Consumer complaint received 2018-03-16
Company: ENCORE CAPITAL GROUP INC.
State: IL
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
I have disputed the existence of the inaccurate account on my credit file listed by Midland XXXX Midland Credit Man Management IncXXXX My previous complaint was closed with no positive recourse ( XXXX ). Midland asked for an Affiliate of Fraud. I am attaching Affiliate of Fraud.

The below-listed debt is NOT my debt. The unverified item listed below remain on my credit report in violation of Federal Law. You are required under the Fair Credit Reporting Act ( FCRA ) to have a copy of the original creditor 's documentation on file to verify that this information is my debt and is correct. In the results of your first investigation, you stated in writing that you verified that these items are being reported correctly? 
Who verified these accounts and what signed documentation was used to verify said debt? 

You stated in your reply to my Consumer Financial Protection Bureau complaint ( XXXX ) that " I said that I NEVER had an account with Midland Credit. '' This is correct, in addition, I have NEVER had an account with the original creditor XXXX XXXXXXXX XXXX  XXXX XXXX. Your company Midland XXXX/ Midland Credit Management Inc. is attempting to collect under fraudulent pretenses. I stated clearly in all of my communications with your office that I am the victim of IDENTITY THEFT and I have no financial responsibility for the debt your company is attempting to collect! 

You further state that I may not understand the term CHARGE OFF and the responsibility of the individual who owes even after the debt has been sold to a collections company such as yours. What I have a clear understanding of is that I NEVER had a debt with XXXX XXXX XXXX XXXX XXXX nor Midland XXXX nor Midland Credit Management Inc.You state that there is an underlying promissory obligation that remains valid, due and owing. I challenge your collection agency to produce any promissory note or agreement that you have with my valid signature affixed to it! Your company is breaking the law and violating my rights under the Fair Credit Reporting Act. You state that you have sent me verification on XX/XX/XXXX, and XX/XX/XXXX. You have NOT provided me a copy of ANY original documentation required under Section 609 ( a ) ( 1 ) ( A ) & Section 611 ( a ) ( 1 ) ( A ) ( a consumer contract with my signature on it ) and under Section 611 ( 5 ) ( A ) of the FCRA you are required to promptly DELETE all information which can not be verified.

The law is very clear as to the Civil liability and the remedy available to me for negligent noncompliance ( Section 617 ) if you fail to comply. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA.

In your mailings, you sent everything but proof of debt. I have written your company numerous times asking for VALIDATION as well as VERIFICATION. Your company has not produced any documentation VALIDATING nor VERIFYING that I owe XXXX XXXXXXXX XXXX XXXX XXXX, Midland Funding or Midland Credit Management Inc any debt.You asked that I produce an affidavit of fraud stating that I am a victim of Identity theft and that the identity theft was reported. This correspondence serves as your Affidavit Of Fraud. Remove derogatory listing from all credit bureaus immediately!

Company response to consumer: Closed with non-monetary relief