Consumer complaint received 2019-04-01
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:
I received notice from Midland Credit Management, who purchased my debt ( balance as of XX/XX/2019 ) of {$2300.00} from XXXX XXXX/XXXX - original account number XXXX ; Midland Credit Management Number XXXX. The date of the notice was XX/XX/2019. I received it on or about XX/XX/2019. I called Midland Credit and spoke with " XXXX ''. I explained to XXXX that I was unable to set up payments online because the system would not allow me. I explained to him that I have the letter which states that I should " call XXXX '' and " Reply By XX/XX/2019 ''. There is nothing in the letter which indicates an " expiration '' date, or that legal action would be filed if no payment is made before an " expiration date ''. ( XXXX, later, after we made arrangements said the " reply '' date is the expiration date. 

The entire letter is intimidating. It has language that implies a lawsuit ; " pre-legal department '', " possible attorney review '', " pre-legal notification ''. It threatens me and states that if I fail to make a payment ( it does not provide when this payment should be made to avoid legal process ), or contact them, it would result in " the continuation of the pre-legal review process. The letter goes on to use very intimidating language, indicating that a lawsuit will result in a judgement against me enforceable according to state law. 

In apparent admission of this unfair practice of harassment, the letter ends with the following : " there is still an opportunity to set up a payment plan and avoid the hassle and inconvenience of the legal process. '' I reached out to Midland Credit, not to dispute the debt, but to initiate a settlement. The account manager attempted to force me to tender a payment over the phone and we finally agreed to payments being sent ; he mentioned the payment was unsecured and indicated that legal proceedings may still continue. 

I have followed their instructions, even with the threats of legal action. After making arrangements with XXXX, I noticed he kept interrupting me and asked for a supervisor, who, used same intimidating language. When I asked him why are they telling me there is an expiration date and no mention of " expiration '' in the letter, he said XXXX may have confused it and attempted to suggest that " reply '' meant expiration. 

Under the Fair Debt Collections & Practices Act, regarding " False or misleading representations, a debt collector may not use any false, deceptive or misleading representation or means in the connection with collection of any debt ''. Midland Credit Management, on our call, and in their letter ( attached ) used misleading and false representations. The letter stated to call to resolve and to reply  by XX/XX/2019. There was no mention of an expiration date. There was nothing in the letter that states a payment of any amount before an expiration date could avoid legal proceedings. 

The letter gives the impression that only Midland has legal rights or use of the law.

The Fair Debt Collections & Practices Act also states that a debt collector may not use " false representation or implication that documents are a legal process. '' The entire letter implies that the document itself is part of a larger legal process against me. This is a very clear violation of the Act.

I have entered an agreement to make payments to resolved the debt, but feel that Midland Credit has broken the law and violated my consumer rights in addition to guidelines in the Fair Debt & Collections Act.

Company response to consumer: Closed with non-monetary relief