Consumer complaint received 2023-11-07
Company: ENCORE CAPITAL GROUP INC.
State: MD
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- XXXX received a XXXX XXXX XXXX from me. It required Midland to provide the following : The Following information is required. Please fill out the form below in its entirety. 
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 this alleged became payable : Date of original charge off or delinquency : Was this debt assigned to a debt collector or purchased? 
Amount Paid if debt was purchased : Commission for debt if collection efforts are successful : Please attach copies of the following : Agreement with your client that grants Midland Credit Management the authority to collect this alleged debt.

Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt collector.

Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor. 
All statements while this account was open. 
Have any insurance claims been made by any creditor regarding this account? 
Yes No Have any Judgements been obtained by any creditor regarding this account? 
Yes No Please provide me the name and address of the bonding agent for Midland Credit Management, in case legal action becomes necessary : Date : ________________ _________________________ Authorized Signature of Creditor You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of receipt of this letter.

Your Claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for Validation made pursuant to the Fair Debt Collection Practices Act.

Please allow 30 calendar days for processing after I receive this information. 

The Letter also stated : I recently received communication from you attempting to collect the above-listed alleged debt. Your initial communication to me in an attempt to collect the alleged debt was within 30 days ago.

Please be advised that I hereby dispute the validity of the alleged debt listed above in its entirety. Further, I request verification of the alleged debt, specifically, a copy of a contract or agreement. Said contract or agreement must be with the original creditor and signed by all parties involved. You are illegally attempting to collect the above-listed alleged debt and money that I do not owe.

Cease and desist all collection activity, including all reporting to consumer reporting agencies. Promptly request deletion of any and all prior reporting made to any consumer reporting agencies. If you comply with my requests above within 14 days, then you are excused from verification.

Furthermore pursuant 15 USC 1692 ( e ) ( 3 ) False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney.

You, Midland Credit Management, have no right under the law to send me any type of communication whatsoever. Cease and Desist all communication immediately.

Furthermore You, Midland Credit Management are attempting to collect an alleged debt where the so called original creditor has falsely represented the character other Violations under 15 USC 1692 e that you are implementing yourself.

Violation : 15 USC 1692b ( 5 ) 15 USC 1692 ( 2 ) ( A ) 15 USC 1692e ( 3 ) 15 USC 1692 ( 6 ) ( B ) 15 USC 1692 ( 9 ) 15 USC 1692 ( 10 ) 15 USC 1692 ( 11 ) I never received the requested information. They just simply stated that their claims are valid.

ON May 26, 2023 - I mailed another letter stating the following : Midland Credit Management, you are furnishing inaccurate and incorrect information to the consumer reporting agencies.

The reporting of such inaccurate information has caused severe damage to my character, my reputation, my general mode of living and my ability to obtain credit for personal and house purposes.

You and your inaccurate reporting have damaged my livelihood.

15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 
Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact.

Prohibition : a law or regulation forbidding something As Defined by The IRS Even if you didn't receive a Form 1099-C, you must report canceled debt as gross income on your tax return.

The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate!

By Definition The IRS Clearly says a Canceled debt or Charge off is Income. The reporting of this account as a debt is inaccurate.

Citibank understood this, which is why they are not on my consumer report.

15 USC 1681 s-2 Says you, Midland Credit Management is a furnisher of information to a consumer reporting agency.

You ARE PROHIBITED BY LAW to furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/ inaccurate information immediately.

15 USC 1681 s-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate You are hereby put on NOTICE that you are furnishing incorrect inaccurate information.

The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter 1.

The above paragraph is taken directly from the IRS 2021 publication.

You, Midland Credit Management, are not the lender.

15 U.S. Code 1681s2 ( a ) Duty of furnishers of information to provide accurate information Prohibition ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) The information is, in fact, inaccurate.

In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. The information is, in fact, inaccurate. 


The continued reporting of this inaccurate information is a clear violation of the Law 15 USC 1681 s-2 of your responsibilities as a furnisher of information.

You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to Cure and DELETE This Erroneous, inaccurate account from my Consumer report.

YOU HAVE 10 Calendar days to DELETE THIS ACCOUNT FROM MY CONSUMER REPORTS!

There has been no resolution and they continue to report on my credit report and consumer report. 


Also on XX/XX/XXXX it was reported that a new address was added to my credit report by Midland that I never lived at : XXXX XXXX XXXX, XXXX, GA XXXX

Company response to consumer: Closed with non-monetary relief