Consumer complaint received 2025-12-26 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened to sue you for very old debt
Company: ENCORE CAPITAL GROUP INC.
State: SC

Complaint narrative:
Company Name : Midland Credit Management , Inc .

Original Creditor : Destiny Card Account Type : Credit Card Approximate Original Credit Limit : {$300.00} I am submitting this complaint against Midland Credit Management , Inc. for engaging in deceptive, unfair, and abusive debt collection practices in violation of the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692 et seq.

In early XX/XX/2025, I received a written notice from Midland Credit Management stating that they intended to initiate a lawsuit against me regarding an alleged credit card debt originally owed to XXXX XXXX. The original credit limit on this account was approximately {$300.00}. 

At the time the account was sold, I had an existing payment arrangement directly with XXXX XXXX. Despite this agreement, the account was sold to Midland Credit Management without my consent. 

After receiving Midlands threat of litigation, I contacted them by phone to resolve the matter. During this call, I negotiated a settlement reducing the alleged balance from approximately {$1300.00} to {$720.00}. Midland agreed that the settlement would be locked in on XX/XX/2025. I was informed that Midland would send a confirmation email documenting the agreed amount and date, and that I only needed to create an online account and then set up the payment arrangement.

Contrary to these representations, when I attempted to create the account as instructed, Midland immediately attempted to withdraw funds from my bank account without my authorization and prior to the agreed settlement date. This conduct constitutes an unfair practice under 15 U.S.C. 1692f, including 1692f ( 1 ), which prohibits the collection of any amount not expressly authorized by the agreement or permitted by law.

When Midland contacted me again, I informed them that the unauthorized withdrawal attempt breached the settlement agreement discussed. In response, Midland representatives threatened to take me to court and made intimidating statements implying they would take me for everything I have if I did not immediately pay. These statements constitute harassment and abuse under 15 U.S.C. 1692d, including 1692d ( 2 ), which prohibits the use of abusive or threatening language.

Additionally, Midlands conduct involved false, deceptive, or misleading representations in violation of 15 U.S.C. 1692e, including but not limited to : 1692e ( 2 ) ( A ) : Misrepresenting the character, amount, or legal status of the debt 1692e ( 5 ) : Threatening legal action that was intended to coerce payment rather than reflect lawful or immediate intent 1692e ( 10 ) : Using false or deceptive means to collect or attempt to collect a debt By misrepresenting the terms of the settlement, attempting an unauthorized withdrawal, and threatening legal consequences after breaching the agreement, Midland Credit Management engaged in unfair, deceptive, and abusive debt collection practices prohibited by federal law.

Company response to consumer: Closed with non-monetary relief