Consumer complaint received 2023-06-26
Company: ENCORE CAPITAL GROUP INC.
State: FL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I am writing to file another complaint against Midland Credit Management for their violations of consumer protection laws and misrepresentation of information on my credit report. I request your assistance in addressing these issues and taking appropriate action against the companies. 

Midland Credit Management : Midland Credit Management has failed to supply proof under the doctrine of estoppel by silence, as established in the case of XXXX XXXX XXXX ( MO ) XXXX XXXX XXXX. Based on this legal principle, I presume that no proof of the alleged debt exists, and therefore, the debt itself does not exist. I requested that Midland Credit Management provide me with the completed original contracts, including all endorsements and assignments, pertaining to the accounts they have reported on my credit report. In the absence of such evidence, I urge you to promptly remove all inaccurate or unverifiable information related to these accounts from my credit report. Furthermore, I request that Midland Credit Management ceases reporting this disputed information to any third parties immediately. 

Midland Credit Management has violated 15 U.S. Code 1692e - False or misleading representations. Specifically, they have committed five acts of reporting inaccurate information to the credit bureaus regarding alleged charged-off accounts, falsely representing them as open balances from the original creditor. It is important to note that charge-off debts must be reported to the IRS on XXXX XXXX Failure to comply with this requirement results in noncompliance with applicable tax laws, rendering such debts ineligible for assignment to a debt collector. Therefore, I request that Midland Credit Management provide me with the completed original contracts, including all endorsements and assignments, pertaining to the accounts they have reported on my credit report, as well as the contract I have with Midland Credit Management. If they are unable to provide this documentation, I insist that all inaccurate or unverifiable information related to these accounts be promptly removed from my credit report. Additionally, I demand that Midland Credit Management cease the reporting of this disputed information to any third parties without delay. 

I want to bring to your attention that this is the third time I am filing a complaint against Midland Credit Management, as they have shown a pattern of violating consumer protection laws by purchasing accounts that have been charged off and cancelled by Form XXXX. 

I kindly request your immediate attention to this matter and a thorough investigation of the reported violations by Midland Credit Management. I expect that appropriate actions will be taken to rectify these issues, hold the company accountable, and ensure compliance with consumer protection laws. 

I appreciate your prompt assistance in resolving this matter. 

Thank you for your attention to this complaint. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation