Consumer complaint received 2022-11-03
Company: ENCORE CAPITAL GROUP INC.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Midland Credit Management , Inc. has sued me in XXXX XXXX XXXX XXXX relating to a credit card debt claimed to be owed to its predecessor in interest, XXXX XXXX 

Midland Credit Management , Inc. has sued on only one cause of action, " ACCOUNT STATED '' and alleges that " the parties agreed upon a resulting balance '', " There are no unresolved billing disputes made in response to receiving the account statements '' and " By using and/or making payments on the subject account, the Defendant accepted the resulting balance ''. 

These statements are all false. I, XXXX XXXX, disputed the debt as fraudulent at every opportunity. I disputed it with XXXXXXXX XXXX  via phone, within days of the charges, as soon as the charges came to my attention. I disputed the debt in writing when it was acquired by Midland Credit Management , Inc. and I disputed the debt with the attorneys for Midland Credit Management by letter when they contacted me prior to filing their lawsuit against me. I also never used the credit card account or made any payment on the account after the disputed charges were made. 

All of this was known to Midland Credit Management , Inc. prior to their filing suit against me. Their suit was in bad faith and relies on false statements in their Complaint. 

Midland Credit Management , Inc and their counsel, XXXX, XXXX, XXXX XXXX XXXX, XXXX are bad faith actors that abuse the process of the legal system. I have been required, so far, to attend Court proceedings three different times and it is more than obvious that their legal counsel is not in the business of practicing law, but is really in the business of taking defaults. 

My initial Court appearance was mandatory mediation where I observed Midland Credit Management , Inc. take the defaults of people who did not appear. I basically told Midland Credit Management and the mediator to go jump in a lake since I didn't owe the debt. 

Had I not shown up, I would have lost by default. Then, despite this mediation, Midland Credit Management , Inc. filed a motion for another mediation, which was granted by the Court. After that, there was a mandatory Case Status Conference whereupon the Court reiterated the order for the next mediation. No other business was conducted at this hearing. Once again, had I not shown up, I would have lost the case by default and the Court indicated to Midland Credit Management , Inc. 's counsel that his other appearance was taking a default. 

Now, Midland Credit Management , Inc., gets a third opportunity - at the mediation on XX/XX/2022, to take my default if I don't show up. 

The system is rigged in their favor. They file false allegations that they know to be false. Their counsel does not actually practice law and has made the most elementary mistakes in the litigation. That's because this is a collection mill and not actual practice of law. This is filing suits with inapplicable boilerplate knowing that the system will grind most ordinary people down. These are not lawyer, they are default takers. And the court is their ally because the court would rather have endless appearances instead of an actual trial. So the system works to deprive Defendant 's of their rights. 

All participants in this system should be ashamed of themselves. Especially XXXX, XXXX, XXXX XXXX XXXX, XXXX. They are a slimy collection mill, losers who don't deserve the title of attorneys.

Company response to consumer: Closed with non-monetary relief