Consumer complaint received 2016-11-03
Company: ENCORE CAPITAL GROUP INC.
State: MN
Product: Debt collection
Sub-product: Credit card
Issue: Communication tactics
Sub-issue: Threatened to take legal action

Complaint:
I have attempted to contact Midland Credit Management regarding a debt they have placed for Collection with XXXX XXXX XXXX. I contacted Midland due to the Consumer Bill of Rights : Article 2 : Hardship, listed on their company website. I felt my situation fit the description of hardship, so I contacted them to resolve my account under that provision. Upon reaching my main contact " XXXX '' ( XXXX XXXX XXXX Office ) I was informed that since my account had been placed with XXXX XXXX XXXX, I would need to contact them for hardship. 

I got a call from XXXX XXXX at XXXX XXXX XXXX and I informed him about the Bill of Right seeking to resolve my account. He stated I could submit anything I had, but he would tell the client I was refusing to pay. This call sent me into a XXXX XXXX. I contacted Midland to explain that I was n't receiving and information regarding their policy, XXXX assured me that Midland has a process for recalling account via hardship and that I would need to speak to them, but that she could send an email to investigate why I was n't receiving the hardship instructions. 

XXXX received an email back saying XXXX XXXX XXXX instructed me to send in documentation of my hardship, but I had spoken to Supervisor XXXX XXXX ( Ext XXXX ), I had asked him explicitly if I needed to submit any documentation for hardship, he stated no. I recorded that call, which was not placed by me, but transferred from Midland directly to XXXX, by a representative named XXXX. XXXX told me that what I really needed to do was provide documents to XXXX XXXX XXXX, because they " ca n't not work any documents you provide ''. 

I called XXXX XXXX XXXX after speaking with Midland again, and left a voicemail XXXX/XXXX/XXXX for XXXX XXXX at XXXX XXXX XXXX, desperately trying to find out if I do in fact need to submit documents, considering he had previously told me no and I have not received a call back as of yet. XXXX XXXX, and another representative from XXXX named XXXX, both informed me that there is a hearing set for XXXX/XXXX/XXXX in Conciliation court regarding this account, but XXXX has n't mentioned to me that I 've been sued. 

I was previously contacted by XXXX XXXX XXXX on XXXX/XXXX/XXXX by XXXX XXXX who called to inform me that I owed a debt with XXXX with my ex husband, I was a coeditor, and that there is a judgement filed against me. She claimed she had spoken to my ex husband about payments and was now calling me to do the same. She stated that I could n't be found at the time of service and she would call back. 

XXXX/XXXX/XXXX I called to speak to XXXX XXXX and talked to XXXX XXXX. He stated I could no longer validate or dispute the debt since the time was past for those actions. He stated I have a judgment against me and I had no options to prove I owe this debt. 

XXXX/XXXX/XXXX I returned a call from XXXX XXXX. She stated that I owe this debt and when I asked what happens if I ca n't pay, she stated the attorneys will take legal action against me. I asked her what that might be and she stated she did n't know, it is up to the attorneys. 

Following these disturbing collection calls I went to the XXXX County office and pulled the court documents, I was curious why the judgment was n't showing on my credit report. The judgment that was obtained for the case clearly states that the judgement is for my ex husband " ONLY '' though I am listed at the top of the paperwork. 

I reached out to an attorney about this, but due to health issues I was n't able to pursue the case. 

I have not heard from XXXX XXXX XXXX since regarding this debt.

Company response to consumer: Closed with explanation