Consumer complaint received 2019-02-28
Company: ENCORE CAPITAL GROUP INC.
State: WI
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Midland Funding LLC by its Servicing Agent Midland Credit Management Inc, represented by XXXX XXXX XXXX, SC in XXXX, WI filed a lawsuit against my name for a credit card debt that was previously owned by XXXX XXXX. They filed the lawsuit on XX/XX/XXXX. I was never notified of the debt or the lawsuit as it was in the name of a XXXX XXXX with an address and phone number that was not mine. I was never served, but was contacted by the process server as he said that my social security number was connected to the account. I am not sure how he knew that information. I appeared at the first hearing on XX/XX/XXXX, where a court commissioner served me at the hearing. I informed the commissioner that the debt was not mine, that I did not live at the address nor did I have the phone number that Midland had on file. Commissioner asked XXXX XXXX XXXX to verify the debt. Hearing was once again adjourned until XX/XX/XXXX. XXXX XXXX XXXX  then mailed me their " verification '' on XX/XX/XXXX. Their verification consisted of a XXXXXXXX XXXX Bill of Sale to Midland, a Purchase Price Reconciliation, where all but 4 boxes where blacked out and none of the information revealed proved that the debt belonged to me. It also looked like it was created in XXXX or a spreadsheet software. I also received a XXXX Statement, which once again was blacked out on all but 3 spaces, looked like it was created in XXXX, and did not prove that the debt belonged to me. Then I received a copy ( or computer printout ) of an Affidavit of Sale, from XXXX XXXX in MN claiming to be an employee of XXXX XXXX, and notarized by XXXX XXXX XXXX, who is an employee of XXXX XXXX  in MN. which was dated XX/XX/XXXX. Researching the names, XXXX XXXX of Minnesota, is NOT an employee of XXXX XXXX and she said she has never been an employee of XXXX XXXX. Another sheet attached was a Certificate of Conformity,  which was also dated XX/XX/XXXX. I received 2 pages of a supposed XXXX XXXX XXXX   Account Agreement, which does NOT look at all like the one from CFPB, and says " CC Temp Version 3 '' and other coding at the very top of it. There was nothing signed to prove that someone even signed up for this card or that these terms were active for this account. I didn't find out until it was too late that there was another page that belonged to the XXXX XXXX XXXX agreement that specified the Arbitration terms. I would of happily disputed this case in arbitration if I had been informed and given that page of the terms! I also received a computer printed affidavit from a XXXX XXXX, who claims she is employed at Midland and " verified '' my account. This affidavit was dated XX/XX/XXXX, which was BEFORE the court case the summons and complaint was even filed at the courthouse! XXXX XXXX 's XXXX profile says she works at XXXX, ( not Midland. ) This affidavit was " notarized '' ( aka computer printed ) by XXXX XXXX of MN, who is an employee of MIDLAND. This affidavit contained 3 bar codes that were unidentified on the bottom of each of the 2 pages. Apparently, these affiants have ESP to sign & notarize affidavits prior to requests for verification. Also included in this verification package was a Certificate of Federal Savings Association Title Change and a Field Data sheet. The Field Data sheet also looked like a cheesy XXXX or spreadsheet created, not a screenprint of evidence. Also in this packet was a letter that was supposedly sent to notify that Midland purchased the account, but did not contain any information on how to dispute the account. This letter was also addressed to the address that I DO NOT live at. Also included were several statements from XXXX and from Midland, that were also sent to an address that I did not live at. At the hearing on XX/XX/XXXX, XXXX still insisted that this alleged account was mine. XXXX pushed for me to file an affidavit of fraud and a police report. The court commissioner, which is now the 3rd different one I have seen, literally said, " I wouldn't do that. '' Hearing was once again adjourned for XX/XX/XXXX. BUT on XX/XX/XXXX, I received another envelope from XXXX with an affidavit of fraud to file and wanted me to file a police report. Confused because of what the court commissioner advised, I didn't file the report. I attempted to get an attorney, but did not have the funds to pay for one. I take care of my parents ( one is XXXX  on the XXXX XXXX from a XXXX, the other has XXXX  ), have XXXX kids to care for and one of them is also XXXX XXXX. When we reconvened in court on XX/XX/XXXX, in front of a 4th commissioner, I began to feel at a loss, because I had to start all over every time with each commissioner as to why this debt is not mine. Then this commissioner reamed me for not filing the affidavit of fraud. Next hearing was set for XX/XX/XXXX and I was ordered to do the affidavit of fraud and the police report. I attempted to file a police report but was informed that there was NO evidence that this was my account so the police would not take the report. I did not file the affidavit of fraud because of what the police said. On XX/XX/XXXX, I received another package from XXXX, this one had requests for admission, interrogatories, and requests for production of documents. I did not understand any of it, the wording was SO confusing, none of it made sense and I felt as if no matter how I answered some of them, I would be found guilty. I had no idea what to do and felt lost. I didn't have years of law school to guide me through this nonsense. None of this was plain english, none of it was even complete sentences. 98 % of the document was verbs - past and future tense, adverbs, and adjectives. On XX/XX/XXXX, we had our " Trial '' hearing, which was no different than any of the other hearings. Appeared in front of a different court commissioner again. According to the paperwork I had been given by the court at the last hearing, it said that I would be able to present evidence, present arguments, examine witnesses ( no idea how to even get them there ), etc. Well, after XXXX 's representative and I entered the little room with the commissioner, the commissioner was ready to base his decision immediately without letting me speak or get a " fair trial ''. The whole thing was over in less than 2 minutes. I have it all on tape. He did not see the importance of the date of the affidavits. He literally told me that if I was smart enough to recognize that the language used by XXXX was adverb-verb-adjective mechanics, that I was smart enough to figure out what they were attempting to say in their paperwork. Now I know that my mistake is that I never have been in court before and do not know the proceedings or anything related to law.I did NOT get the luxury of going to law school ( or college for that matter ). I did not have funds to retain an attorney. I relied on my morals and honesty, for I was taught growing up, honesty will get you everywhere. Not with either of these companies, XXXX XXXX XXXX and Midland are dirty rotten scoundrels. They don't play fair, honesty isn't part of their game. Now I am stuck with a debt that I don't owe and I don't have the funds to pay. Even when pointing out the deficiencies to the court commissioner, he literally told me that if I was smart enough to realize that the language was adverb, verb, adjective, I was smart enough to decipher what they were saying. All of the court commissioners but the first one I met, were already on the side of XXXX and Midland before we even started to proceed. Each hearing was over in under a minute. I even have this last one taped. Courts are just as corrupt as the companies using them.

Company response to consumer: Closed with explanation