Consumer complaint received 2017-08-17
Company: ENCORE CAPITAL GROUP INC.
State: CO
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Re : MIDLAND FUNDING, LLC and Multiple Disputed Accounts To Whom it May Concern, Per the Midland Funding web site, you have historically indicated that in compliance with your Consumer-First reporting protocol, any collection account which is more than 2 years old, based upon the time since last delinquency, your company will cease to report to the Credit Bureaus. All of the alleged accounts which you are currently reporting to my credit files have last delinquency dates older than two years from the date of this letter, yet you are continuing to reporting them on a monthly basis, and increasing the reported balances, further damaging my credit! I have disputed all of these accounts with you in writing on multiple occasions, asking you to provide me with any contract between us, containing my signature, thereby proving that these are indeed my accounts, and that I have any contractual obligation to you. You have continued to reply to me with unrelated paperwork, and have failed to do this repeatedly. Your company also did not reply in a timely manner with the exact information that I have requested in multiple certified letters that I have sent, the most recent of which you signed for, on XX/XX/XXXX. By not replying in a timely manner to my correspondence, and failing to provide what I have requested of you for validation, not verification, you have not only violated federal and state laws, but you are continuing to report these alleged accounts inaccurately and causing me undue financial hardship. These inaccurate, unvalidated, unverified accounts that you continue to report to my credit files are causing me ongoing financial and emotional distress. They should have all been deleted long ago. Should you continue to choose to report this inaccurate data to my harm, and choose not to delete these accounts right away from all Credit Bureaus and third-party data providers, I will certainly file small claims actions against your firm for the maximum remedy provided to me by law. I have indicated this intention in correspondence with each of the Credit Bureaus as well. I am keeping detailed records of all correspondence with your firm, and the bureaus, which fully supports my position. And I will utilize it to file said claims should your continued negligence and inaccurate reporting make it a necessity. In addition, any court judgment upon which Midland Funding may be claiming to rely upon to defend their position will certainly be challenged by me in court as Void on Its Face,  lacking subject matter jurisdiction. I was unable to attend any hearings in order to defend myself, and case law which I have researched will support that any said judgment ( s ) are in fact void, based entirely upon third-party hearsay, no proof on record of a contractual obligation directly between myself and Midland Funding, and are supported primarily by unchallenged affidavits of fact which were provided to the court in my absence. By way of example of relevant case law, I offer the following : Default judgment must be proved by evidence entered on the record through a competent witness. See XXXX XXXX XXXX v. XXXX XXXX XXXX of the XXXX, XXXX XXXX XXXX ( XXXX Cir. XX/XX/XXXX ). Statements of counsel in brief or in argument ARE NOT FACTS BEFORE THE COURT AND ARE THEREFORE INSUFFICIENT FOR THE COURTS SUMMARY CONCLUSION, XXXX v. XXXX, XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX.

Company response to consumer: Closed with explanation