Consumer complaint received 2024-09-05
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: ENCORE CAPITAL GROUP INC. (NC)

Midland credit Management bought the balance on the credit card with XXXX XXXX. I tried several times to get XXXX XXXX to close this account in XXXX, XXXX, and sometime in XXXX of XXXX. The last purchase I made was on XX/XX/XXXX in the amount of {$200.00}. At the time the credit allowed was {$4700.00} and the balance due was {$4600.00} ( $ XXXXlate fee, {$95.00} interest fee included ). I advised Midland that I had been pleading with XXXX XXXX to close this account and I would just make payments towards paying that balance. I never made any more purchases since XX/XX/XXXX ; therefore, I had hoped that XXXX 's would close it due to inactivity on this account. However, I continued to make pymts totaling {$2400.00} throughout XXXX. I advised midland that I had to contact the XXXX  to enforce XXXX XXXX to close this account. XXXX 's response in a letter dated XX/XX/XXXX to myself and the XXXX  was that I had never asked them to close this account during those months ( only mentioned the month of XXXX ), and I was not making payments on this account, and that at their own discretion, XXXX 's closed this account on XX/XX/XXXX. From the last purchase activity being on XX/XX/XXXX until two years later on XXXX it was then that XXXXXXXX XXXX decided to close this account? I have never known ANY credit card company that would keep a consumer 's credit card account open for that long without any payments or activity ; therefore, you would think that someone would had caught this deception. 
XXXXXXXX XXXX were also aware that if a consumer made a payment just before the closing date on a statement, that the payment that they had just made would not reflect on the next statement. Therefore, payments made would not reflect on the minimum due that appeared on the statement, making it look as if they did not meet the minimum payment requirement. This is an unethical business practice, and it should be addressed by CFPB. If a consumer call XXXX XXXX customer service representatives BEFORE they receive their billing statement, they are giving an amount to pay. Sometimes that amount was less than what was on the billing statement. Therefore, I was charged a late fee based on what was advised to me by an account rep from XXXX XXXX. After XXXX 's closed this account and continued to charge me interest and late fees they allow Midland to buy this account, stating I owed them {$3800.00}. They sued me and won a default judgement citing that they had served me but did not. I was not properly served according to G.S.1-75.10 ( 5 ) and G.S. 1-75-11. I filed a motion Rule XXXX and was not prepared due to the courts using XXXX, and was not allowed to upload a copy of my signature. I pleaded with the judge to allow me to do so ; however, she told me that I should had already had that ready. I am not familiar with XXXX or protocol on uploading documents. During the hearing, the Judge did point out that she did not see whereas I was served a copy of the Default Judgement and other documents. The rep. from Midland told the Judge that we were not here for that and that I was motioning on the Civil summons only. I am not trying to get out of what I actually owed XXXX XXXX, but now is Midland. I called Midland and tried to settle with them in the amount of {$3000.00}. A rep put me on hold, came back and agreed to the {$3000.00}. I told them I'll them back in second to get the transfer ready. I called Midland back in less than 3 minutes and was told that it would {$3500.00} now due to interest. They put someone on the phone who said that he was the supervisor and he told me that it was now {$4.00}, XXXX because someone had made a mistake and given me the wrong information. Midland is full of unethical staff and very deceptive people. They only won that default judgment because I did not have the chance to present all the evidence I had against XXXX XXXX. How they keep this account open for over XXXX yrs without any purchase to the point whereas the interest and fees took me over the credit limit. Over {$3000.00} is not purchases but interest and late fees. How could a credit card company be allowed to operate this kind a scam is beyond me. Midland also filed a Writ of Execution. I am XXXX yrs, XXXX, suffers from XXXX, XXXX  and take care of my also disable XXXX yr old father. We are both on XXXX checks. The only possession he has is the old truck that he bought from GA, which I had to put in my name for insurance and Midland is sending the sheriff out here to take that from him. We are poor people. Which is why I stopped using that card because I knew I could no longer afford it. Please in the name of XXXX, please assist me. I can not sleep, eat or even think anymore.