Consumer complaint received 2025-05-15 00:00:00
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: ENCORE CAPITAL GROUP INC.
State: NV

Complaint narrative:
XXXX XXXX XXXX Midland Credit Management and XXXX XXXX, XXXX XXXX, NV Complaint Summary : I am filing this complaint to report what I believe to be unfair and deceptive practices by Midland Credit Management ( MCM ) and the XXXX XXXX located at XXXX XXXX XXXX, XXXX. Box XXXX, XXXX XXXX, NV. 

I currently have an active and ongoing payment agreement with Midland Credit Management, which I have been faithfully honoring. Despite being in good standing under this agreement, Midland Credit Management proceeded to file a lawsuit against me in the XXXX XXXX XXXX XXXX after the agreement was already in place. This action occurred without any notice that they would escalate the matter legally while I was making regular payments as agreed. 

Upon receiving the court documents, I promptly submitted a written and certified response via mail, clearly stating that I had a current payment plan with XXXX. However, it took the court over XXXX months to respond, and when they finally did, they stated that they would not accept my certified letter as a valid response. Instead, they informed me much later that I was required to respond through their online filing system, which was not made clear at the time of receiving the court summons. 

This situation has caused undue stress and confusion. I believe my rights under the Fair Debt Collection Practices Act ( FDCPA ) and XXXX XXXX XXXX laws have been violated for the following reasons : Deceptive and unfair practices by Midland Credit Management by suing me while I was actively paying under a valid agreement. 

Failure to properly notify me of additional obligations or court procedures outside of traditional written response, violating due process. 

The courts refusal to accept a certified written response, delaying fair access to defend myself and ignoring timely documentation. 

Potential violation of the Fair Credit Reporting Act ( FCRA ) if this lawsuit or associated information is inaccurately reported on my credit while payments are being made. 
Under the FDCPA, specifically 15 U.S. Code 1692e, it is unlawful for a debt collector to use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Suing a consumer while they are in compliance with a payment plan could be interpreted as misleading and unfair.

Furthermore, under 15 U.S. Code 1692c, a debt collector must cease communication if the consumer notifies them in writing that the debt is disputed or that the consumer wishes no further communication. My certified letter, which served as a dispute and clarification of the agreement, was ignored. 

I respectfully request the CFPB to investigate this matter. I am seeking the following remedies : Cease all legal action initiated by Midland Credit Management. 

Confirmation that my active payment plan be honored as the sole method of debt resolution. 

That the XXXX XXXX reviews and adjusts its policies to clearly inform consumers of valid response formats and timelines. 

Any record of legal action against me be removed if it is found to be improper or unjustified given my active repayment. 

Supporting Documentation Available Upon Request : Copy of the payment agreement with Midland Credit Management XXXX XXXX Certified letter sent to the court Copy of the court 's delayed response Thank you for your attention to this serious matter.

Company response to consumer: Closed with non-monetary relief