Consumer complaint received 2017-01-17
Company: Messerli & Kramer P.A.
State: MN
Product: Debt collection
Sub-product: Credit card
Issue: Communication tactics
Sub-issue: Threatened to take legal action

Complaint:
On Wednesday XX/XX/XXXX I called Messerli & Kramer to follow up on a settlement offer I submitted via their online portal. I had not received any return communication from the settlement offer I submitted and it had been about two weeks. I reached the after hours message line. I left a voicemail with my first and last name, why I was calling, and my return contact number. On Thursday XX/XX/XXXX, I missed a phone call from a representative with Messerli & Kramer named XXXX. The voicemail that she left cut in and out so I was not able to retrieve the phone number or the extension number she provided for me to return her call. I returned the call by contacting the number on the that XXXX had called my cell phone on which was XXXX. I told the representative that came on the phone line who I was, and that I was returning a phone call that I missed from XXXX. She took my information, and then put me on a brief hold. When she returned back on the line she informed me that XXXX was not available but that she would try to help me. She claimed to have pulled my file up and reviewed the notes. She stated to me that the settlement offer and payment plan I had submitted was not acceptable and would not be accepted from Messerli & Kramer. She stated that it was not acceptable because I was asking for a settlement offer that was only 50 % of the total amount of the debt and that Messerli & Kramer does not accept settlement offers that low, as well that my offer of {$42.00} a month was not acceptable. She continued to say that she needed to go over some information with me to determine what the lowest payment plan they would accept was, and that I needed to complete a financial form but that she would go over it with on the phone. She asked me questions in regards to how much income I got each month, how much my rent was, how much I pay monthly lumped together for utilities, auto insurance payments, car payments, how much was left on my auto loan, and lumped together for what I am paying in other debt repayment plans I am currently in. I was not prepared for these questions and I disclosed that to her and when I was trying to take my time figuring out accurate numbers for her she got upset and rushed me. She then asked me about my fiance 's income, which I feel should not be considered or even taken into account because we are not married. She placed me on a hold again to process the information I had provided her and came back on the line. She told me when she came back on the line that the lowest amount based on the information I had provided her that the lowest payment amount that Messerli & Kramer would accept on the file was $ XXXX/month. I tried to explain to her that there was no feasible way that I could afford $ XXXX/month and that I had attempted to set up a payment plan with XXXX XXXX XXXX the original debt holder via their online site to enter into a payment plan of 120 months which equaled out to {$33.00} a month but it must not have gone through when I submitted it online as the account had been transferred to Messerli & Kramer. She would not let me even get that full sentence out before she very rudely interrupted and started to talk over me clearly stating " We are not XXXX XXXX , Messerli & Kramer is a law firm, we do not have to offer you the same options they may have. '' I again tried to explain to her that I could not afford {$290.00} a month, that I am barely making it paycheck to paycheck as it is. She again proceeded to cut me off and talk over me saying " You can afford the {$290.00} a month based on the information you provided me, no payment has been made on this account since XX/XX/XXXX ''. She stated that if I did not pay the {$290.00} they would garnish my wages and take over {$500.00} of my check each paycheck until the debt was paid. That were also be added legal fees for taking it to court.

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