Consumer complaint received 2019-04-18
Company: ENCORE CAPITAL GROUP INC.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
On XX/XX/XXXX I review my credit report and I decided to try to settle some debt with 2 major retailers. With XXXX XXXX XXXX  XXXX -XXXX, I had no issues, we discussed a reasonable settlement and monthly Payment plan and call was done. I contacted XXXX XXXX - XXXX XXXX  and was informed the collection was now with Midland Credit and was given the contact number of XXXX. A representative got on and said they represented XXXX XXXX XXXX XXXX and transferred me to the supposed Account Manager named XXXX XXXX. 

I mentioned I have a very tight budget but wanted to settle the debt for XXXX with XXXX per month for a debt of {$4400.00}. He proceeded to tell me that hed been in collections for 5 years and never settled a debt for that low. I then asked him to check with his manager in which he said he manager was busy. He then proceed to tell me I must if received a judgment letter, which I never did and very surprised since the charge off is less then a year old and I didnt know collectors can threaten with a lawsuit. I informed I never received a judgement letter! Neither by mail, certified mail, or served by officer. He continued to ask me to consent to robocalls, which I declined. 

I mentioned I never received information from them, but I was informed to contact them through XXXX   XXXX, and would like to settle the debt. He later told me the only amount theyll settle with me was XXXX and Id need to pay on that day or judgement would happen at the end of XXXX. I informed I could not settle for that amount and to go back to speak with his manager. The manager got on the phone and was very rude and disrespectful. He mentioned hed never settle for my requested amount, and would not go past XXXX, even if it was XXXX. I then informed If they have a judgment then wed have to just go to court. 

I later looked up more info on Midland Credit and came across a law firm ( XXXX ) who has had dealings with midland credit cases. I explained the situation to a representative and she asked to have the number. She then informed the number was not a typical Midland Credit contact number. But she placed me on hold, and came back and said the number is for a company Called XXXX XXXX XXXX XXXX. She suggested I find out who has the debt and that I should ask for a validation of debt. I called the number back after our call and a gentlemen answered the phone XXXX XXXX XXXX   XXXX but when I gave him my information he said he was from Midland Credit. I began to questioned him on who is XXXX XXXXXXXX XXXX  XXXX, and he said he never said that, then hung up. 

The next day, XX/XX/19 I sent certified mail ( XXXX ) requesting validation of debt letter, stating I need proof of debt within 30 days or Id contact the attorney general to file complaint. On XX/XX/XXXX, I received the attached which is not a validation of debt and continues to speak of legal action, as if I was the one threatening of which legal action. The letter I sent clearly states if I did not receive validation of debt, then Id contact the attorney generals office and FTC to file complaint, and file civil and criminal. I still have not received a validation of debt. Which I am resending the attached since Im unaware of who XXXX XXXXXXXX XXXX  XXXX is. If Midland is the debt collector, who is XXXX? Do I have 2 collectors trying to collect for 1 debt?

Company response to consumer: Closed with explanation