Consumer complaint received 2022-04-18
Company: ENCORE CAPITAL GROUP INC.
State: NC
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
Midland Credit Management bought my debt from XXXXXXXX XXXX after I defaulted on my credit card payments as I could no longer make the payments. They opened a collections account regarding my credit card from XXXXXXXX XXXX on XX/XX/XXXX and it was reported to each credit agency. I received a letter in the mail in XXXX saying they were going to sue me if I did not call them to set up payments. When I spoke to them in XXXX I informed them that was the first letter I received from them and demanded they send me all of the information regarding this debt. Due to it being close to the holidays, I would not have actually seen this letter anyway till after the new year as I would be staying at my parents and going out-of-state, which I made sure to tell them. When I got back I called them to set up payments. I asked if theyd be willing to knock some of the debt off but they refused to lower the debt at all despite me telling them I am on very limited income as I am a single mom on XXXX. I entered into a contract with Midland Credit Management to pay my credit card debt from XXXX XXXX that went into collections in XXXX, on XX/XX/XXXX by paying {$23.00} to them. I then agreed to make automatic electronic payments, once a month, of specific amounts, on specific days, using my debit card and then my checking account as backup since my debit card was to be updated in XX/XX/XXXX. I did an over the phone contract with them to agree to this on the same day, XX/XX/XXXX. MCM then sent me an email to confirm all of this and the receipt showing I paid the amount of {$23.00}. I also have an email dated XX/XX/XXXX stating that my electronic payment is due soon and would be automatically deducted from my account, then shows the last 4 digits of my debit card. After this I learned in my law class that these debt collection agencies pay pennys on the dollar for these debts and do have the ability to lower the debt amount. So Midland Credit Management could have lowered the amount of debt I would have paid especially knowing my circumstances being a full time single mom on XXXX, who is also a XXXX XXXX, but they just wouldnt. 

Since XX/XX/XXXX, they have not deducted the agreed upon amount and I have only received the one email from XX/XX/XXXX regarding it. I will also be disputing this on my credit report. I believe they are doing unfair debt collection practices to unfairly and deceptively obtain a debt from me, as well as using false, deceptive, and misleading practices which are covered under the FDCPA. To support my claims I will be including email communications with date and time stamp showing the agreed upon specified days that the specified amounts were to be paid until the contract ends. The email reminder from XXXX. I will also be including bank statements with my name and only the last 4 numbers of my bank account showing. This is to show Midland Credit Management taking the {$23.00} and then not following through on their contracted agreement in the months since XXXX. The bank statements will also prove that I did have money in my account when the specified amounts were to be taken out so that they can not refute by saying that I was the one to default on the contract by not having money in my account. Lastly, I will be including a copy of my XXXX XXXX benefit verification letter from the Social Security Administration to prove I am XXXX and receive it.

Company response to consumer: Closed with non-monetary relief