Consumer complaint received 2017-08-17
Company: ENCORE CAPITAL GROUP INC.
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
A request for validation made pursuant to 15USC 1692g Sec. 809 ( b ) of the FDCPA was sent to the credit bureaus XX/XX/XXXX certified mail USPS for the alleged debt with midland credit management/ midland funding llc asking them to " validate '' and NOT verify the alleged debt by providing a signed contract between myself midland and the original creditor. I did not receive what was asked for because no contract exists. I do NOT owe money to Midland Credit Management /Midland Funding LLC . I am not responsible for this debt there is NO CONTRACT with their company. Midland is continuing to report invalidated information to the 3 bureaus and this is fraud under both federal and state laws and does constitute me bringing legal action against Midland for violation of the FDCPA and Defamation of character.
I too take this complaint very serious as this is affecting MY credit and keeping me from purchasing a home and from getting specific jobs that I am qualified for so this is absolutely no inconvenience to anyone but myself. Midland has mailed me the following correspondence to my address in which I have attached. The BBB complaint is also attached in which they never responded to my final resolution to this issue. They STILL have yet to provide adequate proof to validate this alleged debt. Statements ARE NOT validation and the Bill of Sale with information blacked out or not means absolutely nothing and only looks pretty on paper. As previously asked ... they were to send me a contract between myself, the original creditor, and midland that I have signed. I have NOT received this contract because they do not have it and it does NOT exist. Also, midland does n't have a notarized affidavit of verification from the original creditor. If a contract does exist, it would be between myself and the original creditor and NOT myself, the original creditor and midland. So, midland would NOT be a party with any interest to protect and therefore can NOT subrogate onto a contract without my request for them to do so. Midland would be a stranger to any contract and always will be. I am NOT obligated to pay for the alleged debt.
The right of subrogation does not exist for a stranger to the transaction. XXXX XXXXXX/XX/XXXX, Section 90.
Meaning, There is no right to substitute someone or some entity that was not on an original contract. It is not allowed.
I have NOT signed a contract with Midland Credit Management nor do I know who they are. I have NOT nor have I EVER received services from Midland Credit Management. I DO NOT owe a dime nor penny or anything more to Midland Credit Management. Furthermore, Midland states that the date of first default isXX/XX/XXXX. The original creditor XXXX XXXX is incorporated in Delaware and the statute of limitations for Delaware is " 3 years ''. Based on today 's date of XX/XX/XXXX 3 years from the date of first default XX/XX/XXXX has passed and it is now time barred. Case law says the collector ( midland ) are not allowed claim a better position than the original creditor. Midland you are completely and totally breaking the law and that is fact.

Company response to consumer: Closed with explanation