Consumer complaint received 2016-07-06
Company: ENCORE CAPITAL GROUP INC.
State: NY
Product: Debt collection
Sub-product: Credit card
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt was paid

Complaint:
XXXX XXXX XXXX XXXX XXXX XXXX XXXX 
XXXX, NY XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FTC Complaint XXXX XXXX : Complaint against : ( 1 ) Asset Acceptance LLC XXXX XXXX XXXX XXXX, XXXX, MI XXXX ( 2 ) XXXX XXXX, XXXX and XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, XXXX, NY XXXX ( XXXX XXXX XXXX XXXX XXXX, 1. XXXX Bank issued me a XXXX XXXX Card XXXX upon which I obtained loan in the amount of about {$15000.00}. The balance as of XXXX XXXX, XXXX was {$16000.00}. 

2. XXXX Bank assigned the debts to an Assignee Asset Acceptance LLC without any intimation to me. 

3. On XXXX XXXX, XXXX, Assignee instituted action by their Attorneys claiming {$33000.00} without stating as how they arrived at {$33000.00}. The summons was served upon a non-existing " Fictitious person ''. A default Judgment was passed behind my back on XXXX XXXX, XXXX for {$35000.00} and interest. 

4. The affidavit of merit does not contain any evidence of proof of claim. Neither Defendant 's account nor copy of the Assignment is annexed. 

5. On XXXX XXXX, XXXX Sheriff 's income execution was levied for {$38000.00} which included interest of {$500.00} and compound interest which was illegal. 

6. On XXXX XXXX, XXXX I made an Application Pro Se to the Court to vacate the judgment, to stop garnishing wages on the ground of non-service of Summons or any document in this action. The Response does not deny non-service of summons. On XXXX XXXX, XXXX the XXXX was granted only to the extent that the income execution was stayed from the date of the Order. 

7. On XXXX XXXX, XXXX, I filed Pro Se subsequent XXXX to vacate the judgment and income execution on the ground of non-service of Summons or any document in this action which met with the same fate. This time the claim had increased to {$45000.00} and was denied. 

8. Appeals to the XXXX Court were also denied because they were not perfected as I filed Pro Se as I was financially crippled and a Motion to reargue was also denied 9. The payments made by me were illegally appropriated towards interest whereas principal amount went on sky rocketing. InterestXXXX30.5 % compounded continues to be charged even after judgment although the judgment provides for 9 % as a result I will be paying the amount of {$600.00} per month throughout my life as if I am a bonded labor, working for free of charge for Assignee. I have paid more than {$50000.00} but the amount continues to increase. No satisfaction of the Judgment is recorded for the payments obtained from me after the judgment. 

10. I Appeal to you to hold an enquiry against all the parties, take appropriate action, cancel their licenses after hearing and discharge the claim against me as fully satisfied. I am prepared to place these facts by affidavit and also testify to the facts mentioned above and produce all documents in original. I can send you my Complaint in detail by mail because my electronic complaint is restricted to XXXX spaces.

Company response to consumer: Closed with explanation