Consumer complaint received 2022-05-16
Company: ENCORE CAPITAL GROUP INC.
State: VA
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Billing Error Dispute Pursuant To12 CFR 1026.13 ( b ) 15 U.S. Code 1666 - Correction of billing errors Claim for Credit Balance Pursuant to 12 CFR 1026.21 I also revoke, cancel, and make void ab initio all powers of attorney, in fact, in presumption, or otherwise, signed either by me or anyone else, claiming to act on my behalf, with or without my consent, as such power of attorney pertains to me or any property owned by me. 
This is a request fordocumentary evidence of the original instrument of indebtedness, evidence that you own the debt, including the chain of title of ownership to the property or mineral rights of the alleged goods or service you are debiting this account for and where applicable that you are licensed to collect a debt in the State of California.The statement of account reflects a positive balance and is on the right side of the ledger which indicates a credit balance ( See 12 CFR 1026.21 ) The left side of the statement should contain any debit balance the right side of the ledger should contain the credit balance. Please provide evidence that this balance is a credit balance or a debit balance and adjust the account and billing statement in accordance with General Accepted Accounting Principles ( GAAP ) and or the International Financial Reporting Standards ( IFRS ) were applicable. This is a billing error dispute and acknowledgement and an indemnity claim for the credit balance pursuant to Code of Federal Regulations 1026.11 and 1026.21. 
Please provide evidence that you are not a creditor who has extended me my consumer credit via the credit balance you have extended and that you are indeed a debt collector who is collecting a balance due to you in United States Dollars.

Also take further notice that if you are a debt collector please provide evidence that the amount which you state is owed is not an obligation of the United States pursuant to 18 U.S.C Section 8 which states the following : The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

15 U.S Code 1602 ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. 
Please also provide evidence that pursuant to 15 U.S. Code 1602 ( g ) ( 2 ) which states the following : ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. 
Provide evidence a consumer transaction and not a commercial transaction occurred through your company and a third party by or on my behalf as a consumer and that as a result of that transaction your company suffered a loss which is payable on the face of the evidence of indebtedness. 
Or provide the agreement that my consumer credit which you extended or are required to extend which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required did not satisfy the cash price for the amount due? See 15 U.S.C 1602 ( g ) ( 1 ).

Provide evidence where you extended me your companies own credit and not consumer credit of which I am identified as under 15 U.S.C 1692 ( a ) 3.

Please take further notice that only debt collectors collect amounts due or on a balance due ( See 15 U.S.C. 1692 ( a ) ( 6 ) ) and creditors extend consumers their credit ( see 15 U.S.C 1602 ( g ) ( 1 ) ). Therefore, any statement that you send with an amount due on it is a billing error unless that amount is a credit balance which is due the consumer pursuant to 12 CFR 1026.21 ( a ) ( b ) ( c ) and me as a consumer claim that debit balance in full and any credit balances past, present or future.

12 CFR 1026.13 Billing error resolution.

( a ) Definition of billing error.For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to theconsumeror to apersonwho has actual, implied, or apparent authority to use theconsumer'scredit cardoropen-end creditplan. 
( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with therequirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8.

( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by theconsumeror theconsumer 's designee, or not delivered to theconsumeror theconsumer 's designee as agreed.

( 4 ) A reflection on a periodic statement of thecreditor 's failure to credit properly a payment or other credit issued to theconsumer 's account. 
( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by thecreditor.

Please take further notice that pursuant to the Fair Debt Collections Practices Act, 15 U.S.C. 1692 ( a ) ( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which isthe collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.

15 U.S.C 1692j states : ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in aconsumerthat a person other than thecreditorof suchconsumeris participating in the collection of or in an attempt to collect adebtsuchconsumerallegedly owes suchcreditor, when in fact such person is not so participating. 
( b ) Any person who violates this section shall be liable to the same extent and in the same manner as adebtcollector is liable undersection 1692k of this titlefor failure to comply with a provision of this subchapter.

15 USC 1666d ( 1 ) .. anything over {$1.00} that you pay into a POSITIVE BALANCE IS TO BE CREDITED BACK TO YOUR ACCOUNT! ( TREATMENT OF CREDIT BALANCES=RESOLUTION ) Please credit the account and offer payment for any overpayments into the account from the credit balance or send the requested evidentiary documentation supporting proof of claim.

Please take further notice that pursuant to18 U.S. Code 1341 Whoever, having devised or intending to devise anyscheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency ( as those terms are defined in section 102 of theRobert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) ), or affects a financial institution, such person shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 

12 CFR 1026.13 ( e ) Procedures if billing error occurred as asserted.If acreditor determines that a billing error occurred as asserted, it shall within the time limits inparagraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit theconsumer 's account with any disputedamountand related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to theconsumer.

Please be advised that failure to comply with Federal Law will result in complaints being filed with the Federal Trade Commission, IRS Criminal Investigations Division, Department of Justice and the FBI for wire fraud, fraud in the inducement and fraud in the factum. Please provide payment and credit the account in the 3-5 business days from the receipt of this notice. 
Your time, attention and actions to correct this billing error is greatly appreciated.

Company response to consumer: Closed with explanation