Consumer complaint received 2018-05-09
Company: ENCORE CAPITAL GROUP INC.
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
After reviewing your mail dated. XX/XX/XXXX, I noticed so many misleading and deceptive facts. It now too late for you to correct your record as you have already violated Federal Laws on reporting. It has also becomes apparent your tactics has fallen into the class of Fraud. 

Here is your claim, MCM is servicing a debt from XXXX XXXX which XXXX XXXX bought from a company that has my name on it. Reliability and accountability in your view does not matter. And as such I should come and pay MCM. No accounting, or validation was provided and you reported it on my credit report which has cost me high interest, denial of credit, resulting in hardship for my family and I. 
I reported the act of your staff which you quickly dismiss as no fault. Your staff clearly told me they do not have to abide by Federal laws in collecting debts that as long as a name matches, it doesnt matter about accounting.

Your company has clearly violated the 30 days reporting as permitted by Federal law and you must be held accountable for it. I asked you to provide evidence of any phone call, which you have failed to provide. You know there was no phone call made because all communication is in writing and I was very clear about it. There is no hearsay without evidence. The deceptive tactics need to be proven in court. 
First, you never answered many key question in my response to your mail on ( case no. XXXX ). 
Questions like you alleged to have bought a bad debt. So how is anyone responsible for it? How are you injured? You can not afford to go buy debt on pennies on the dollars and expect to get paid in dollars. I think your outrageous unethical tactics will probably cost your company millions of dollars as I am happy to sue you for the unethical and unprofessional practice. 

Again, MCM sent me a letter with deceptive words that has this You have indicated that the following items pertain to your account, in order for us to further investigate your inquiry please provide the following documentation.

The above words on your letter to my request for validation violate Federal laws on validating a debt. I asked you to show me your right of Subrogation which you have equally failed to provide. 

Yet again, you have failed to provide me with a copy of any viable evidence, bearing my signature, showing the account is being reported accurately or whether is mine. 
Be advised that the description of the procedure used to determine the accuracy and completeness of the information is hereby requested. 
Additionally, please provide the name, address, and telephone number of each person who personally verified this alleged account, so that I can inquire about how they veri fied without providing any proof, bearing my signature. 
As per FTC opinion letter from Attorney XXXX XXXX XXXX, you should be aware that a printout of a bill or itemized document does not constitute verification. 
I am again formally requesting a copy of any documents, bearing my sig- nature, showing that I have a legally binding contractual obligation to pay you the alleged amount. 
Be aware that I am making a final goodwill attempt to have you clear up this matter. The listed item is inaccurate and incomplete, and represents a very serious error in your reporting. 


Failure on your behalf to provide a copy of any alleged contract or other instrument bearing my signature may result in a small claims action against your company. I would be seeking a minimum of {$1000.00} in damages per violation for : Defamation Negligent Enablement of Identity Fraud Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) Violation of the Fair Credit Reporting Act ( including but not limited to Section 623-b ) You will be required to appear in a court venue local to me, in order to formally defend yourself. In my previous letter, I requested for a settlement of {$2000.00} and gave you up to XX/XX/XXXX to settle with me by compensating me with such amount for violating federal laws. Since the time frame has passed, I can only accept {$2500.00} as settlement. You have up to XX/XX/XXXX to compensate me. I will also want you to provide me your registered contact to send in my law suit as I may decide to sue for a higher amount because of your willful non-compliance and deceptive tactics. 
Please furnish me your registered contact for a law suit and the registered person. Right now you have to delete my account from your record and remove it from all Credit Bureau as you are currently operating illegally. You have 5 days to delete all records. Failure on your part not to comply will be documented. 

If you wish to settle and prevent a higher amount for violating my consumer right. I may be able to listen, but please be aware that on a final note. I can only agree and accept a {$2500.00} settlement from you. Please make check payable to XXXX XXXX, XXXX XXXX XXXX XXXX # XXXX, XXXX, TX XXXX.

Company response to consumer: Closed with explanation