Consumer complaint received 2023-11-22
Company: ENCORE CAPITAL GROUP INC.
State: PA
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
This company, Midland Credit Management has furnished a collection on my consumer report without allowing me to validate the debt first. This is part of the reason I am submitting this complaint today. They are attempting to collect on a debt transferred from XXXXXXXX XXXX XXXX with the account number XXXX and the balance being {$420.00}. They reported this information to XXXX and XXXX on the XXXX of XXXX and for XXXX they reported it on the XXXX of XXXX. I provided a screenshot of my consumer report. 

Under the FAIR DEBT COLLECTION PRACTICES ACT, I have the right to request and receive validation of the debt. Therefore, in order for me to validate this alleged debt, I am requesting the entire purchase agreement of this transferred contract/instrument be sent to me. I do not want just the bill of sale. Please send me the entire purchase agreement of this account or you will not be validating this alleged debt per my request. In addition to sending the entire purchase agreement, I am requesting the following items. Pursuant to 12 CFR 1006.34 please provide me with a copy of all the following : ( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information.

( 1 ) Debt collector communication disclosure. The statement required by 1006.18 ( e ).

( 2 ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collector 's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information.

( ii ) The consumer 's name and mailing address.

( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date. 
( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number. 
( v ) The name of the creditor to whom the debt currently is owed. 
( vi ) The itemization date. 
( vii ) The amount of the debt on the itemization date. 
( viii ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page.

( ix ) The current amount of the debt. 
( 3 ) Information about consumer protections.

( i ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer notifies the debt collector in writing on or before that date that the debt, or any portion of the debt, is disputed, the debt collector must cease collection of the debt, or the disputed portion of the debt, until the debt collector sends the consumer either verification of the debt or a copy of a judgment. 
( ii ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer requests in writing on or before that date the name and address of the original creditor, the debt collector must cease collection of the debt until the debt collector sends the consumer the name and address of the original creditor, if different from the current creditor. 
( iii ) The date that the debt collector will consider the end date of the validation period and a statement that, unless the consumer contacts the debt collector to dispute the validity of the debt, or any portion of the debt, on or before that date, the debt collector will assume that the debt is valid. 
( iv ) If the debt collector is collecting debt related to a consumer financial product or service as defined in 1006.2 ( f ), a statement that informs the consumer that additional information regarding consumer protections in debt collection is available on the Bureau 's website at www.cfpb.gov/debt-collection.

( v ) If the debt collector sends the validation notice electronically, a statement explaining how a consumer can, as described in paragraphs ( c ) ( 4 ) ( i ) and ( ii ) of this section, dispute the debt or request original-creditor information electronically. 

Lastly, Pursuant to Uniform Commercial Code 3-203 TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER, this item can not be in collected by you, Midland Credit Management because once the contract/instrument is transferred, the rights to collect are cancelled unless I indorse the transferred contract/instrument with you ( midland credit management ). You need an indorsement ( as described in Uniform Commercial Code 3-204 ) from me in order to lawfully collect on this alleged obligation. Otherwise, without my indorsement you CAN NOT collect. If you believe otherwise, please send me the contract in which I indorsed and you, Midland Credit Management indorsed with wet ink. 

You have 15 days after receiving letter to send me all items stated above to validate this alleged debt. If you can not send all of the requested items in a timely manner then I demand that you remove this inaccurate information from all consumer reports as it is in violation of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. If you do not, I will seek litigation for damages.

Company response to consumer: Closed with non-monetary relief