Consumer complaint received 2023-01-10
Company: ENCORE CAPITAL GROUP INC.
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I am submitting this complaint on MIDLAND FUNDING because this company is continuing to report inaccurate information to the consumer reporting agencies after I had already put them on notice that the alleged debt has not been legally validated and because of errors being furnished to the consumer reporting agencies. Since this company is the data furnisher of information to the consumer reporting agencies this company had the DUTY to delete the information from my consumer files and not report any inaccurate or incomplete information there after notice. 

XX/XX/XXXX I sent Midland Funding a debt validation request at the address they received disputes to XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXXXXXX tracking XXXX. 
XX/XX/XXXX Midland Funding received my request. After they received my request this company was still reporting new updated information to the consumer reporting agencies. Midland Funding failed to cease the collection and reporting of to the consumer reporting agencies until the debt had been properly validated by me. XX/XX/XXXX Midland sent me a response letter NOT specifying any information requiring the debt validation request I had sent. Instead they sent a response based on the indirect disputes through the consumer reporting agencies in regards to inaccurate information. Midland Funding specifies that the information they are furnishing is accurate. What really through me for a loop is the information that they included in this letter. So, Midland Funding purchased this debt from the original creditor on XX/XX/XXXX with the original charge off amount of {$8400.00}. Midland Funding has included a chart table of payments being made AFTER they purchased the debt from XXXX for the dollar amounts ranging from $ XXXX {$73.00}. Midland also states that the Total Payments/Adjustment Applied is a {$0.00} amount. How is it even possible that they claim that I made payments to there company AFTER they purchased the debt from the original creditor but then state that no payments or adjustments were made? I dont even think Midland Funding knows what there doing within there companys system. This makes absolutely NO SENSE TO ME because I have not and never had a payment arrangement in agreement to pay this debt collector anything. 
I have asked this company if they claim I made payments on this account then please provide me with the process of payments. How were the payments being made? credit card? checking account? money order? If Midland is claiming I made payments on this account then surely they have the receipts to back up there claims. 
I am aware of my consumer rights and understand there are laws to help protect consumers from debt collectors cryptic tactics to collect on items that they legally are not able to even collect on. It is not my fault debt collectors purchase debts for pennies without legal documentation. That is exactly why I chose to send them a debt validation request. Midland Funding has failed to provide me any legal validation proof that I am legally obligated to pay them and according to the FDCPA 1692c ( c ) I have every right to refuse to pay a alleged debt without proper validation. I have already made the consumer reporting agencies aware of this debt collectors illegal tactics by continuing to report this item on my private consumer files after midland received my validate request and never provided proof I owe them anything. The consumer reproing agencies refuse to delete this item even tho they are aware of the violations this company is committing. Midland Funding did NOT provide a NOTICE OF SALE, ORIGINAL CONTRACT BETWEEN MYSELF AND THE ORGINAL CREDITOR OR A PAYMENT OR AGREEMENT BETWEEN MYSELF AND MIDLAND FUNDING agreeing that I owe them anything. To my understanding without proper legal documentation this debt buyer is committing FRAUD by advertising and harassing me to coerce payment 1692d ( 4 ). 

In addition Midland Funding is furnishing different information with XXXX XXXX and XXXX. 


My XXXX report reflects the following errors and misrepresentations. 

Account Type OPEN ( validation was never produced so this account should be closed ) Loan Type FACTORY COMPANY ACCOUNT ( using another company name, other than your true identity ) Date Updated XX/XX/XXXX ( should have not been reported after validation request ) High Balance {$8400.00} ( XXXX error ) Past due {$8400.00} ( impossible on a collection account ) Estimated month and year this item will be removed XX/XX/XXXX ( XXXX and XXXX are different ) My XXXX report reflects the following errors and misrepresentations Past due {$8400.00} ( impossible on a collection account ) Balance {$8400.00} ( XXXX error ) Balance Updated XX/XX/XXXX ( should have not been reported after validation request ) Original balance {$8400.00} ( XXXX error the original charge off amount is not applicable on a collection, amount is wrong and should be {$0.00} ) Terms 1 MONTH ( not applicable on a collection account XXXX error ) On Record Until XX/XX/XXXX ( XXXX and XXXX report different ) A PAYMENT HISTORY ( not applicable on a collection account XXXX XXXX error ) My XXXX report reflects the following errors and misrepresentations Account Type OTHER ( wrong ) Balance {$8400.00} ( XXXX error ) Months Reviewed 48 ( you never produced the 48 months you claim to have reviewed ) Date Reported XX/XX/XXXX ( should have not been reported after validation request ) High Credit {$8400.00} ( XXXX XXXX error ) Date of First Delinquency XX/XX/XXXX ( XX/XX/XXXX is different from XXXX and XXXX ) Date Closed INCOMPLETE but the account says CLOSED ( incomplete information ) Amount Past Due {$8400.00} ( impossible on a collection account ) A visible Payment History ( even tho there is NO DATA reporting, a payment history is still visible and not applicable on a collection account XXXX error ) The contact information XXXX XXXX XXXX XXXX  XXXX, XXXX XXXX XXXX XXXXXXXX XXXX XXXX and contact phone number XXXX XXXX XXXX is NOT the correct contact information in regards to send a dispute to your company ) All this information was included in the direct letter I sent to them on XX/XX/XXXX tracking XXXX at there dispute address XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, XXXXXXXX XXXX XXXXXXXX. Midland Funding received my letter on XX/XX/XXXX and still failed to cease collection and reporting of information to the consumer reporting agencies. My privacy is being VIOLATED. I DO NOT VALIDATE this debt and I AM NOT PAYING A DEBT from a company that I was never extended credit from, or that I do not owe without validation proof proving I owe them. I have already disputed with the consumer reporting agencies and disputed directly with Midland Funding. Midland Funding refuses to be in FDCPA compliance. I have given Midland Funding plenty of time to supply me with legal documentation and there time has passed. Its simple, if I owed Midland Funding then Midland Funding should have no problem providing me with legal information proving that I owe them. Such documentation they do not have, therefore the collection and reporting of this account to third party consumer reporting agencies violating my privacy and damaging my credit worthiness with future financial institutions is FRAUD and ILLEGAL. I have included my latest results from XXXX and XXXX and Midland has Verified as Accurate with both agencies. Both agencies results reflect different information. 

XXXX results File number XXXX Date Issued XX/XX/XXXX Verified as Accurate Account Type OPEN ( this item should be closed because Midland hasnt provided me with a response yet and the debt has not been proven under my name legally ) having my name and address is not validation. I want the signed documents proving I agree to pay them what I claim I owe ) Balance and Past Due {$8400.00} but the Original Balance is {$8400.00} 7 Year fall off date XX/XX/XXXX. 

XXXX results Report Number XXXX Date Generated XX/XX/XXXX Verified as Accurate and Updated -NO RESULTS were provided to me to view. I had to get a new report separately. If this item was Verified and Updated like experian has generated then I should be able to view a updated report reflecting the updates. 
I got a new report XX/XX/XXXX and these are differences. 
-Activity in the Payment History on XX/XX/XXXX proving that this account is still open when it should be closed and ceased from collection and rerooting. 
A payment history ( Midland never extended me credit so we do not have a payment history ) Balance and Past Due {$8400.00} but the Original Balance is {$8400.00} On Record Until XX/XX/XXXX. 

I got a new report from XXXX on XX/XX/XXXX and the following errors show- this account is CLOSED. 
- Date of 1st deliqneucny XX/XX/XXXX causing the XXXX year reporting time to be set to XX/XX/XXXX. 
- a existing payment history with NO DATA -INCOMPELTE closed date ( but claim this account is closed ) -Past Due {$8400.00} ( I never had a contract with them so a past due does not exist. 

I have NO CONTRACT with this entity. This entity is reporting inaccurate different information but continues to verify information with the consumer reporting agencies.

Company response to consumer: Closed with explanation