Consumer complaint received 2023-08-19
Company: ENCORE CAPITAL GROUP INC.
State: NJ
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened to sue you for very old debt

Complaint:
Date : XX/XX/XXXX Midland Credit Managemment, XXXX XXXX XXXX XXXX XXXX, MI XXXX To Whom It May Concern : I am writing due to the negative marks youve made on my credit file. I would be willing to accept this debt if it were mine and upon Validation and Proof of Claim but its not mine and theres no way that you can validate it. I'm sure you are aware of the provisions of the Fair Debt Collection Practices Act ( FDCPA ) so let it be known that I am requesting full validation of this debt. I am requesting proof that I am indeed the party you are asking to pay this debt, and that there is some contractual obligation which is binding on me to pay it. I request that you stop contacting me by telephone and restrict your contact with me to writing only, and only when you can provide adequate validation of this alleged debt. To refresh your memory on what constitutes legal validation, here is a list of the required documentation : Complete payment history, the requirement of which has been established by XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Please provide verification by line item ( with an explanation of each item such as when the purchase took place, how much the item was, were the goods received, when were the goods received, etc. ) for the entire amount you say I owe obtained directly from the Original Creditor. 

Date of Last Activity My full, complete and correct social security number that may help to identify me as the correct person you are trying to collect from.

Agreement that bears the signature of the alleged debtor wherein he agreed to pay the original creditor.

The obligation between you and I that allows you to collect on the alleged debt and any transactions between your company that binds me to an agreement to pay your company any money that you claim I owe.

Proof of photo identification ( i.e., driver 's license, state identification card, or other government issued identification card ) that was presented to you at the time of incurring this debt.

Letter of sale or assignment from the original creditor to your company. ( Agreement with your client that grants you the authority to collect on this alleged debt. ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  - information relating to the purchase of a bad debt is not proprietary or burdensome. Debtor must phrase their request clearly to obtain : The source of a debt and the amount a bad debt buyer paid for plaintiff 's debt, how the amount sought was calculated, where at issue a list of reports to credit bureaus, and documents conferring authority on defendant to collect debt.

Proof that this debt has not been written off as a tax liability.

Any other intimate knowledge of the creation of the debt by you, the collection agency.

I'm sure you know, under FDCPA Section 809 ( b ), you are not allowed to pursue collection activity until this debt is validated. You should be made aware that in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX, the court ruled that reporting a collection account is, indeed, considered collection activity. You should also note that this is not a request for Partial Validation but rather, its a request for EVERYTHING listed here in order to constitute full and sufficient validation of this debt.

While I prefer not to litigate, I will use the courts as needed to enforce my rights under the FDCPA and other statutes. I look forward to an uneventful resolution of this matter. 
Sincerely,

Company response to consumer: Closed with non-monetary relief