NEW Midland (Encore) Consumer Bill of Rights!!!!

[HoppinMad]

http://www.encorecapital.com/wp-content/uploads/2011/03/Consumer-Bill-of-Rights.pdf

Recently posted, 3/2011. This contains info about exempt incomes and ceasing collection. ANYONE WHO IS BEING PURSUED BY ENCORE, MIDLAND et al NEEDS TO READ!!

in part:

Article 3: Forgiveness and Hardship Guidelines

a. We will cease collection activities when a consumer’s account is proven to be the result of identity theft, and will instruct credit reporting agencies to delete any references we have reported for the account from the consumer’s credit reports.

b. We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets.

c. We will suspend collection activities when a consumer demonstrates that they are experiencing significant financial hardship due to medical issues.

d. We will suspend collection activities when a consumer is a direct victim of a natural or other catastrophic disaster.

e. We will strive to offer consumers who have entered into a settlement agreement with us a reasonable grace period when they encounter unforeseen circumstances, such as job loss.

Article 6: The Fair and Reasonable Use of Litigation to Resolve an Outstanding Obligation

a. Prior to pursuing a collection strategy that may include litigation, we will attempt to contact the consumer to let them know that the next step in the collection process will be their referral to a law firm.

b. We will engage law firms that litigate in good faith and treat consumers with respect.

c. Prior to signing affidavits, our authorized representatives will read, understand, and fully verify document contents as appropriate to ensure accuracy. All notarized documents will be signed in the presence of a certified notary who is acknowledging the signature.

d. Prior to pursuing litigation, our attorneys and law firms will confirm that the applicable statute of limitations on the debt has not expired.

e. We will not pursue litigation or otherwise collect on accounts where we are not the rightful owner, and we will require our attorneys and law firms to provide proof of such ownership when requested by a court.

f. We will instruct our law firms to engage process servers who are reputable, licensed, in good standing with applicable regulatory agencies and trade associations, and who both conform to all legal requirements concerning the service of process, and employ systematic checks to validate effective service (e.g., the appropriate use of technology, digital pictures, compliance audits, etc.).

g. We will instruct our law firms to include, where permitted by court rules, the name of the creditor that held the debt at default, reference to the creditor’s account number, and other information to help the consumer identify the origin of the debt.

h. We will instruct our law firms to never ask courts to issue bench warrants or other forms of body attachment which compel a defendant’s appearance in court, except in those rare instances when the defendant fails to respond to a direct order from the court after we obtain a judgment.

i. Unless required by contract or law, we will not unilaterally initiate an arbitration hearing on a consumer’s account.

The use of the words “we,” “us,” or “our” is meant to apply to Encore Capital Group, Inc., Midland Credit Management, Inc., our affiliated corporate entities, and their employees, as required by the context. We will also strive to ensure that our third party service providers, agents, and attorneys adhere to these, or similar, principles when representing us. Please understand that Midland Credit Management is a debt collector. This is an attempt to collect a debt. Any information obtained will be used for that purpose.

Edited March 25, 2011 by HoppinMad

[Guest usctrojanalum]

It's one thing to say these things, and another to do them. Still have the issue of proving they own accounts. I believe this shows that they are coming to the realization they are getting slammed in jurisdictions all across the Country.

[HoppinMad]

We'll see. My income is exempt (VA Disability) so it will be interesting to see how they respond when I send a forgiveness of debt request pursuant to their Consumer Bill of Rights.

[rikkivs]

The other day I disagreed with you about corporations suing elderly and disabled people. I felt it was unethical and immoral and you said that disability doesn't compel someone NOT to be sued and that the disabled person might have other sources of income. But even the architects of the Consumer Bill of Rights seemed to get that it doesn't make sense to pursue debts from people with exempt incomes; it's a waste of time and energy. And hopefully this means they will sue less people in those categories as time progresses...hopefully...

[HoppinMad]

The other day I disagreed with you about corporations suing elderly and disabled people. I felt it was unethical and immoral and you said that disability doesn't compel someone NOT to be sued and that the disabled person might have other sources of income. But even the architects of the Consumer Bill of Rights seemed to get that it doesn't make sense to pursue debts from people with exempt incomes; it's a waste of time and energy. And hopefully this means they will sue less people in those categories as time progresses...hopefully...

Disagreed with me?

[Guest usctrojanalum]

Disagreed with me.

[HoppinMad]

SAN DIEGO, March 21, 2011 /PRNewswire/ -- Encore Capital Group, Inc. (Nasdaq: ECPG), a recognized leader in distressed consumer debt buying and recovery, today unveiled its Consumer Bill of Rights. The document codifies the company's commitment to conduct business ethically, engage in respectful and constructive dialogue with consumers, and play a positive role in consumers' financial recovery.

Encore Capital is the nation's largest publicly-traded debt buyer by revenue. Combining fair business practices, sophisticated analytics, and broad investments in data and behavioral science, Encore Capital and its wholly-owned subsidiary, Midland Credit Management, Inc., aim to set the industry standard for consumer conduct.

Key tenets of the Bill of Rights include:

•Contacting consumers in a timely and effective manner, resolving accounts quickly and honestly, and ensuring collection practices that promote settlement and preserve dignity;

•Establishing forgiveness and hardship guidelines, including the cessation of collection efforts when permanent hardship is demonstrated;

•Suspending interest or fees when a consumer is making timely payments on an established plan;

•Safeguarding consumer information;

•Implementing the fair and reasonable use of litigation to resolve an outstanding obligation, and seeking to avoid litigation whenever possible; and

•Committing to not resell defaulted consumer accounts in the normal course of business.

"We've worked hard, consulting with consumer advocacy groups and others, to identify the issues and debt-collection practices that impact consumers most. In this document, we're embracing that feedback to take an industry-leading approach to help our consumers regain their purchasing power despite the lingering economic challenges," J. Brandon Black, Encore Capital's Chief Executive Officer, said. "Encore has long been committed to the principles outlined in the Consumer Bill of Rights, and we are dedicated to building relationships with consumers based on honesty and integrity."

Fundamental to this initiative is Encore Capital's long-standing commitment to engage in a dialogue that helps consumers meet both their past and current financial responsibilities. By offering significant discounts, freezing interest charges, and negotiating long-term payment plans, Encore Capital has helped two million consumers repay their financial obligations over the past decade.

"This document marks an important milestone for Encore and our industry," Black said. "Our employees value and respect our consumers, and we look forward to additional opportunities to advance industry standards and uphold consumer rights."

To view Encore Capital's Consumer Bill of Rights, please visit: www.encorecapital.com.

If you have questions or concerns about Encore Capital's Consumer Bill of Rights, please contact Midland's Consumer Relations department head at (888) 328-8007 or send an email to EncoreCBR@mcmcg.com.

About Encore Capital Group, Inc.

Encore Capital Group is a leader in consumer debt buying and recovery. We purchase portfolios of defaulted consumer receivables from major banks, credit unions, and utility providers and partner with individuals as they repay their obligations and work toward financial recovery. Our success and future growth are driven by our sophisticated and widespread use of analytics, our broad investments in data and behavioral science, the significant cost advantages provided by both our operations in India and our enterprise-wide, account-level cost database, and our demonstrated commitment to conduct business ethically and in ways that support our consumers' financial recovery.

Headquartered in San Diego, we are a publicly traded NASDAQ Global Select company (ticker: ECPG) and a component stock of both the Russell 2000 and Wilshire 4500. More information about the Company can be found at www.encorecapital.com.

Forward Looking Statements

The statements in this press release that are not historical facts, including, most importantly, those statements preceded by, or that include, the words "may," "believe," "projects," "expects," "anticipates" or the negation thereof, or similar expressions, constitute "forward-looking statements" within the meaning of the Private Securities Litigation Reform Act of 1995 (the "Reform Act"). For all "forward-looking statements," the Company claims the protection of the safe harbor for forward-looking statements contained in the Reform Act. Such forward-looking statements involve risks, uncertainties and other factors which may cause actual results, performance or achievements of the Company and its subsidiaries to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. These risks, uncertainties and other factors are discussed in the reports filed by the Company with the Securities and Exchange Commission, including the most recent reports on Forms 10-K, 10-Q and 8-K, each as it may be amended from time to time. The Company disclaims any intent or obligation to update these forward-looking statements.

For media inquiries, please contact:

Mike Huckman

MSLGROUP, for Encore Capital

mike.huckman@mslgroup.com

(212) 468-3968

or

Mary McCeney

MSLGROUP, for Encore Capital

mary.mcceney@mslgroup.com

(212) 468-4053

©2011 PR Newswire. All Rights Reserved.

[HoppinMad]

So here is my letter to Midland asking to honor their new Consumer Bill of Rights, any suggestions comments?

Dear Mr. Black:

Although I have disputed and requested debt validation from Midland Credit Management several times regarding the above alleged accounts, I have not received any response other than more letters demanding payment. I am now requesting forgiveness of the above mentioned alleged debts pursuant to Encore Capital Groups new Consumer Bill of Rights, just released March 21, 2011. I read with great pause your statement to NBC that "Encore has long been committed to the principles outlined in the Consumer Bill of Rights, and we are dedicated to building relationships with consumers based on honesty and integrity." I most certainly hope your honesty and integrity will be apparent as I ask you to honor your Consumer Bill of Rights.

According to Article 4 Forgiveness and Hardship Guidelines ( "We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets."

My only source of income is VA Disability, which is federally exempt pursuant to Title 38 U.S.C. § 5301. Enclosed is a letter from the Veterans Administration confirming my permanent service-connected unemployability status. My unemployability status is not expected to change in the near or far future. My bank account only contains exempt funds, and exempt funds have not been commingled with non-exempt funds. Furthermore, I do not own any real property and have no other real assets.

According to your Forgiveness and Hardship Guidelines outlined above, my alleged accounts qualify for a cease to collection activity and forgiveness of debt. Please confirm in writing the forgiveness of these alleged debts. Please note the FTC opinion letter of LeFevre-Cass has made it clear that reporting to the credit reporting agency is a form of collection activity. So also I expect you to cease that activity as well. You are to delete all references to this account and completely remove it from my credit file. A copy of such deletion request shall be sent to me immediately. I further understand that Midland Credit Management is required to report the amount of the canceled debt to me and the IRS on a Form 1099-C, Cancellation of Debt.

Your Consumer Bill of Rights also states in Article 5(i)

"We will not resell accounts to third parties in the ordinary course of our business. In the future, if we have an occasional instance when we do resell accounts, we will only do so when we can provide the purchaser with documentation evidencing the amount owed on the account and clear title of ownership."

If you do in fact resell these accounts to a third party, ensure you provide the purchaser with proof of your debt forgiveness and all documentation regarding these alleged accounts.

Your quick attention to this matter is greatly appreciated to assure neither Midland Credit Management nor myself, waist any further time and expense regarding these accounts.

Best Regards,

[haironfire]

Does anyone have a clue what "access to assets" means in the policy?

Article 3

b. We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets.

[Guest usctrojanalum]

Life insurance policies, inheritances, real and personal property, annuities and things like that

[haironfire]

I'm actually surprised that Midland doesn't take out peasant life insurance policies on all those that they are so anxious to sue.

Thanks for the information.

[Nikki_Swan]

So here is my letter to Midland asking to honor their new Consumer Bill of Rights, any suggestions comments?

Dear Mr. Black:

Although I have disputed and requested debt validation from Midland Credit Management several times regarding the above alleged accounts, I have not received any response other than more letters demanding payment. I am now requesting forgiveness of the above mentioned alleged debts pursuant to Encore Capital Groups new Consumer Bill of Rights, just released March 21, 2011. I read with great pause your statement to NBC that "Encore has long been committed to the principles outlined in the Consumer Bill of Rights, and we are dedicated to building relationships with consumers based on honesty and integrity." I most certainly hope your honesty and integrity will be apparent as I ask you to honor your Consumer Bill of Rights.

According to Article 4 Forgiveness and Hardship Guidelines ( "We will cease collection activities when we receive documentation indicating that the consumer’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that the consumer has access to no other assets."

My only source of income is VA Disability, which is federally exempt pursuant to Title 38 U.S.C. § 5301. Enclosed is a letter from the Veterans Administration confirming my permanent service-connected unemployability status. My unemployability status is not expected to change in the near or far future. My bank account only contains exempt funds, and exempt funds have not been commingled with non-exempt funds. Furthermore, I do not own any real property and have no other real assets.

According to your Forgiveness and Hardship Guidelines outlined above, my alleged accounts qualify for a cease to collection activity and forgiveness of debt. Please confirm in writing the forgiveness of these alleged debts. Please note the FTC opinion letter of LeFevre-Cass has made it clear that reporting to the credit reporting agency is a form of collection activity. So also I expect you to cease that activity as well. You are to delete all references to this account and completely remove it from my credit file. A copy of such deletion request shall be sent to me immediately. I further understand that Midland Credit Management is required to report the amount of the canceled debt to me and the IRS on a Form 1099-C, Cancellation of Debt.

Your Consumer Bill of Rights also states in Article 5(i)

"We will not resell accounts to third parties in the ordinary course of our business. In the future, if we have an occasional instance when we do resell accounts, we will only do so when we can provide the purchaser with documentation evidencing the amount owed on the account and clear title of ownership."

If you do in fact resell these accounts to a third party, ensure you provide the purchaser with proof of your debt forgiveness and all documentation regarding these alleged accounts.

Your quick attention to this matter is greatly appreciated to assure neither Midland Credit Management nor myself, waist any further time and expense regarding these accounts.

Best Regards,

 

By chance, did you get any responses with this letter?

Thanks!

-nikki

[beingchased]

Does anyone know if other companies have a similar Bill of Rights??

[gwheelock915]

I wouldn't worry about the Bill of Rights. Think about who you are dealing with here. I called Midland the other day about it, and they hung up on me. Twice.

[Coltfan1972]

Screw their bill of rights.   I don't need no bill of rights or anything else from Midland.  I got my rights under the Federal law of the United States of America and they can shove their bill of rights right up their a$$.   If I have a problem, they will learn what my rights are and it won't have anything to do with anything they grant or don't grant me, it will be federal rights that I have as a citizen of this country.   Screw Midland and screw their bill of rights or whatever they heck they want to call their pile of monkey dung. 

[Downto0]

 

 I don't need no bill of rights

 

 

Is this the same as, "We don't need no stinkin' badges"?

 

Yea, op, you can try to talk to Midland...Encore or whoever chases after you for the debt but once they find out you are not going to pay they'll take action, unless you do as coltfan suggest...show them that you know your rights under the federal statutes.  Collectors don't make any money by being fair, and they know it.

[BrunoTheJDBkiller]

Does their bill of rights mention the right to get the living crap beat out of them by somebody who has a booth named after him at Burger King, is customer of the month at the Agway Fashion Shop, Rides a horse to court, doesn't  own shoes or underwear, dates close relatives, and paid for his last manure spreader with a check from Midland? Now we don't know anybody like that, do we? On a better note, listen to Jackie Evancho, this is a beautiful song. She was ten years old when she did this.

 

https://www.youtube.com/watch?v=3KqfEY4nTYU

[Coltfan1972]

Bruno,

 

I'm not sure who you were speaking of but you're starting to sound like you know more than I think you know. 

[ArtVandelay]

That looks interesting, but I prefer an Angel Soft 12 pack of double rolls as long as I can find it for 5.00 or less.