Consumer complaint received 2019-10-02
Company: ENCORE CAPITAL GROUP INC.
State: NY
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
Dear XXXX, XXXX XXXX XXXX, XXXX / Midland funding LLC I am writing in response to your LETTERS dated XX/XX/2019, because I do not believe I owe what you say I owe any account ending XXXX This is the first time Ive heard any company on this matter therefore, in accordance with the Fair Debt Collection Practices Act. Section 809 ( b ) : Validating Debts : ( b ) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or any copy of a judgment, physical contract with wet signature, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. 

I respectfully request that you provide me with the following information : ( 1 ) Copy of original contract with my physical signature ( 2 ) Copy of the amount you pay to buy the debt from the original creditor ( 3 ) Proof that you are licensed to collect debts in New York ( copy of license ) ( 4 ) the amount of the debt from the original creditor, not statement or print-out ( 5 ) the name of the original creditor to whom the debt is owed. 

( 6 ) Provide a verification or copy of any judgment ( if applicable ) ; ( 7 ) Copy of any contract with my original signature between XXXX, XXXX XXXX XXXX / Midland Funding LLC and me. 

Be advised that I am fully aware of my rights under the Fair Debt Collection Practices Act and the Fair Credit Reporting Act. For instance, I know that : ( a ) because I have disputed this debt in writing within 30 days of receipt of your dunning notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense ; ( b ) you can not add interest or fees except those allowed by the original contract or state law. 
( c ) you do not have to respond to this dispute but if you do, any attempt to collect this debt without validating it, violates the FDCPA ; Also be advised that I am keeping very accurate records of all correspondence from you and your company including recording all phone calls and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the XXXX XXXX XXXX and CFPB I have disputed this debt ; therefore, until validated you know your information concerning this debt is inaccurate. Thus, if you have already reported this debt to any credit-reporting agency ( CRA ) or Credit Bureau ( CB ) then, you must immediately inform them of my dispute with this debt and request deletion. 
Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request the case be dismissed based on your failure to comply with the FDCPA. 

Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware of my dispute with this debt.

Company response to consumer: Closed with explanation