Consumer complaint received 2019-01-29
Company: ENCORE CAPITAL GROUP INC.
State: NY
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I have tried numerous time to validate this debt correctly with MIDLAND FUNDING LLC unsuccessfully. I have asked to show proof of allege debt and that they owned the debt. Recently they provided documentation that they do, but all is showing are credit card statements from 4-5 years up until that last bill statement showing a payment due date of XX/XX/2016. Your are also showing a bill of sale assignment from XXXX XXXX XXXX XXXX which I have no idea who this company with a closing date XX/XX/2016, and a purchase and sales agreement between XXXX XXXX XXXX and Midland Funding LLC XX/XX/2016. 

If the last bill statement from XXXX is showing a payment due date XX/XX/2016 how could a company that I have no knowledge ( XXXX XXXX XXXX XXXX ) of enter into an agreement to sell right away to Midland Funding, the account allegedly dated XX/XX/2016 with a closing date XX/XX/2016. If this account was valid, it would not had been sold within 30 days of the payment due date. Furthermore it should had been sold to XXXX XXXX XXXX XXXX first. 

Be advised this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 ( 8 ),  stating your claim is disputed and validation is requested. 

This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to the above-named Title and Section. I respectfully request your offices provide me with competent evidence that I have any legal obligation to pay you. 

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major credit bureaus ( XXXX, XXXX  or XXXX  ) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Credit Reporting Act Violation of the Fair Debt Collection Practices Act Defamation of Character Please provide all of the following information and submit the appropriate forms and paperwork within 30 days from the date of your receipt of this request for validation. 

Name and Address of Alleged Creditor : Name on File of Alleged Debtor : Alleged Account # : Address on File for Alleged Debtor : Amount of alleged debt : Date that this alleged debt became payable : Date of original charge off or delinquency : Was this debt assigned to debt collector or purchased? 

Amount paid if debt was purchased : Commission for debt collector if collection efforts are successful : Please attach a copy of the agreement with your client that grants ( Collection Agency Name ) the authority to collect this alleged debt. Also, please attach a copy of any signed agreement debtor has made with debt collector, or other verifiable proof debtor has a contractual obligation to pay debt collector. 

Please attach a copy of any agreement that bears the signature of debtor, wherein he/she agreed to pay creditor. 
Please attach copies of all statements while this account was open. 
Have any insurance claims been made by any creditor regarding this account? YES or NO ( circle one ) Have any judgments been obtained by any creditor regarding this account? YES or NO ( circle one ) Please provide the name and address of the bonding agent for ( Name Of Debt Collector ), in case legal action becomes necessary : The documentation you previously provided does not validate this debt according to Fair Debt Collection Practices, therefore I needs to be deleted from all credit bureaus immediately. I have attached a copy of the document provided by Midland Funding which does not support what it was requested and incorrect dates information that does not make sense.

Company response to consumer: Closed with explanation