Consumer complaint received 2015-10-30
Company: ENCORE CAPITAL GROUP INC.
State: KS
Product: Debt collection
Sub-product: Credit card
Issue: Taking/threatening an illegal action
Sub-issue: Threatened to sue on too old debt

Complaint:
I am writing you regarding the ADMINISTRATIVE PROCEEDING File No. XXXXConsent order as I am a Restitution Eligible Consumer. I am asking for a full refund of {$1200.00} and that all references to this account be deleted from all of my credit reports. I would be very grateful if this could be resolved. Please see that Midland Credit Management is in compliance with the order. 

I made payments directly to Midland Credit on a time-barred debt collection account that was too old for litigation. I received several letters that contained time-limited settlement offers that failed to disclose that the debt Midland Credit was collecting was too old for litigation. The letters contained statements creating a sense urgency. Some of the letters were from XXXX XXXX LAW FIRM and statements were made that threatened legal action. 

From XX/XX/XXXX through XX/XX/XXXX, I received letters and phone calls implicating the alleged debt was selected for future legal action based on reviews by attorneys. I was bullied into to making payments after receiving calls from Midlands Litigation Department and made several payments. The Debt had not yet been placed with an attorney ; and I was not informed during the call that the Debt had not been reviewed by an attorney. I was told that if I did n't make payments Midland would move forward with the litigation process unless and that the only way to stop the lawsuit would be to pay right away. 

From XX/XX/XXXX through XX/XX/XXXX, I repeatedly disputed the validity of the account that Midland Credit was trying to collect on. I sent validation and verification dispute letters to Midland Credit and I also disputed information on my credit reports, including XXXX, XXXX and XXXX and in each response Midland Credit replied that information that was accurate, complete and reliable. From XX/XX/XXXX through XX/XX/XXXX, I repeatedly advised Midland Credit that significant inaccuracies existed on my credit reports and the collection documents Midland Credit sent me and the phone calls I received. In each instance, Midland Credit responded to Credit reporting agencies that information reported was " verified ''. 


When I disputed the accuracy, Midland required me to produce a notarized affidavit swearing that the Consumer is a victim of identity theft, a police report, or a letter from the credit issuer determining that there was a fraud on the account. As soon as I disputed the validity they sent it to a law firm and I had to restart the dispute process all over again. I was also told that my disputes were untimely. 


From XX/XX/XXXX through XX/XX/XXXX, Midland Credit Management repeatedly called my cell phone. When I answered the calls and tried to communicate and resolve and dispute the alleged debt, Midland Credit told me that calls placed to my cell phone could only be prevented before XXXX and that I should authorize Midland Credit Management to call in the future. 

Since XX/XX/XXXX I have filed several complaints with the FTC, I have not received any responses. I am so happy that your agency stepped in and took action. 

Finally, and most importantly I am asking that full refund of {$1200.00} be issued and that Midland Credit follow the terms of the order. 


Respectfully, XXXX XXXX ( XXXX ) XXXX

Company response to consumer: Closed with explanation