Consumer complaint received 2023-03-09
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:
This complaint is being filed against Midland Credit Management. XX/XX/XXXX I checked my consumer report and found this unknown debt buyer account on all XXXX of my consumer files with transunion experian and XXXX. I then sent this debt buyer a certified validation request on XX/XX/XXXX at the address specified on my consumer files Midland Credit Management XXXX XXXX Big XXXX XXXX XXXX XXXX, XXXX, MI XXXX tracking # XXXX and Midland Credit Management received my letter on XX/XX/XXXX. I have even disputed this unknown account with the XXXX consumer reporting agencies XXXX XXXX and XXXX on XX/XX/XXXX and XXXX and XXXX have generated me with results already. XXXX verified this account as accurate on XX/XX/XXXX and I have requested transunions reinvestigation procedures used to determine the accuracy of this account on XX/XX/XXXX tracking XXXX because I wanted to know how they verified the account with this debt buyer when I have not gotten a response from Midland Credit Management in regards to my direct dispute. How is it legal that a unknown debt buyer is defaming my character by accusing me of oweing them when no legal proof has been properly supplied to me? XXXX then generated me with results on XX/XX/XXXX claiming that the account has been verified it belongs to me and the account was updated. For the second time XXXX generated me with results without legal proof that this alleged debt is valid and without a response from this debt buyer. XXXX generated me with my first results on XX/XX/XXXX and experians results outcome was Updated. Such updates that XXXX did was illegal because XXXX updated the balance making it seem as tho a payment was made when no form of payment was generated on my end to this debt buyer which is a FDCPA violation of unfair practices 1692f ( 1 ). I know my consumer rights and know that without my wet signature in a binding contract with this debt buyer and myself this alleged debt is deemed to be invalid therefore unverifiable. It has been past 30 days since this debt buyer received my request and I have gotten no response and under the FDCPA the account must be deleted for failing to respond and provide proper evidence within 30 business days 1692g ( b ). This debt buyer did not provide me any information regarding the account with the original creditor, possibly because this debt buyer does not have such information within there system. If this account is deemed to be verified legally under my name, then I want proper validation proof including the original SIGNED contract between myself and the original creditor, the binding contract oringally SIGNED by myself between me and this alleged debt buyer clearly specifying our payment arrangement and agreement. I want proof of the original date of delinquency date that occurred with the original creditor. I want proof of the Last Payment Made that led to the delinquency of the account with the original creditor. I want proof of the Original Charge Off date on the account with the original creditor. I want proof of the Original bill of sale from the original creditor explaining that Midland is the current owner of the debt including the amount that was purchased for, the account number and on what date the debt was acquired on. I want a response if this debt buyer Midland reports a past due dollar amount remark as the status or payment history to the consumer reporting agencies. I want a response if this debt buyer describes themselves as any other entity other than there true identity as a debt buyer. To my understanding the original creditor does not have this information on file within there systems no longer because they have given up all collection rights by selling the accounts information to this debt buyer. Since this debt buyer wants to act like this alleged debt under my name is valid by responding to the consumer reporting agencies and verifying the account with them then such important information I have requested from them should have no problem with providing it to me, the consumer whom the reports relates. How else is Midland Credit suppose to Verify the accuracy on each reported field to the consumer reproing agencies without the original accounts information as proof? The way this account is reporting to the consumer reporting agencies, this debt buyer is misrepresenting themselves as a creditor by reporting a past due dollar amount, a payment history and misrepresenting themselves as another company name ( XXXX XXXX Account ) other than there true identity as a debt buyer which is a clear FDCPA violation 1692e ( 14 ). Midland Credit is also reporting XXXX different 7 year federal removal dates with XXXX XXXX and XXXX further more proving that Midland does NOT have the correct date of delinquency date in there systems as described in 1681c ( c ) with respect to any delinquent account, in which the date of delinquency date that occurred with the original creditor still applies to this debt buyers legal 7 year reporting period. XXXX reports the 7 year removal date XX/XX/XXXX and XXXX verified this account as accurate. XXXX reprots the 7 year removal date XX/XX/XXXX and XXXX reports the date of delinquency date XX/XX/XXXX resulting the account to be removed from XXXX on XX/XX/XXXX. Thats 3 different months this one account will be removed in XXXX? This is a blatant error and since transunion wants to claim that the account has been verified as accurate with a removal date XX/XX/XXXX, then that means XXXX and XXXX are reporting inaccurate information, in which how could they then when all 3 consumer reporting agencies get information LEGALLY for one data furnisher and no other entity to make the reinvestigation on this one account to have been done properly and thoroughly? I feel as tho Midland Credit Management is in clear violation of the FDCPA and making me and other creditors feel as tho coerce payment is necessary on this unvalidated debt because of the advertisement midland is displaying on my consumer reports, I feel as tho I am being harassed and attacked to pay a alleged debt with a unknown debt buyer without legal documentation that shows this debt buyer is the legal owner of the alleged debt, when I legally am not obligated to pay them without proof 1692d ( 4 ). I am not asking for verification this debt buyer has my name and mailing address such information is not proper and legal validation that I owe this alleged debt buyer anything. A itemized of charges or billing statement is also NOT proper validation either. According to the FDCPA 1692c ( c ) I have full right o refuse to pay a alleged debt without proper legal validation and I stand by my legal protective right to do so.

Company response to consumer: Closed with explanation