Consumer complaint received 2018-07-31
Company: Data and Contact Management Solutions, LLC
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
My husband died in XX/XX/XXXX. About a week later I called numbers on credit cards to cancel accounts and inform of his death. I was not aware that spouses are not personally responsible. When I spoke to XXXX XXXX, the rep asked me if I planned to pay off the balance during our call. I said I had not seen a current statement and would not do so until that time. I was waiting for an airline to refund ticket he purchased for a trip in XX/XX/XXXX and wanted to see that it had been done. In the meantime I got three calls asking for " the person handling the affairs of '' my husband. The caller left a number but did not identify herself as a representative of DCM. I searched the phone number online and found out that way. I ignored the calls because I had been paying all bills that came through the mail or online. I had to call XXXX XXXX about the airline ticket and was then told they had turned the account over to DCM. I still had not received a statement, but I did get a letter from DCM dated XX/XX/XXXX. It was addressed to the estate of my spouse.. It stated that he owed {$5300.00} to XXXX XXXX. It stated that family members were not responsible for personally paying the debt of the decedent. I was surprised by that. I called on XX/XX/XXXX and spoke to XXXX. I first told her that I did not appreciate that reps did not reveal that they were with DCM who was representing XXXX XXXX when they called. Next I asked why if I was not responsible for paying this, was I getting this letter? ( I now also wonder why XXXX XXXX asked me if I was going to pay the balance when I closed the account? ) XXXX of DCM,  said that though I was not responsible, if he had things in his name only such as property or a vehicle, or had insurance then the estate was responsible. I said that he did have life insurance, so I would be able to pay the debt. I said this not knowing that it was not my responsibility to use insurance money and of course, I was not corrected. I did say that I first needed a statement. I did receive statements, saw the airline ticket was refunded and sent a check to pay the balance in full to DCM. In XX/XX/XXXX I learned through casual conversation with someone, that as the widow I did not need to use insurance money to pay that debt. I was misled. I called the law office who wrote our wills. They confirmed that I was not responsible and that insurance money is not considered part of the estate but they did not suggest any recourse. I want other spouses to know this. I don't know why lawyers don't give you a heads up about that law. Spouses experiencing such a tragedy don't always think to ask the right questions. We need support. Disappointed in the law office, I decided to call XXXX at DCM on XX/XX/XXXX to plead my case. She listened, then asked if I could be put on hold. When she came back she asked what I hoped to resolve with the call. I said that the only personal property in my husband 's name alone was his vehicle. I said that I felt misled by them and XXXX XXXX about using my insurance money to settle the debt and to be fair I'd like to be reimbursed minus the value of the truck based on an offer that I was given. It is a XXXX XXXX XXXX truck with 130,00+ miles on it in " fair '' condition. She said that she needed to talk to a manager to see what they could do. She took my number and said she would return my call. In the meantime I am also writing a letter and sending DCM a copy of the offer and contact information for the dealer. I acted in good faith by calling them when I got the letter. I wanted to understand what it meant. Unfortunately, I was trying to deal with the necessary things after the sudden death of my XXXX year old husband while I was not of clear mind. It is a traumatic event and I was trusting the people I was dealing with to be forthright. I am filing this complaint to have a formal record of my attempt to resolve being, in my opinion, mislead about using a life insurance claim to settle the debt.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with monetary relief