Consumer complaint received 2015-12-21
Company: Capital Management Services, LP
State: FL
Product: Debt collection
Sub-product: Credit card
Issue: Disclosure verification of debt
Sub-issue: Not given enough info to verify debt

Complaint:
I had received an unsolicited settlement notice from Capital Management Services XXXX at XXXX XXXX XXXX XXXX XXXX , XXXX , NY XXXX ( XXXX and Reference # XXXX ) dated XXXX XXXX, 2015 for {$330.00} regarding my outstanding debt with XXXX for XXXX XXXX claimed to be {$1000.00}. 

When I realized that I would be receiving funds that would allow me to pay off this debt, I contacted on XXXX XXXX, 2015 the prior collection agency for XXXX that I had dealt with, the XXXX XXXX XXXX, and was informed that they could not assist me to settle this debt as XXXX had recalled this debt from them. XXXX was the first collection agency hired by XXXX that was finally able to provide me with the documentation that I accepted as accurately documenting that the credit card purchases that were the basis of the stated debt were indeed mine. However, XXXX had reassigned this debt to a new collection agency, Capital Management. 

I then called Capital Management the same day and ultimately spoke with XXXX, a supervisor, and I agreed to pay the balance of the credit card charges I had made in the amount of {$640.00}, but none of the interest nor late fees that were assessed that drove the debt up to the alleged {$1000.00}. The amount I agreed to pay was nearly double that of their unsolicited offer of {$330.00}. XXXX then emailed their settlement offer letter to me for the amount of {$640.00} that same day with a deadline of XXXX XXXX, 2015. 

I had certain conditions before I paid off this debt and was informed by XXXX to contact XXXX directly. I was ultimately directed to XXXX 's Internal Recovery Unit ( IRU ) at XXXX and spoke with manager XXXX. I was told to write to XXXX and expect their reply to take 15 - 30 days to process. 

I wrote out these conditions in a letter and faxed it to XXXX at XXXX as directed by their manager XXXX. I was told this fax was not received, so I sent it again on XXXX XXXX. I called XXXX and confirmed it was received on XXXX XXXX. However, XXXX representative XXXX advised that it will take 30 -60 days ( not 15 -30 days ) for a response even thought the settlement offer letter had a deadline of a week later. 

I called Capital Management to advise them of the delayed response by XXXX. While I asked to speak with supervisor XXXX, XXXX XXXX took the call and advised me in no uncertain terms that they would not modify their settlement letter and they would not extend the stated deadline. Note that I have not received any communication from Capital Management since that phone call. 

60 days had elapsed with no response from XXXX. I called their IRU department on XXXX XXXX and spoke with representative XXXX and ultimately spoke with supervisor XXXX. I was informed that XXXX could only accept payment of the outstanding debt in full as this debt was assigned to a XXXX party collection agency. Furthermore, I was informed that only when this debt is returned by Capital Management to XXXX in +/- 200 days, at that time XXXX would be able to negotiate with me. However, there is no way to know when this would occur and it would be up to me to constantly call back to check. Supervisor XXXX also said that while the debt is with a XXXX party collection agency, XXXX can not provide ANY settlement documentation. It was suggested that I contact XXXX 's Office of the President as they may or may not reply to my requested settlement conditions. 

It is unacceptable that the holder of the debt, in this case XXXX, should hide behind XXXX party collection agencies and go out of their way to repeatedly mislead that they would respond to my letter of requested settlement conditions.

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