Consumer complaint received 2020-11-03
Company: ENCORE CAPITAL GROUP INC.
State: MI
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
XX/XX/XXXX, I submitted dispute letters to XX/XX/XXXX, XX/XX/XXXX and XX/XX/XXXX to verify alleged debt ( Midland Funding LLC AC # XXXX ) in accordance with the Fair Credit Reporting Act, Section 609 ( a ) ( XXXX ) ( A ). 

XX/XX/XXXX, Midland Credit Management sent a letter to me. The letter stated " We have received and processed your dispute. After reviewing the information you provided, our account notes, and information provided by the previous creditor we have found that our information is correct. We have also enclosed documents regarding the account. In order for us to further investigate your inquiry please provide the following documentation : Written explanation and documentation any errors in our account information On the opposite side of the letter, MCM 's supporting document was Basic Information with original creditor, original account number, current creditor, MCM account number, charge-off date and current servicer. No original account level documentation was included per dispute letter. MCM requested the consumer submit documentation. 

XX/XX/XXXX,XX/XX/XXXX XXXX Report # XXXX ) deleted Midland Funding LLC ( XXXX ). 

XX/XX/XXXX, XX/XX/XXXX ( via XXXX XXXX ) closed Midland Funding LLC XX/XX/XXXX, XX/XX/XXXX ( via XXXX XXXX ) closed Midland Funding LLC XX/XX/XXXX, XX/XX/XXXX ( via XXXX XXXX ) closed Midland Funding LLC XX/XX/XXXX, Midland filed a lawsuit against me. The file includes an affidavit of XXXX XXXX, legal XXXX for MCM stating to reviewed electronic data of the alleged debt and copy of statements. 

Pre-trial was scheduled for XX/XX/XXXX. The plantiff MCM, counsel XXXX XXXX, was able to state their case. The judge XXXX XXXX XXXX had presumed that MCM 's claim was valid and correct. As the defendant, I was not given the opportunity to state case and was discouraged to speak further. 

Trial set for XX/XX/XXXX. 

MCM was notified via dispute letter to verify the debt as legitimate. MCM stated it was verified by their account notes and supporting documentation. If MCM had the original account level documentation, they should have submitted the documentation to the credit bureaus. MCM did not have the documentation. Instead they are using intimidation tactics such as a lawsuit to further collect debts. As a result, XX/XX/XXXX, XX/XX/XXXX andXX/XX/XXXX removed Midland Funding LLC from my consumer credit report for failure to comply with FCRA. In addition, MCM failed to comply with FCPB Consent Order and continue to conduct themselves against the Consent Order, which is being followed by CFPB lawsuit. 

Per the CFPB Consent Order ( FILE No. 2015CFPB-0022 ) : Page 9 of 63, item 32 - Sellers typically have not provided Encore with any Consumer-level documentation Page 9 of 63, item 35 - sellers have been unable to provide documentation to Encore evidencing Consumers ' responsibility for Debt Encore was collecting Page 10 of 63, item 36 - Encore has received an average of 30,000 written disputes and complaints and XXXX oral disputes and complaints directly from Consumers in a typical month. Another approximately 100,000 Consumer disputes through e-OSCAR used by Consumer reporting agencies regarding XXXX disputes. 
Page 10 of 63, item 38 - Encore has directed personnel responsible for handling these disputes not to investigate the disputes by requesting documentation from sellers but rather " [ i ] inform the consumer that proof is required to support their claim. '' Page 14 - 17 of 63, item 54 - 64 Encore accused of Robo-signing sworn Affidavits.

Company response to consumer: Closed with non-monetary relief