Consumer complaint received 2022-02-12
Company: ENCORE CAPITAL GROUP INC.
State: UT
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
I was sued by Midland Credit Management through attorney XXXX XXXX, XXXX in Utah. The debt originated in California, defaulted in California due to Covid and I tried to make payments and the collection agency declined to accept my payment plan. I had been mandated shut by Covid closures in California, had my son pass away, two personal injuries due, one in litigation leaving me with a XXXX XXXXXXXX, was a victim of stalking and harassment due to domestic violence, 6 arrests made at this time, I had to relocate 5 times and prosecute the man behind this. Unfortunately, due to these string of events I defaulted on the payment plan. I was harassed despite telling the collection agency that I had been ordered to close due to Covid mandates in the XXXX XXXX XXXX and tried to initiate payments and was denied by the collection agency demanding full payment, half payment or I would be sued. I had to go on food program and didn't have the money for the full or half payment of the debt. I asked them to stop calling, the refused and left me with increased XXXX  and fear. I relocated out of California and their lawyers XXXX XXXX and XXXX XXXX working for XXXX XXXX XXXX sent me a demand, which I immediately responded to and asked to make again, payments of $ XXXX and they declined again wanting to tack on fees for court costs before they filed a court lawsuit. They sued, I responded, submitted evidence of 6 violations of unfair credit collection practices in California, Utah and Federal by the Protection act in Federal and both states. The judge stated this should go to trial after he read and saw my evidence and careful documentation. They refuse to take my settlement, after agreeing to unless I paid court costs ahead of even filing a lawsuit. So I said - if I have to pay court costs, we may as well go to court. I am not denying the debt or the default, I am arguing that they refused to take my payments multiple times. They published on their website that they were going to help consumers due to the Covid shut downs and loss of income and their own website says they are going to help consumers. I am a business woman. I am not trying to get out of paying it. I am now going to have a 2nd hearing where I will ask for a trial. They are in violation of harassment, over zealous collection efforts, refusing to take payments, tacking on costs to my debt and refusing to settle in full payment of the debt unless I pay court costs which on a verified recorded line, 26 minutes long by their office to myself agreed to the payment plan ahead of filing the lawsuit, but when I refused to pay court costs as they had not file a court case at that time, they said they would move forward with suing me. This entire action is unnecessary bullying by a consumer credit management team that is frivolous, their actions violate the fair collection act in 2 states and Federally. Court case by them against me is Case NoXXXX Judge XXXX in XXXX XXXX XXXX XXXX XXXX Utah XXXX Their filing a lawsuit when a settlement in full was accepted by them has created a lawsuit, public record that has damaged my reputation, I have had emotional distress and XXXX  and been threatened by a lawsuit during a pandemic and had countless calls threatening me during a pandemic. Their own collection letter said I could enter a payment arrangement as they had accepted federal funds to help them help me and XXXX XXXX  to help them help me. They have acted in bad faith. Their website states : so we want to relay that our thoughts are with those affected and that we have services to provide both hardship assistance and prevention. If you've been impacted by Coronavirus COVID 19, either physically or financially, and need our support, we're here to help '' It goes on to say " these are just a few of many steps we are taking to ensure the continuity of service to customers. Our focus is on the safety and wellbeing of both customers and employees, so together we will not miss a beat ''. It goes on to say they have a commitment to our customers. I was given NO such commitment, not treated as a customer of long standing and offered no consideration. The State of California fair collection act states : 1/ credit is an important feature of the economy 2/ some default in repayment can be anticipated 3/ reasonable enforcement measures may be employed and 4/ debtors must be treated honestly and fairly. Siting statutes ss1692-1692p ; 806p ; 807 ; 808 ; 811 ; 813 of the codes that they have violated. Your statutes state attorney fees should not be included ; collection expenses should not be included and the application of payment " must follow the debtor 's instructions on allocation of payments to a particular debt ''. My payment plan was denied multiple times. In writing. They are in violation of unconscionable and unfair means. They threatened me during a pandemic and acted on that threat when a settlement arrangement had been accepted by them for full payment of $ XXXX. I might add that all my other creditors made arrangements with me and most of them have been now paid in full or are on payment to be paid in full. Only this credit management team is outstanding because of their refusal to accept my payments during a pandemic and after.They were rude, nasty and threatening during the pandemic for me to come up with the money when I was on a penny to penny budget wanting my rent monies or utilities money when I didn't have a job. I wish to report them in full for their misconduct and have preserved all the records diligently and accurately.

Company response to consumer: Closed with non-monetary relief