Consumer complaint received 2021-03-23
Company: ENCORE CAPITAL GROUP INC.
State: TX
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
XX/XX/XXXX Midland Credit Management responded to my complaint to CFPB ( # XXXX ) and falsely stated that : You also express a concern that we have ignored your requests for validation. A review of our records indicates that we have not received your correspondence sent on XX/XX/XXXX via certified mail ; in fact, no correspondence was received directly from you regarding the above-referenced account prior to the complaint filed through the CFPB. '' The Certified mail receipt dated XX/XX/XXXX and the letter which was sent is attached to this complaint. Midland Credit Management , Inc. is in direct violation of 15 U.S.C. 1692e ( 6 ) ( A ) ( B ) by making this claim. XXXX was asked in the certified mailed letter for specific validation documentation and proof that I entered into a contract with MIDLAND CREDIT MANAGEMENT , INC. for an alleged Debt of {$1600.00}. Pursuant 15 U.S.C. 1692 ( c ) ( c ) If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except : 1. to advise the consumer that the debt collectors further efforts are being terminated ; 2. to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or 3. where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. 
If such notice from the consumer is made by mail, notification shall be complete upon receipt. 

Midland Credit Management is in direct violation as they : did not respond in writing. 2. did not respond within the ( 30 ) day period. 3. Continued to furnish invalid information to CRAs.

Midland Credit Managements attempt to furnish this information after the fact via CFPB response XX/XX/XXXX is direct violation of15 U.S.C. 1692g ( a ) ( b ). 

In my complaint I also referred to the harassing phone calls from Midland Credit Management , Inc., in direct violation of 15 U.S.C. 1692d ( 5 ) ( 6 ). 

Furthermore, MIDLAND CREDIT MANAGEMENT , INC. a debt buyer, stated in its response ; Information provided by the seller, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, at the time of acquisition indicates this account originated on XX/XX/XXXX, as a XXXX XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX account number ending in XXXX, in the name of XXXX XXXX, under the last four of the social security number XXXX.

The definition of a credit card under 15 U.S.C. 1681 is the same as it is under 15 U.S.C. 1602 ( I ) which is the term credit card means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. Notice congress said ANY card. The credit card is my social security card. This is the credit card I use to originate the consumer credit transaction with XXXX XXXX XXXX. At the time of Midland 's acquisition, I did not owe any debt to XXXX XXXX XXXX. I am the original creditor as XXXX XXXX XXXX gained a loan under my name as can be proven in an audit trail according to GAAP ( 12 USC 1431 ). 
I refute the debt claim of {$1600.00} made by MIDLAND CREDIT MANAGEMENT , INC. and seek remedy for each violation in the amount of {$6000.00}.

Company response to consumer: Closed with non-monetary relief