Consumer complaint received 2017-10-19
Company: ENCORE CAPITAL GROUP INC.
State: CA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to sue you for very old debt

Complaint:
Unresolved complaint filed XX/XX/XXXX with CFPB Case # XXXX. Received reply and release from liability of debt from MCM on XX/XX/XXXX thriough portal, thank you! However it was n't until today when I received the letter in the mail from MCM that I realized the reply from MCM and release from debt was on a differant account ( # XXXX ) than the XX/XX/XXXX complaint was filed against XXXX and/or XXXX. That being said the initial complaint has not been resolved and I would like to re-open the complaint. 

This previous XXXX XXXX debt was initially sold in XX/XX/XXXX, over 6-year later MCM contacted me regarding this debt. 

I understand the statute of limitations in California to be 4-years from date sold from initial source in CA, is this correct? If so, I believe the 6-year delay is well past the CA statute of limitations. Records sent to me by MCM indicate they bought this debt XX/XX/XXXX and on or about XX/XX/XXXX was  the first date MCM contacted me regarding this debt, some 4-years and 11 days after they purchased the account. 

XXXX XXXX XX/XX/XXXX Complaint- " On or About XX/XX/XXXX I received a phone call from a representative of MCM who stated I have a Past Due account ready to be forward to their Legal Department to seek action and a Court Judgement for non-payment on a debt from XX/XX/XXXX. She asked for the Full Amount, which I dont recall the amount, to be paid. Note : On or about XX/XX/XXXX I  suffered severe physical side effects and memory loss due to my second XXXX just days before the MCM collection agent call. ( Documented by XXXX XXXX XXXX XXXX, CA ). I was home recovering when I received the XX/XX/XXXX phone call from MCM. I was very confused and had difficulty speaking since my XXXX, I advised the caller I did not understand how I could have a debt fromXX/XX/2010 and not be notified or have made payment arrangements previously. When I asked why I had no  knowledge of this debt, the female I spoke with said, we havent gotten around to it, or something like that. She did inform me if there wasnt a settlement for a slightly lesser than the full amount due or payment arrangements made today, they would forward my account to XXXX today, they would notify credit bureau of the unpaid debt and I would not be able to make any payment arrangements or something like that. I became more confused and began to cry as I did not understand I had any debt and felt threatened that I had to pay in full or make payment arrangements today, even though I did not understand or comprehend the XX/XX/XXXX debt now being sought today. Note : XXXX XXXX or XXXX were not here at the time of the call to assist with any decisions. 

I informed the MCM representative I could not pay the debt in full or the reduced amount she mentioned in full on that day. I also informed her of my recent XXXX just a week ago and that I did not understand the debt. She again repeated the file would be forwarded to Legal if not resolved today. In order to prevent the Legal Action and a court judgement mentioned by the MCM representative, she asked me for large payments over {$300.00} a month with a larger payment now. I told her I do not have that kind of money, as I have a fixed income since XXXX XXXX. I felt pressured to make payment arrangements of {$100.00} a month that day using my Debit Card, as I feared Legal Action and was too confused and pressured to fully comprehend the phone call. Additional future {$100.00} payments were scheduled for the XX/XX/XXXX of each month to be deducted from my Debit Card. 
On or about XX/XX/XXXX I suffered a third XXXX making me more immobile, confused with even more memory loss, ( documented with XXXX XXXX XXXX XXXX, CA ). Sometime in XX/XX/XXXX I received information from MCM regarding the account overview which I had requested during the XX/XX/XXXX phone call. I do not recall seeing the envelope, or opening it, but it was later found inXX/XX/XXXX while my husband was reviewing information for taxes, he came across the MCM {$100.00} Debit Charges on our " Bank Statements '' and asked me about them. I informed him I was making payments on an old account from a long time ago that I was called about earlier in the year. He then asked me for more information, which I did not have or could not remember and became extremely upset and cried. 

XX/XX/XXXX my husband found the paperwork MCM had sent in previously that I had mis-placed in a stack of medical bills. After he reviewed the paperwork my husband informed me there may be an issue with this XX/XX/XXXX debt and MCM collecting payment in XX/XX/XXXX, six-yers later? He believes the CA Statute of Limitations regarding Debt Collection may have expired prior to MCM demanding payment. Can you please review the paperwork and provide follow up information? Any assistance with this matter would be greatly appreciated. ''

Company response to consumer: Closed with non-monetary relief