ComplaintsforCooling & Winter LLC

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Initial Complaint
06/20/2024
Complaint Type:
Billing Issues
Status:
BBB unable to locate business
BBB is unable to locate the business.
A ******* judgment was entered in by **** of America who was represented by Cooling Winter law office who is now ***** &McDaniel. My daughter *************************** was the person the judgement was to. We set up payment plan for ****** a month until judgment was paid. May 2024 BOA sent notice the payment was paid in full. I con tacted *************************, at CW/ Ll Mc. She agreed ****** was taken in June, I asked that my account be refunded. To no avail, sent 3 emails to ******************* &McDaniel he has not responded either. Called and left several voicemails to **************** no response Please all I want is my ****** refunded back to my account. Thank you
Initial Complaint
10/19/2023
Complaint Type:
Billing Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
Unlawful practices for debt collection
Business response
10/23/2023
Dear *************************,
Thank you for allowing us the opportunity to respond to your concerns. We have reviewed our file and have not found any evidence of unlawful debt collection practices as you allege. Your request for no further contact has been noted, and we will not contact you further unless you request us to do so or if required by law. We appreciate your attention to this matter and invite you to contact us if you would like to discuss further.

Sincerely,

Cooling & Winter LLC
Initial Complaint
10/10/2023
Complaint Type:
Service or Repair Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
Cooling & winter served me with papers for a creditor **** of America. Last I knew I was under a hardship suspension of payment from **** of America due to loss of a job form an injury. **** of America did not notify me anything different. When I was served I contacted cooling & winter and offered a $20 a month payment and was advised that was below there minimum acceptable. They informed me I had an auto loan in good standing and if I can pay that I can pay them. I don't pay that auto loan . I signed for it for my underage son to buy a car. He pays that bill. I am disabled and pending disability . I tried to resolve with what I can do $20 a month. They declined. They obtained a judgment. Now they robo call me and hang up when I answer. I spoke with *************************** and said I tried to resolve before a judgment and you were not willing to work with me, so please leave me alone. She passively threatened garnishment and property collections. I advised south carolina doesn't allow that. She replied we will see. They called today at 8am woke me up and hung up when I answered.
Business response
10/19/2023
Thank you for allowing us the opportunity to respond to your concerns. We are sorry to hear that you are experiencing financial difficulties and are committed to working with you to reach a resolution that works best for your situation. Our office does not perform robo calls as you referenced, and our file does not reflect any incidents of our agents hanging up on you as referenced in your complaint. Our records reflect that an agent from our office spoke with you on August 4, 2023 and on September 11, 2023. If there are times that are inconvenient for you to receive calls, or if you would like to request that we not call you anymore at all, please let us know and we will honor your request. We hope this message resolves your concerns and please feel free to contact us toll-free at ************ if you would like to discuss further.

Sincerely,

Cooling & Winter LLC
Initial Complaint
10/02/2023
Complaint Type:
Billing Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
Awhile back I received a letter concerning a debt; so I called them to make arrangements to pay this debt off. Then I later received an agreement letter in the mail. But a little later I had a couple of family members who passed away which caused me to travel over 12 hours away on 2 occasions. I called to let them know if I could pay at a later date and explained to this horrible company about the deaths in my family and the traveling being a financial hardship on me. I was told I could pay at a later date. So when I was able to pay, I sent in a payment. I was about to send in another payment for this month, but they garnished my checking account, not my paycheck. My account is in the negative $4,000 +. I never received any letter nor certified mail stating their intents.
Business response
10/04/2023
Dear *******************************,

Our office represents the Plaintiff in Liberty County ******* Superior Court civil action file number 10V793JS, and our records reflect that you were served with the summons and complaint in that matter on or around May 6, 2010. A judgment was entered against you in that case on September 2, 2010, which authorizes post judgment legal remedies, such as garnishment. Our records reflect that we spoke with you on June 19, 2023 and agreed to a payment plan, but that you failed to pay as agreed, which resulted in the garnishment filing. We followed controlling Georgia law applicable to garnishments, which requires notice of garnishment to be mailed to you after filing, rather than prior to filing the garnishment. Our records do not reflect any conversations with you surrounding the deaths in your family or your inability to pay. Please note that we are committed to resolution of claims prior to garnishment, but only one payment in the amount of $100.00 was received toward this matter in the 13 years since judgment was entered. We hope this information resolves your concerns and we invite you to contact us toll-free at ************** if you would like to further discuss resolution options.

Sincerely,

Cooling & Winter LLC
Customer response
10/04/2023

Complaint: 20684316

I am rejecting this response because: I wont even respond to a judgement you claim that was sent to me in 2010 because it makes no sense. You waited 13 years to garnish my checking account says a lot about your business practice. And I find it funny, weird to see a certified letter from your office coming to me after I called you guys and complained. You should have sent that certified letter before the garnishment. You are unprofessional and wrong. I have phone records concerning calling your business in reference to my family members passing away. You guys are terrible and kick people when they are down. One day someone will *** you guys. Please look at the reviews. Im not the one who has 1.2 reviews. Very sad. Im happy and at peace. You guys will not prosper.

Sincerely,

*******************************
Business response
10/13/2023
Dear *******************************,

Our records reflect that our office followed controlling ******* law with respect to the garnishment filing in this matter and that we sent you multiple letters seeking to resolve in the time since judgment was entered against you. We offer our condolences for your familys loss and hope that we are able work together toward resolution of this matter, if it is not resolved in full with the pending garnishment.

Sincerely,

Cooling & Winter LLC
Customer response
10/13/2023

Complaint: 20684316

I am rejecting this response because:

Sincerely,

*******************************
Initial Complaint
09/06/2023
Complaint Type:
Service or Repair Issues
Status:
Resolved
The complainant verified the issue was resolved to their satisfaction.
*************************** disconnected the line as I was speaking and it is nearly impossible to speak with him when I call in. It normally tells me the line is too busy.They lied in the new order.They sent me a paper signed by the judge telling me that only $75.00 from the amount garnished would be held from each pay period and all funds in excess shall be returned back to the defendant (me). I called today and he advised that I would not be getting any refund from them and that my employer should have the funds. I told him that is not correct because he told me that i owed a $1000 plus (unsure of exact amount) but the letter says I owe $2723.26. He says he sees funds were applied. I asked would they be refunded. He said they are not able to issue any refunds to me and that the court order takes a few weeks to process. So I asked basically the court order is useless because if I only owe a $1000 then in a few weeks that would be paid off and he disconnected there. They just used this order to get me to drop claim and place more fees on me. This is unbelievable.
Business response
09/13/2023
Dear *******************************,

Thank you for allowing us the opportunity to respond to your complaint. We have reviewed your complaint with our client, Capital One,and agreed to refund the garnished funds in excess of $75.00 to you as you requested. We have received a total of $1,504.39 in payments from the garnishee to-date, therefore we will issue you a refund in the amount of $1,429.39. We will mail a check to you at the address you provided, ****************************************************** Once we issue this refund to you, your new outstanding balance will be $2,565.26. The order issued by the Court states that the negotiated bi-weekly future withholding amount of $75.00 is effective as of August 29, 2023, therefore,your employer should observe this effective date. We apologize if you have experienced technical difficulties when calling our office, but please rest assured that we are committed to working with you to resolve this matter. Please feel free to contact us at ************ if you would like to discuss further.

Sincerely,

Cooling & Winter, LLC
Customer response
09/13/2023

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ******** to issue the refund, and find that this resolution is satisfactory to me.

Sincerely,

*******************************
Initial Complaint
08/23/2023
Complaint Type:
Order Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I was notified by my mom that I received a letter at her home stating I had been served by Cooling & Winter for a bad debt with ************ That was completely false considering I have been an assignment in ** for almost a year now. Per my mom they have attempted to serve me on maybe 5 separate occasions. 3 with a white female, law enforcement and a black male. The letter was received after the black male attempted to serve me. Each time my mother and stepfather advised them I do not live there and have never resided there. The police officer gave my stepfather the paperwork anyway. I'm assuming this is the fraud they use to say someone has been served. My mom went to Gwinnett County courts to pay per there letter and was advised the case was dismissed. Either way I have been reaching out to them to get an official 1 payment settlement offer letter instead of a false blanket letter and have yet to receive a response. I would appreciate all your help with this matter.
Business response
08/31/2023
Dear ****************,

Thank you for allowing us the opportunity to respond to your complaint. Our records reflect that attempts to perfect service of process in the civil action you referenced were made in accordance with applicable court rules and civil procedure. However, we have confirmed that the action was dismissed due to inability to perfect service. Our records reflect that you discussed resolution of this matter over the phone on 8/23/2023 with an agent from our office and we look forward to working with you to resolve. Please feel free to contact us toll-free at ************** if you would like to discuss further.

Sincerely,

Cooling & Winter LLC
Initial Complaint
08/17/2023
Complaint Type:
Billing Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
Dear COOLING & WINTER, LLC, I am writing to you today to express my serious concern about the evident violations of the Fair Debt Collection Practices Act (*****) that I have experienced due to the actions of your company. Specifically, you have violated codes. 15 U.S. Code ****b 15 U.S. Code ****e (3) 15 U.S. Code ****j (b) 15 U.S. Code ****f (7) 15 U.S. Code ****e (10) 15 U.S. Code ****e (13) 15 U.S. Code ****i (b) 15 U.S. Code ****f (1) Enclosed, you will find evidence of these violations, along with an invoice and a detailed affidavit outlining these infractions. Furthermore, your dated letter serves as a clear example of your agency's negligence toward ethical and legal obligations. I demand your prompt action to address these matters, as they not only highlight your agency's lack of competence, but also a concerning disregard for consumer rights. Your actions have caused me to suffer significant harm, including emotional distress, damage to my reputation, and derogatory marks on my consumer report. This is unacceptable, and I demand that all derogatory marks are immediately removed from my consumer report. Furthermore, I demand that you pay the attached invoice for the cost of the harm caused by your violations. Your failure to comply with these demands will result in further legal action against your company to uphold my rights. I want to emphasize how seriously I take this matter, and how deeply disappointed I am that your company would violate such important regulations. The ***** exists to protect consumers from harassment, abuse, and other unfair debt collection practices.I urge you to take immediate action to rectify the situation, and to ensure that similar violations do not occur in the future. Please respond to this letter promptly with your plan for addressing these issues. I expect a response no later than August **, 2023.Sincerely, XXXXXXXX CC: ************ N.A. c/o ************************* (CSC)
Business response
08/29/2023
Dear *******************************,

Thank you for allowing us the opportunity to respond to your complaint. Our office has been retained by ************ N.A. to recover the past due balance of your credit account. Capital Ones record reflect that your account was opened on January 5, 2014, your last payment in the amount of $50.00 was received on April 9, 2022, and your account charged off due to non-payment in November 18, 2022. We have reviewed the ***** violations you have alleged, and we deny each allegation. Capital Ones records reflect that the debt is valid and remains owing and past due. Our records do not reflect any ***** violations since we began servicing your account on behalf of Capital ********** ********************* Ones records reflect that they are reporting your debt accurately to the credit bureaus. Further, our office does not report to credit bureaus at all. We hope this information resolves your complaint and we remain open to discussing resolution options with you. Please feel free to contact our office toll-free at ************ if you would like to discuss further.

Sincerely,

Cooling & Winter LLC
Customer response
08/31/2023

Complaint: 20482748

I am rejecting this response because:
As stated in your company's response. *********** N.A. retained your business, therefore, how can such alleged debt be collected by a party in which is not the original creditor? If the alleged debt is in fact due, payments to a third party would be inaccurate as the contract would be between the consumer and original creditor, therefore, continuously breaking further FCRA laws. As it appears your company as denied ownership of the violations, I will have no choice but to take matters further to continue to uphold my rights. I have a substantial amount of evidence in addition to the proof that was sent to your company (tracking number 9214890142980487200796).

Sincerely,

*******************************
Business response
09/06/2023
Dear *******************************,

Thank you for allowing us the opportunity to respond to your complaint. Our office has been retained by ************ N.A. to recover the past due balance of your credit account. Capital Ones record reflect that your account was opened on January 5, 2014, your last payment in the amount of $50.00 was received on April 9, 2022, and your account charged off due to non-payment in November 18, 2022. We have reviewed the ***** violations you have alleged, and we deny each allegation. Capital Ones records reflect that the debt is valid and remains owing and past due. Our records do not reflect any ***** violations since we began servicing your account on behalf of Capital ********** ********************* Ones records reflect that they are reporting your debt accurately to the credit bureaus. Further, our office does not report to credit bureaus at all. We hope this information resolves your complaint and we remain open to discussing resolution options with you. Please feel free to contact our office toll-free at ************ if you would like to discuss further.
Initial Complaint
08/11/2023
Complaint Type:
Customer Service Issues
Status:
Resolved
The complainant verified the issue was resolved to their satisfaction.
I am not liable for this debt with Capitol One, I do not have a contract with ************************* they did not provide me with the original contract as I requested.
Business response
08/16/2023
Thank you for allowing us the opportunity to respond to your concerns. Our office was retained by *********** on July 31, 2023 to collect the past due balance of your credit account that was opened on October 5, 2021 and charged off due to non-payment on February 14, 2023. Please note that we have not purchased your debt and we are not your creditor. Rather, we serve as legal representatives for your creditor, ***********. We have escalated your complaint regarding your liability for the debt and credit reporting to *********** for further investigation. Additionally, we have requested a copy of your application, which will be mailed to you under separate cover if available. You will receive a written response from *********** via US mail. We look forward to working with you toward resolution of this matter.

Sincerely,

Cooling & Winter LLC
Customer response
08/17/2023

Better Business Bureau:

I have reviewed the response made by the business in reference to complaint ID ********, and find that this resolution is satisfactory to me.

Sincerely,

***********************
Initial Complaint
07/28/2023
Complaint Type:
Service or Repair Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
The problem is the garnished my wages without notifying me. They have an address I moved from in 2018 and when I told them that they told me it if my responsibility to update the postal service. The postal service was updated in 2018 but it is now 2023 and they dont continue to forward mail 5 years later. I advised I was the head of household she was basically told oh well. I asked for a payment plan at a lower rate and was declined. They mailed an address I stayed at 3 address ago and that is unjust. They are a law firm and could have easily gave performed a skip trace but they are practicing shady practices.
Business response
08/04/2023
Thank you for allowing us the opportunity to respond to your concerns. Our records reflect that we complied with applicable garnishment rules by mailing the garnishment notice to your last address on record in the civil action. We are unaware of any rules that suggest utilizing skip trace options, as you suggested, in lieu of the address on record for a party. We are open to discussing monthly payment options that work for your budget. Please feel free to contact us at ************* to discuss resolution options with a representative.

Sincerely,

Cooling & Winter LLC
Customer response
08/04/2023

Complaint: 20388117

I am rejecting this response because:
I called and spoke with *************************** and he said that I am not eligible for a payment plan even though I told him I was offered one. He offered to transfer me to his supervisor at x3282 but he did not respond to my previous voicemail. Why offer something and not honor it.
Sincerely,

*******************************
Business response
08/09/2023
Thank you for allowing us the opportunity to respond to your concerns. We have updated our records to reflect that your file is eligible to negotiate a monthly payment plan amount with you. Please feel free to contact us at ************** to discuss details. If an agent is not able to assist with your request, please reference this response and escalate to a manager. We look forward to working with you to resolve this matter.

Sincerely,

Cooling & Winter, LLC
Initial Complaint
07/02/2023
Complaint Type:
Order Issues
Status:
Answered
The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.
I *****************************, not liable for this debt with spirit and do not have a contract with Cooling & Winter, LLC. They dont provide me the application like I asked.
Business response
07/10/2023
Dear *****************************,

Thank you for allowing us the opportunity to respond to your concerns. We have been retained by ************ N.A. to recover the past due balance of your credit account. Please note that we do not own your debt, we are not the original creditor, and do not report to the credit bureaus. Rather, we serve as the legal representatives for the creditor,************ N.A. You may contact ************ N.A. directly with any credit reporting concerns. We have requested a copy of your application per your request and will mail it to you upon receipt. We appreciate your attention to this matter and please feel free to contact us toll-free at ************* if you have any additional questions or concerns.

Sincerely,
Cooling & Winter LLC
Customer response
07/10/2023

Complaint: 20265975

I am rejecting this response because once you reached me for settlement . Reach out to original creditor which you have delt with before and report that to be deleted.

Sincerely,

*****************************
Business response
07/17/2023
Dear *****************************,

We appreciate your follow-up comment, however, we are not able to fulfill your request to delete this item from your credit report. We remain open to discussing resolution options with you. Please feel free to contact us toll-free at **************.

Sincerely,

Cooling & Winter LLC

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