the first one hadn't cleared, they would only accept one directly from my bank.
At that time I said I would be EXTREMELY angry if he was lying to me again but agreed to contact my bank as soon as I got off the phone and have a check sent. Again, I kept my end of the bargain. A check was cut from my bank and sent to G&M. My statement clearly shows the funds being withdrawn on March 31, 2010 as agreed.
Today, I received a letter from G&M dated April 6 stating that the second attempt to run my electronic check failed due to insufficient funds. This is the transaction I was assured by Matt would NOT occur, and the only reason the funds weren't available is because a check had already been sent directly from my bank to them.
I called Matt at 3:57 pm today, April 9th asking why they had processed the electronic check a second time when he assured me that they wouldn't. He denied ever stating that and frankly told me that if I had paid my debt in the first place, we wouldn't be having this discussion.
Frankly, I know that I am not the only person who has suffered in the current economic climate. The point is, I am trying to do the right thing and catch up on my debts. How many people spent their tax refunds on themselves instead of trying to get back on their feet? Not only have I suffered from the downturn in the economy, but I had 5 separate plumbing leaks which resulted in water bills totalling $200+ for several months, a faulty HVAC unit which resulted in $400+ electric bills for several months, a car crash which totalled my vehicle, a separate near-fatal crash that landed my disabled sister whom I care for in the hospital for 6 weeks, and I care for my 83 year old mother with Alzheimers and I'm a single parent to an 18-year old who may not get to go to prom this year because I was doing the responsible thing and paying off debts and now have an additional $46 in NSF fees from my bank because Matt at G&M lied to me not once, but twice, belittled and humiliated me, and treated me like a deadbeat.
What I'd really like to do is sue for emotional damages, but I don't believe in our overly litigious society -- though instances like this make me understand where that comes from. All I want is my $46 back and to warn people to be very careful when dealing with Gamache & Myers who obviously don't care about the people on the other end of the phone.
Thanks, Reverend Chance. BTW, I do have an update. After posting my complaint here and on various other consumer complaint boards, and contacting both the Arkansas and Missouri Attorneys General (which you can easily do on the web), I DID receive a check from G&M reimbursing me for my bank charges. I felt like David overcoming Goliath! My advice for anyone facing a situation like this is to not just lay down and take it. You have rights, and they have rules and regulations they have to follow. If they step out of line, call them on it.
Good luck in court on the 12th!
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Received phone call from Gamache & Meyer approximately the week January 9, 2012, was told I had an outstanding debt with Capital One. I was unaware due to the fact that I had not received any correspondence from Capital One or Gamache & Myers and still haven’t up to this day, January 31, 2012. I responded that Capital One has not sent me anything and that I didn’t owe “him” anything, I would be paying Capital One. He proceeded to start yelling at me telling me that I “will be paying him” and that I “owe him”. I told him if he was going to talk to me like that he is to never call my house again. I attempted on many different occasions to contact Capital One but was told each time that the CSR did not have access to my information and that I would have to call a different department which closes at 5 PM, Due to the fact I am at work during those hours I was unable to speak to anyone directly in that department to arrange payment.
January 31, 2012, papers were served (left on my front porch, in the open). I contacted Capital One while I was at work and was finally able to speak to someone in that department was was told I was no longer able to make a payment to them. I contacted Gamache & Myers and was told the amount I owed them which is a lot more than I owed Capital One. I was given options for payment. I then ended the call and looked Gamache & Myers up on the internet and read about some similar complaints. I contacted Gamache & Myers to attempt to obtain validation of the debt and something that showed where all the extra fees were coming from and I was told by an extremely rude employee that they didn’t have to give me that info. I stated that in fact they do and the employee began to yell at me, he started shouting that they do not have to provide me with said information and that I would have to wait for court to ask for it. He then began shouting and asking if I was refusing to pay the debt, I replied I never said that I was just asking for proof of my debt. He proceeded yelling and asking that same question at least three more times. I responded again by saying I never said that. He then shouted into the phone to “never call this office again”
To this day, I have NEVER received any mail correspondence from Gamache & Myers informing me of this debt.
March 16, 2012: I tried calling today to make a payment and was asked 3x if I had a lawyer or third party representing me. I answered no each time. I was asked if I wanted to have statements sent to my house and I answered yes. I was then asked if the number I called from was a good number to contact me, I responded no and that I preferred to be contacted via mail. He then stated that " You are making a payment over the phone but you do not want us to call you at this number" I responded no and the then told me mail my payment in. He refused my payment! Then he hung up on me.
I honestly feel so bad for you! NEVER TRUST DEBT COLLERTORS OR THE LAYWERS THAT REPRESENT THEM! I am being sued by LVNV Funding, and G&M is their Attorney. The more you read about them the more you will think twice about doing the "RIGHT" thing when it comes to those bottom feeders.
I have court the May 12th and see how it goes!