Consumer complaint received 2019-08-07
Company: ENCORE CAPITAL GROUP INC.
State: DE
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 complaint must be taken serious, as my rights under the Fair Debt Collection Practices Act were violated by a Delaware law firm. I plan on filing a complaint with the Delaware Office of Disciplinary Counsel, Supreme Court of the State of Delaware. I have attached copies of documents proving that I have had a working relationship with a XXXX XXXX known as XXXX , XXXX XXXX XXXX, XXXX through a third-party business. The attached documentation will prove that there was a successful negotiation between the parties on a XXXX XXXX lawsuit. This matter was settled in a professional manner. The same third party known as XXXX XXXX XXXX was working on two additional matters, both XXXX XXXX  retail credit cards. Now here is where the problem starts. In the first place, the law firm of XXXX , XXXX XXXX XXXX, XXXX. continued with a lawsuit without my knowledge. The third-party representation submitted a limited power of attorney, copy attached. However, the lawsuits were being presented to this law firm without any evidence that the two credit cards were purchased. In XXXX of 2017 a US Supreme Court decision was handed down known as XXXX v. XXXX XXXX XXXX XXXX. This decision essentially strips all rights to a citizen that protects him/her with the Fair Debt Collection Practices Act ( FDCPA ). The decision claims that third-party ownership VOIDS the FDCPA. On face value it would appear that XXXX, XXXX XXXX XXXX, XXXX. would not have to protect my rights even during a debt mitigation process. Essentially, this firm moved forward with summary judgment on two credit cards, while my third-party was interested in settling, just as he did with the XXXX XXXX lawsuits. This complaint states that XXXX, XXXX XXXX XXXX, XXXX. has committed fraud against a citizen residing in the state of Delaware. My position is solid based upon the following criteria : 1 ) All of XXXX XXXX credit card debt portfolios are securitized, and currently the entire debt portfolio owned by securitized trusts sold within Securities and Exchange Commission guidelines is in the tens of billions of dollars. There has never been any research completed by XXXX, XXXX XXXX XXXX, XXXX. on debt ownership. Im certain all that this firm received was a letter from Midland Funding LLC that they acquired two credit card debts owed by XXXX XXXX. 
2 ) The debt buying business is the largest scam in America against American consumers. Midland Funding LLC is up to its neck in current class action lawsuits and Federal Trade Commission  complaints. Yet XXXX, XXXX XXXX XXXX, XXXX. filed lawsuits on debts not proved with a proper ownership chain. There simply is no way these credit card debts were transferred out of any securitized trust. XXXX, XXXX XXXX XXXX, XXXX. is committing fraud on all legal actions without proper due diligence of debt ownership. 
3 ) XXXX, XXXX XXXX XXXX, XXXX. has now moved forward with a garnishment procedure with my employer, stating that any/all negotiations are off the table. This is outrageous. 
4 ) XXXX, XXXX XXXX XXXX, XXXX. has asked for a fight, they will get one. Additional complaints will be filed and I will find a law firm interested in tying up XXXX, XXXX XXXX XXXX, XXXX. within a Midland Funding litigation. 
5 ) XXXX, XXXX XXXX XXXX, XXXX. in the best interest of its firm must open up lines of communication to resolve the matters by negotiation while I am still interested in such a resolution. 

Thank you for your cooperation in this matter, and a bar complaint is pending for one week only. Then I will no longer negotiate either directly or through an additional party. 

XXXX XXXX

Company response to consumer: Closed with explanation