Dyck-O'Neal, Inc

2015-09-23

Brooklyn, NY

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was paid
Company Response: Company chooses not to provide a public response Closed with non-monetary relief

Disputed: No Timely Response

2015-09-06

Rncho Domingz, CA

Managing the loan or lease

Consumer Loan: Installment loan

Company Response: Closed with explanation

Disputed: No Untimely Response

2015-08-31

Las Vegas, NV

Disclosure verification of debt

Debt collection: Mortgage

Right to dispute notice not received
Company Response: Closed with explanation

Disputed: Yes Timely Response

2015-08-21

South Florida, FL

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt is not mine
Complaint: On XX/XX/XXXX I contacted Dyck-O'Neal in regards to their account # XXXX. In the letter, I explained that the note was a modification of an existing mortgage loan, not a new financial instrument. Further more, I supplied a XXXX clearly showing that the entire balance was charged off and that a Satisfaction of Mortgage was filed on XX/XX/XXXX after the date that Dyck-O'neal states this account was opened. Since my communication to Dyck-O'neal, no satisfactory explanation of how their account is a valid debt has been provided to me. Communication from them has been sporadic at best, with no communication during recent periods of a year or more. Recently, I disputed this account with XXXX credit reporting agencies since Dyck-O'neal decided to start reporting this account as late. The disputes resulted in still no details of why this debt is valid. In a nutshell, this debt was 100 % charged off by XXXX XXXX during a Deed-in-lieu of foreclosure and Dyck-O'neal has no right to attempt to collect on this.
Company Response: Company believes complaint caused principally by actions of third party outside the control or direction of the company Closed with explanation

Disputed: No Timely Response

2015-08-15

Tampa, FL

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was paid
Complaint: Dyck Oneil ( Texas collection agent ) is attempting to collect on a mortgage deficiency related to a foreclosure on my Florida home in XXXX 2014. They have failed to properly validate the debt, including the original credit information, and there was no deficiency judgment on my foreclosure. The final sale and transfer was completed XXXX/XXXX/14 and the one year Florida statute of limitations on any deficiency action has expired. I have contacted them multiple times and they have continued to report this debt, with a new " start '' date on my credit report in violation of the FDCPA. Experian continues to report this date in error and will not remove it without additional confirmation from Dyck Oneil.
Company Response: Closed with explanation

Disputed: No Timely Response

2015-08-10

FL

Disclosure verification of debt

Debt collection: Mortgage

Right to dispute notice not received
Complaint: I had a mortgage foreclosure by XXXX XXXX on XXXX XXXX, XXXX, with a XXXX XXXX, XXXX auction date. Fannie Mae insured the note and paid XXXX XXXX. On XXXX XXXX, XXXX, I received a letter from Dyck-O'Neal Inc. ( DONI ) ) stating the note has been assigned to DONI by XXXX DEFICIENCIES. The letter stated no collection efforts will occur on this account for the next 30 days. The next day, XXXX XXXX, XXXX, they filed a lawsuit for {$61000.00}. On XXXX XXXX, XXXX, I received a summons on this matter with twenty days to respond or be in default. I quickly researched the statute of Limitations ( SOL ). I found out the SOL was five years and therefore the lawsuit was beyond the SOL and did n't apply and I responded to the court as such. In XX/XX/XXXX, The state of Florida changed the SOL to one year. However, all of the old foreclosures within the five years, the Collectors had until XXXX XXXX, XXXX to file lawsuits. Hence DONI filed about XXXX lawsuits in Florida. I still thought I was outside the SOL as the foreclosure took place on XXXX XXXX, XXXX with an auction date for sale on the property set for XXXX XXXX, XXXX. When I looked up the court records I found out the sale was postponed until XXXX XXXX, XXXX, which now put me inside the SOL, hence the lawsuitI researched THE FAIR DEBT CONSUMER PROTECTION ACT ( FDCPA ) and other legal and non legal documents. In the FDCPA I noted many violations. Some of which are Section 809 ( validation of debt ) ( a ) ( 1 ), ( a ) ( 2 ), ( a ) ( 3 ), ( a ) ( 4 ), ( a ) ( 5 ) and ( b ). Section 813 ( Civil Liability ), ( a ) ( 1 ) and ( a ) ( 2 ) ( A ). ( Copies of these statutes are uploaded as attachments ) In The Florida Rules of Civil Procedure ( Rule 1.070 Process ) Item ( j ) states : If the service of the initial pleading is not made upon the defendant within 120 days, the court on its own initiative or upon motion to dismiss the action ... .... In this case the plaintiff was not in compliance. Instead, they returned the summons on the 120th day, XXXX XXXX, XXXX to the court. On XXXX XXXX, XXXX, the plaintiff got a new summons from the court which was served on XXXX XXXX, XXXX. It should be noted the defendant has resided at the same address since XXXX XXXX. DONI has an appraisal on the foreclosed property in an amount of {$210000.00} dated XXXX/XXXX/XXXX. The defendant has an appraisal of {$280000.00} dated XXXX/XXXX/XXXX, prepared by the same appraiser used by XXXX XXXX in order to approve the note. The balance of the note up to Final Judgment of Foreclosure was {$250000.00} plus interest of {$15000.00} and late fees of {$230.00} which equals a total of {$270000.00}, which results in the DONI receiving a value of {$11000.00} in excess of what the defendant owed. In as much as XXXX received property at a value greater than what the defendant owed that amount should be paid to the defendant. On XXXX XXXX, XXXX, the plaintiff reported to the Credit Bureaus ' an Account in Collection in the amount of {$61000.00}. The defendant 's credit score dropped from XXXX ( very good ) to about XXXX ( bad ). This has had a deleterious effect on the defendant in gaining employment, her voluntary community service, difficulty in finding housing and obtaining credit
Company Response: Closed with explanation

Disputed: No Timely Response

2015-08-03

Shalimar, FL

Communication tactics

Debt collection: I do not know

Frequent or repeated calls
Complaint: since XXXX/XXXX/2015 ( DYCK O'NEAL Keeps calling, I get a call everyday to every other day to maybe XXXX days. I have a print out of the phone calls coming in. I have them blocked on phone because it happens so much.
Company Response: Closed with explanation

Disputed: No Timely Response

2015-07-28

Spring Hill, FL

Managing the loan or lease

Consumer Loan: Installment loan

Complaint: We signed an agreement for the Debt Collector DYCK O NEAL. This is handled through there attorney. We have been making payments and are getting a negative report on our credit report. This is not a loan but a debt related to real estate. We feel this account is not being reported correctly.
Company Response: Company chooses not to provide a public response Closed with explanation

Disputed: No Timely Response

2015-07-07

Hollywood, FL

Taking/threatening an illegal action

Debt collection: Mortgage

Attempted to/Collected exempt funds
Company Response: Company disputes the facts presented in the complaint Closed with explanation

Disputed: Yes Timely Response

2015-07-03

Grosse Ile, MI

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was discharged in bankruptcy
Company Response: Company chooses not to provide a public response Closed with non-monetary relief

Disputed: No Timely Response

2015-05-08

OR

Cont'd attempts collect debt not owed

Debt collection: Other (i.e. phone, health club, etc.)

Debt was paid
Complaint: To whom it may concern, This concerns Dyck O'Neal collection agency. In XXXX of 2015 I was told by phone that I was past due on an account. I had become late on monthly payments of {$77.00} to the XXXX XXXX Mortgage XXXX. My past due amount was appx {$2400.00} according to Dyck O'Neal in XXXX of 2015. On XXXX XXXX I made a {$250.00} payment online. The XXXX statement reflected that payment and stated I owed {$2400.00} ( past due ) plus {$230.00} in late fees for a total of {$2600.00}. On XXXX XXXX, 2015 I called Dyck O'Neal to make a payment to be current. I was told on the phone that to become current I had to make a payment of {$1700.00}. I asked several times if this was correct and I was told several times this would bring me current. I made the payment over the phone for {$1700.00}. The XXXX statement reflected this payment but nothing was applied to late fees. The amount owed was shown as {$690.00} plus {$240.00} in late fees for a total of {$940.00}. ( {$77.00} was added to each statement as that was what the monthly payment is suppose to be. ) On XXXX XXXX I phoned Dyck O'Neal and asked how much did I owe to become current. The woman stated {$950.00}. I again asked several times, " will this bring me current ''. Several times she said " yes ''. I made the payment for {$950.00}. The XXXX statement came and it shows that only {$21.00} has been applied to late fees. It states I owe {$77.00} plus {$230.00} in late fees for a total of {$310.00}. Since the XXXX statement which showed that I owed {$2600.00} ( I do not dispute this amount ) I have paid Dyck O'Neal {$2700.00}. They are still asking that I pay {$230.00} late fees. XXXX they have told me on the phone that I am " current ''.
Company Response: Closed with explanation

Disputed: No Timely Response

2015-05-06

Virginia Bch, VA

Communication tactics

Debt collection: Mortgage

Threatened to take legal action
Company Response: Closed with explanation

Disputed: Yes Timely Response

2015-05-01

Temperanceville, VA

Communication tactics

Debt collection: Mortgage

Frequent or repeated calls
Complaint: Dyck Oneal has repeatedly called us and threatened to take us to court over and over again for years. Their collection tactics are abusive. They are still on our credit report without a judgement ... just threats and harassment. Everything has been documented. They have violated FDCPA several times.
Company Response: Company disputes the facts presented in the complaint Closed with explanation

Disputed: Yes Timely Response

2015-04-29

Mem, TN

Communication tactics

Debt collection: Mortgage

Used obscene/profane/abusive language
Company Response: Closed with explanation

Disputed: No Timely Response

2015-04-23

NY

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Complaint: Dyck O'neal inc has incorrectly reported me over 120 days late on an account that should NOT exist in the XXXX place. The account was XXXX on the completion of a Deed in Lieu on my cooperative residence. The Deed in Lieu NEVER occurred. The related mortgage was later satisfied in full via a sale of the property. XXXX of Dyck O'Neal was aware of the failure to close the DIL and still allowed the account to remain open harming my credit. Has has lied to me now on multiple occassions and has failed to have my credit reports corrected.
Company Response: Closed with explanation

Disputed: No Timely Response

2015-03-27

Brandon, FL

Taking/threatening an illegal action

Debt collection: Mortgage

Threatened to sue on too old debt
Company Response: Closed with explanation

Disputed: No Timely Response

2015-02-22

Turlock, CA

Loan modification,collection,foreclosure

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: No Timely Response

2015-01-22

Mc Knight, PA

Disclosure verification of debt

Debt collection: Mortgage

Not given enough info to verify debt
Company Response: Closed with explanation

Disputed: No Timely Response

2015-01-14

Denver, CO

Disclosure verification of debt

Debt collection: Mortgage

Not given enough info to verify debt
Company Response: Closed with explanation

Disputed: Yes Timely Response

2014-12-31

George School, PA

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt was paid
Company Response: Closed with explanation

Disputed: No Timely Response

2014-12-23

Cadillac, MI

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt is not mine
Company Response: Closed with explanation

Disputed: No Timely Response

2014-12-18

Royal Oak, MI

Cont'd attempts collect debt not owed

Debt collection: Mortgage

Debt is not mine
Company Response: Closed with explanation

Disputed: No Timely Response

2014-11-08

Ft Myers, FL

Cont'd attempts collect debt not owed

Debt collection: I do not know

Debt is not mine
Company Response: Closed with explanation

Disputed: No Timely Response

2014-11-05

Phoenix, AZ

Cont'd attempts collect debt not owed

Debt collection: Other (i.e. phone, health club, etc.)

Debt is not mine
Company Response: Closed with explanation

Disputed: No Timely Response

2014-10-30

Bakerville, IL

Loan servicing, payments, escrow account

Mortgage: Other mortgage

Company Response: Closed with explanation

Disputed: Yes Timely Response