Consumer complaint received 2021-12-17
Company: ENCORE CAPITAL GROUP INC.
State: WA
Product: Debt collection
Sub-product: Credit card debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Sued you without properly notifying you of lawsuit

Complaint:
On XXXX I filed a dispute with midland credit management, dispute number XXXX requesting specific information to validate this debt ( See ) ( Attachment ) ( X-1 ) ( X-1-2 ). Under Regulation F which requires Midland credit Management to furnish this specific information and answers to my questions, which is required by law, which they did not. On XXXX I received Midland Credit Managements response. I am disputing the validity of their responses as well as the validity of this debt. 

Midland states that they purchased and or acquired the debt on XX/XX/XXXX ( See ) ( Attachment ) ( X-2 ) midland also provided a statement from XXXX XXXX dated XX/XX/XXXX ( See ) ( Attachment ) ( X-3 ) that states midland acquired the debt on or about XX/XX/XXXX. Midland has shown willful intent in its misleading statement to the CFPB on the acquired debt date. Midland is in violation of regulation F. Further, what is the ONE Itemization date Midland is claiming to use required by regulation F? They have not clearly provided that date as the basis for any of their claims against me.

I requested that midland furnish when the last payment was made to the original creditor, it did not provide that date. Midland states the first date of delinquency was XXXX how did midland come to that conclusion? When was the debt considered thirty days past due? From the billing statements provided by midland page 17 of the pdf. the Last payment was made on the account onXX/XX/XXXXwith a statement date from XXXX to XXXX ( See ) ( X-4 ). Those dates make it impossible for the first 30-day delinquency to be on XXXX. When is the statute of limitations, how did they come to that date, midland failed to address those question as well or provide proof of that date. Midland has shown willful intent in its misleading statement to the CFPB. Midland is in violation of regulation F.

While midland maintains that the original contract as well as the complete payment history and full billing statements are not required under the FDCPA. It must provide the first original billing statement from the original creditor validating the time the account was opened or the original application that states when the account was approved and what address it was opened at. This is needed to validate that the account is mine in the first place as random billing statements do not validate the debt. They have supplied neither of these documents. The first billing statement provided by midland was XXXX to XXXX with an address of XXXX XXXX XXXX XXXX XXXX Idaho, is this where the original account was opened? ( See ) ( W-1 ). Midland has shown willful intent in its misleading statement to the CFPB. Midland is in violation of regulation F. Further, since midland bought the debt and no longer has the authority from the original creditor all the evidence midland has provided is hearsay in a court of law.

Midland States information by the seller XXXX XXXX bank N.A. at the time of Acquisition with no proof indicates this account originated on XX/XX/XXXX. Where is that document? What state was that opened in and what address? Midland has shown willful intent with its misleading statements to the CFPB. Midland is in violation of regulation F. further ; midland has provided No Date of birth for the account in question nor the phone number or address which it verified to be accurate that is associated for this account. ( See X-2 ) Midland states the account was charged off on XXXX. Where is the charge off statement that verifies this date? Midland supplied a billing statement dated XXXX to XXXX nowhere on this statement does it indicate that a valid charge off was completed. ( See ) ( X-5 ) ( X-6 ) Midland has shown willful intent in its misleading statement to the CFPB. Midland is in violation of regulation F.

Midland states that on XXXX it sent me a validation letter. Why would midland send a validation letter that I did not request, did I open a dispute with midland? no. Where is a copy of this validation letter? Under regulation F midland is required to maintain all records for this exact reason. To what address did you send it to? The address on the billing statements received by midland from dispute XXXX show an address of XXXX XXXX XXXX. XXXX, WA XXXX ( See ) ( X-5 ) as well as XXXX XXXX XXXX XXXX XXXX Idaho XXXX ( See ) ( W-1 ). While midland maintains the piece of mail it sent and was not returned what proof does it have it even sent the letter, what address did it send it to? Is the occupant at the addresss if any required to return to sender if the person in question does not live there, did they mark return to sender and Midland ignored it? Midland has not satisfied that I received the mail it says I did i do not live at those addresses. Midland has shown willful intent in its misleading statement to the CFPB. Midland is in violation of regulation F.

I requested that midland furnish their authority to collect the debt in state of Washington with the date of the license, the name on the license, the license number, and name, address and telephone number of the state agency issuing the license. They did not provide this information to me which is required by law. Instead, midland states that I should rest assured they are. Midland has shown willful intent in its misleading statement to the CFPB. Midland is in violation of regulation F.

Washington state RCW 19.16.110 License required. 
No person shall act, assume to act, or advertise as a collection agency or out-of-state collection agency as defined in this chapter, except as authorized by this chapter, without first having applied for and obtained a license from the director. 
Nothing contained in this section shall be construed to require a regular employee of a collection agency or out-of-state collection agency duly licensed under this chapter to procure a collection agency license. 

Midland states ( See ) ( X-2-1 ) that on XXXX this account was placed with XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX ) XXXX XXXX XXXX, XXXX Oregon XXXX. Midland states XXXX XXXX initiated a demand letter on XXXX, where is a copy of this demand letter? What address did they send it to? What authority does XXXX XXXX have to collect the debt in state of Washington? What is the date of the license, the name on the license, the license number, and name, address and telephone number of the state agency issuing the license For XXXX XXXX? Midland also states a Lawsuit was filed on XXXX By XXXX XXXX. I was never served with any registered mail or service of process for this lawsuit which is required by law. Further, I am assuming that the registered mail or the service of process was not executed because I did not live at either address, the lawsuit was not valid, if it was filed it is frivolous and without merit. The statement that midland notified me of the original debt validation letter on XXXX ( See ) ( X-2 ) that I did not request they send is invalid and in violation of regulation F. as they would know as the lawsuit was not properly served therefore invalidating that they notified me at the correct address for the original validation letter they sent on XXXX, What address did you send it to? What state and county was the suit served in. Where is a copy of this letter that you are claiming I was served and sued for? Was there a judgment? What was the judgement? Under regulation F midland must provide this information. XXXX XXXX has shown willful intent in its misleading statement on behalf of Midland credit management to the CFPB. Midland is in violation of regulation F. as well as XXXX XXXX. Further, this account from the original creditor does not show on any of my credit reports, only midland credit agency.

In closing Midland funding has NOT validated this debt as mine, due to the numerous reporting inaccuracies as well as the false statements made by Midland funding credit management. Midland Credit management has made many severe accusations toward me and violated my rights and harmed my credit. Regulation F was not followed, and midland credit management has demonstrated that the law does not apply to them. To avoid further litigation, all Collection on the account must cease and desist, and the negative trade line must be removed from the XXXX, XXXX, XXXX.

Company response to consumer: Closed with explanation