Consumer complaint received 2015-08-11
Company: CAINE & WEINER COMPANY, INC.
State: CA
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
I called Caine & Weiner ( XXXX XXXX, CA ) attempting to fully pay an outstanding balance with XXXX XXXX XXXX. The debt is from XX/XX/XXXX and is reported to collection agencies as {$190.00}. I had offered to pay XXXX the balance, but needed credit for water bottle deposits from water I had not ordered, left at my door in excess of ordered quantities. In other words, I did not seek credit for the water ( product ) but for the automatic " deposit '' debited my account for each excess bottle. XXXX would not agree or even allow me to return the bottles to them at my expense. The deposit was {$10.00} for each bottle, yet XXXX did not take the return empty bottles and credit my account for the deposits. I still have all XXXX bottles. XXXX has no interest in resolving this since the debt was sold to Caine & Weiner, however they were very happy to resubscribe me to their service, stating they could resolve the collections issue ( really? ) I called Caine & Weiner 3 times on XX/XX/XXXX finally talking to someone who could look up my account on the XXXX attempt ( receptionist took data, forwarded me vm, I called back " they must be in a meeting ... .. ). XXXX stated my debt was well over {$300.00} and that they would happily accept my payment ( I had offered the full {$190.00} not deducting {$60.00} for the bottles ) and bill me for the balance. I eventually terminated the call since the requested amount was not only wrong, it lacked any contractual basis ( I did not consent directly or through XXXX to pay additional amounts ), especially since XXXX failed to deliver as agreed and charged bottle deposits, leaving arbitrary deliveries ( as many as XXXX at a time ) without taking and crediting empties. These were stated as " refundable deposits '' not as bottle purchases. I called Cain & Weiner today and spoke to XXXX then to XXXX XXXX, introduced as XXXX 's manager. XXXX was not able to send a letter resolving the debt as paid in full. XXXX XXXX offered to accept {$190.00} and report the debt " satisfied ''. Since I am working to get these minor issues off my credit report, that is not adequate nor a fair representation of my payment of {$190.00}. I did n't raise the issue of the bottle deposits, because Caine & Weiner 's documented history of harassment, and misrepresemtation available on the Web and in court filings. I was afraid they would treat me similarly. I note the debt is not legally recoverable, as the statute has run out as of XX/XX/XXXX. XXXX XXXX had already objected to me stating for the record ( after his required disclosure ) thar I had contacted them. I did not mention this was the 5th or 6th call. His objection became loud and insistent after I stated " You ca n't sue me to recover this debt '' simply to point out I knew that and we should be able to negotiate a payment with mutually acceptible and resonable terms.. XXXX XXXX angrily said, " I did n't threaten to sue you '' and I calmly stated that he most certainly had not threatened anything, that I was trying to define the problem to be solved so we could negotiate with full knowledge. I was offering to fully pay a debt in exchange for the debt being reported as " paid in full ''. The " satisfied in full '' status would continue to negatively impact my credit report and score. XXXX XXXX could not accommodate such an agreement, to pay an old debt without discounting it, and reporting its accurate status. I am still willing to pay this debt to this storied company of ill repute, but they seem only interested in strong arming consumers to pay illegitimate claims, withholding resolution on credit reports. I resolved a similar debt with a respectable collection agency by phone, including full payment in less than 30 minutes with the gentleman who answered my call, no holds, no transfers, no claims of hidden fees or any attempt to intimidate or withold proper credit reporting.

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