3 years ago, we purchased a water softener system and receiving financing through Aqua Finance. Approximately 2 years ago, we defaulted on our contract and were sued. Judgment was entered against us 1.5 years ago.
From the month that judgment was entered against us, we submitted to Aqua Finance a repayment plan, to which they never responded. We immediately began making payments under our proposed payment plan, exceeding our original payment plan, and to date have not missed or been late on one payment since initiating the repayment plan.
Today I was contacted by an attorney's office representing Aqua Finance stating that they had a judgment and wanted to make payment arrangements. I explained to the attorney's office that I was making payments to Aqua Finance and he stated that he does not have any record of payment for 1.5 years (since the judgment). Clearly I have proof through my canceled checks that payment has been received, and I've also received confirmation directly from Aqua Finance in the form of letters stating they've received my monthly payments.
I suggested to the attorney's office that he contact his client for proof of my payment history and he told me it was my burden to prove I've been paying. I explained that my obligation under the judgment is to repay Aqua Finance and that is where my obligation ends. He said he would initiate garnishment proceedings since i'm not paying. I reiterated that I am paying and have been paying and he told me that I need to provide him proof. We went back and forth for some time until he became very belligerent and eventually hung up on me.
I immediately called Aqua Finance and spoke to a representative. The representative told me that she cannot discuss my account with me and that I would need to speak to their attorney. I explained that I have tried to but that he refuses to contact you and that you need to provide proof that I'm paying. I requested a full accounting of my history and she stated she would mail it to me. I asked her to provide to me the name and address of the attorney and she said she did not have that information available to her. When the attorney's office contacted me, they had blocked their number.
My frustration with Aqua Finance is their obvious complete disorganization with collection accounts and their practice of contracting with attorneys and agencies who resort to bully tactics in an attempt to collect on their accounts. While I'm an exception (as I am paying on my account per the judgment), how many others are out there experiencing this clear violation of their rights under the Fair Debt Collection Practices Act? I fully intend to file complaints with the Consumer Protection Division of the district attorney's office against both Aqua Finance and the attorney representing them as well as with the Kansas Bar Association.
My advice - stay away from Aqua Finance. They're unscrupulous and have extremely poor business standards. Perhaps we'll soon see them on Capitol Hill asking for a bail out.
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