Consumer complaint received 2018-04-02
Company: ENCORE CAPITAL GROUP INC.
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
XXXX XXXX XXXX sent me a letter dated XX/XX/XXXX requesting payment for {$1100.00}. I didn't know this until I saw a negative report on my credit ( My credit Report Attached as evidence ). I sent a letter of dispute after I finally received a letter from them according to the Fair Credit Reporting Section 609 9 ( a ) ( 1 ) ( A ), you are requested by federal law to verify through the physical verification of the original signed consumer contract-any and all accounts you post on a credit report. I wanted to know what the debt was all about and to verify because their failure to positively verify the account has hurt my ability to obtain credit and caused financial hardship on my family and I, and as a result to I pay high interest. 

I sent XXXX XXXX XXXX a letter requesting for verification of the debt on a certified mail which was received and signed for on XX/XX/XXXX at XXXX ( Proof of Mail attached ). It is a violation according to Section 623 ( a ) ( 3 ) and/or the Fair Debt Collection Practices Act Section 807 ( 8 ) by not placing the disclosure within the required 30-day period on my credit report as " disputed ''.

XXXX XXXX XXXX never placed " disputed '' on my credit report after 30 days which is a violation of the law. They never responded to my dispute or investigated it. I called Midland when I didn't hear anything from them on the mail today on the phone on XX/XX/XXXX at XXXX, Central Standard time and spoke with XXXX XXXX on a  recorded line phone number XXXX. I explained myself and asked questions about the alleged debt. She told me it doesn't matter whether a dispute was put on my credit or not, but that I owe the debt. She further told me they reported negative on my report once and even though they receive the dispute letter they have forgotten to update it and she is sorry for that because it was not her fault, but yet I still owe the debt. I asked if they can violate federal law and collect on a debt. She said " yes '' they could as long as it has my identity. I asked for documents on ways on which the alleged debt can be verified because I have never had any contract with XXXX XXXX XXXX. I asked if I have ever had any contractual obligation to pay a debt with a company in which an alleged debt has never been verified or sustained. She said " they bought the debt and as long as my name is there, then I have to pay. '' I asked for a bill of sale to show and know the terms of the sale, I asked for their right of Subrogation because I have never heard about such debt. she told me the FCRA forbids them sending bills of sale to consumer that the only documents they need to show is the name and the social. I inquire about the section of the FCDPA that forbids such so I can be more specific to which she declined further comment. I was shocked at the recklessness and uncivil manner in which this company operates. Then I asked if they are license to operate business in the state of Texas where I lived. She put me on hold and never responded to that question. She seems to suggest to me that the burden of proof lies on me. Meanwhile Midland had the burden to first prove the debt was owed and accurate before the consumer had to challenge it.

I asked her since XXXX XXXX XXXX is currently in violation of federal law can they still collect money on it in spite of the violation. She said, " yes. '' That really got me shocked. Please verify my story. 

First, XXXX XXXX XXXX has violated federal law by not reporting or conducting the investigation on time and has hurt my ability to fairly obtain credit, and most times pay high interest for an unverified debt. I hereby request, based on the document presented that XXXX XXXX XXXX, delete my account and compensate me as required by law.

Second, I request that XXXX XXXX XXXXget familiar with the law and stop collection activity until they are trained as their staff is making a mess of federal law and misrepresenting. 

Finally, I want every statement I have made, and all letters to be verified in a timely manner.

Company response to consumer: Closed with explanation