In 2006, I was contacted by Capital Recovery regarding monies owed by the HUD referencing a prior mortgage. They asked for several pieces of paperwork which I provided and they claim I never did. In 2011, after multiple phone calls and, I informed them I no longer wished to use their service as I had already provided the paper work they requested. Since they could not locate it, they claim they could not process the request for refund.
In 2011, one of their staff members called me and I informed her I was no longer interested in doing business with their company, they had failed to perform the services agreed upon under the contract. I resented the statements that it was because I had not sent them the paperwork, I returned all the initial paperwork as requested, I did not return it every time they requested it - it is their job to manage the paperwork received.
In 2012, I hired another entity who acquired the refund in less than 1 month, whom I happily and willingly paid for their services. I then received a bill from Capital Recovery demanding payment of their commission for obtaining this refund.
I spoke with Ms. Madsen at length and explained that, after 5 years where they were unable to acquire process the paperwork, I certainly did not feel demanding payment was reasonable or appropriate. She claimed they did the work and yet repeatedly stated they did not receive the notarized letter from me - in essence acknowledging they could not process the refund request. She stated they repeatedly attempted to contact me to no avail and hence it was not their fault.
But they failed to process the information the first time I sent them the paperwork regardless of their claims to the contrary. I can't say if they were lost or simply misplaced, but the reality is they did not successfully perform the services for which they desired to be paid.
I was able to speak to Ms. Madsen and her answer was that under Utah law, I could not cancel the contract after 5 years of non performance, that I only had 10 days under Utah law to cancel said contract (I live in Georgia). I was polite to her (as she was to me) and repeatedly explained that I did not feel they provided the service.
I offered to provide proof another entity had processed the paperwork that resulted in my refund, which as stated above, she acknowledged she could not and blamed on me. I even offered to make a partial payment for the "efforts" they had extended in the past. She refused and demanded full payment - which was made the the entity who actually managed to process the forms correctly.
I am not a deadbeat attempting to get out of paying what is owed - I in fact paid the person who actually managed to do the work. I simply do not feel I should pay for a service that was not provided.