Consumer complaint received 2020-07-14
Company: ENCORE CAPITAL GROUP INC.
State: PA
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:
In XX/XX/XXXX I was sue by Midland Credit Management for a credit card. The judgement was ruled in their favor, I contacted the company after I received my documentation from the judge to set up payments at what I could afford. The phone calls started XX/XX/XXXX - was informed they did not have the paperwork from the judge and to call back in two weeks. I attempted these phone calls again on XX/XX/XXXX and XX/XX/XXXX and was still told the same thing. I informed them that I would be going on maternity leave and would call back in XXXX to set the payments up. On XX/XX/XXXX, I called Midland and learned they were charging me a 6 % interest that I was not aware of by anyone or have any type of documentations stating that I would be charged this interest. Contacted the judges office in which they stated the amount on my paperwork from them is what I am to pay back. I went back and fourth with this company from XX/XX/XXXX to XX/XX/XXXX in regards to the interest. They refused to allow me to speak to their legal time, told me I could e-mail them. I e-mail the address they provided and got an e-mail back this e-mail stated that I can not e-mail them because I am not apart of their approved group. I called Midland again on XX/XX/XXXX to inform them of this e-mail and kept going back and fourth, spoke to manager by the name of XXXX XXXX to which she would not listen to anything I had to tell her, but said she would contact the legal department. On XX/XX/XXXX I spoke to XXXX again and she stated they are putting my account at the judgement amount. I told her I would like to set up payments that I can afford. She told me their polices were that I first would have to pay a down payment of 50 % and then they will do monthly payments. I first told her I wanted documentation stating that I was required to pay this, she said they did not have any. I told her I could not afford this and told her what I could afford with the possibility of paying more BUT I did not want to commit to a higher amount. She refused the amount I told her I could afford and kept telling me their policies and requirements are a down payment first. When I asked several times to see these policies and requirements, she just told me it is all internal and I said then how do I know you are even telling me the truth. I asked several times for paperwork and she refused to show me any of time of policies or requirements or even tell me where I could go to online. When I told her that I would just mail in what I can afford monthly, she informed me that they will post the amount towards my account but will probably sue me again for the judgement amount because they do not have an agreement for because she refused what I could afford at this time. I asked to speak to someone higher up then her and she said her Boss was not available and I could call back later to speak to him/her and then hung up on me.

Company response to consumer: Closed with explanation