I received a letter from Capital Management Services engaged by Resurgent Capital Services to resolve a debt of 1053.94 April 26th on a debt I owed to SEARS originally for 430.00 and was charged off in June. Although I am aware this is not a good report on my credit record I planned to pay it off as a "PAID Charge Off".
I have received several phone calls to my home from these rude and crass people this last week, telling my children (under the age of 18 no less) while I am at work, that I am "trying to ditch my debts and their phone calls". My children have asked them to please lower their tones with them and they would be happy to take a message.
When they called this morning, and I was home, I talked to a rep who offered "arrangements to pay off this debt, " as he agreed the original debt was surely not 1062.00, but due to continuing finance charges and late fees it is now this amount.
He put me on the phone with his supervisor who asked me how much I could pay. I said well right now I am not even sure this is valid and I would have to check it out first. He asked how much do I think I could pay today. I said..."Well what ever I could scrounge up? As right now nothing" (I wasn't going to give him a penny till I researched this myself first) He said, that's not acceptable.
Then went on with a long lecture on telling creditors "scrounging up" is not an acceptable answer. I told him, Look... I am not talking to you to be harrassed, which he said "FINE THEN! We will just garnish your wages at your work... You had your chance! And then hung up on me! They also threatened me previously with tripling this amount with attorney fees and a lawsuit.
These kinds of calls have to be in violation of the FDCPA... including intimidation, shaming me to my children and threatening to garnish wages on a debt that has been Charged Off.
What would be the best recourse for me at this point as I am going to refute this treatment.
Any suggestions welcome.
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