Consumer complaint received 2019-07-24
Company: ENCORE CAPITAL GROUP INC.
State: OR
Product: Debt collection
Sub-product: Credit card debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt was result of identity theft

Complaint:
A XXXX debt that was somehow in my name was sold to Midland Funding, which was the first time I heard about it, late fall early winter XXXX. According to the statements Midland mailed to me, the XXXX purchases were apparently made on XX/XX/XXXX ( invoice XXXX ) and XX/XX/XXXX ( invoice XXXX ), totaling {$630.00}, at XXXX XXXX XXXX # XXXX. I never applied for credit with XXXX and never received a card. This was identity theft. I do not know when Midland Funding bought the " debt, '' but XXXX XXXX sold the debt to Midland Funding. I have reported the ID theft to XXXX XXXX XXXX XXXX Case # XXXX ), but the officer at first said since it didn't happen in XXXX XXXX, to contact you. She is simply confused because there is a second leg to this and I hope you will investigate the whole picture. I reiterated to the officer that the XXXX credit card fraud/ID theft appears to have happened in XXXX XXXX and that the fraudulent purchases appear to have been made in the XXXX XXXX, which is in XXXX, XXXX XXXX. She appears to be making a report now but I don't know for sure. When I disputed the debt with Midland Funding, they wrote that a payment had been made on the account, and that meant the debt was " verified. '' I looked up my XXXX XXXX XXXX business  banking account and found a payment of {$72.00} made to XXXX on XX/XX/XXXX, using my business banking debit card. I did not notice that debit before then because I was extremely busy, not getting much sleep, and no time to be going over bank records every month. I also didn't know how a credit card payment could could have been paid with my business checking account debit card, as I'm pretty sure I pay for credit cards using the actual bank account information rather than the debit card. Looking at the statements Midland mailed to me, I immediately noted a few discrepancies with the account, the charges, and the payment : ( 1 ) the address on the statements was my home address, which I never used because I had a bad neighbor who was having his kids steal our mail ; ( 2 ) the statement that noted the {$72.00} payment stated it as made by phone and I NEVER IN MY ENTIRE LIFE PAID A CREDIT CARD BY PHONE ; ( 3 ) the items purchased ( I have tried to get receipts with more detail but could not because the account has been closed with XXXX  ) look like the type of items that would be easy to sell ; and ( 4 ) the items purchased were not anything I would have used at home or in the shop. I also note that I didn't buy at XXXX because being an XXXX, I shopped at XXXX XXXX if at a big box store. XXXX had more homebody products. I didn't even buy pipe at XXXX because it was made with cheap steel that had a tendency to fail. The bill is now over {$1000.00} with interest tagged on and Midland has started suit, so they are tacking on however much more for costs of suit, in addition to the {$170.00} I was forced to cough up in court fees to file an Answer to the Complaint. 

Now for the internet fraud part of the scam. There is a second debt with XXXX, still with XXXX but probably soon to be sold to Midland Funding. I never applied for or received a card for that one, either. It appears to have been opened in about XX/XX/XXXX. I recently found three emailed statements from XXXX in one of my email accounts, the one I used for XXXX XXXX I have, by the way, quit XXXX totally because of the XXXX  account ). I had not noticed the statements previously because they came from XXXX Customer Service and I didn't read them as I was getting a lot of emails from XXXX. I have researched my emails from XXXX and not one single order was in any of the amounts in the statements, and all order confirmations were accounted for, paid through my XXXX XXXX XXXX business account. XXXX 's monthly account summaries for the months of XXXX and XX/XX/XXXX, which are the two months covered in XXXX 's statements, show that I am missing order confirmation ( s ) of {$40.00} in purchase ( s ) for XXXX ; XXXX balances perfectly with my orders, nothing missing or added. This is what I think happened - someone at XXXX or Midland used the XXXX account as follows : The last statement from XXXX ( dated XX/XX/XXXX with a due date of XX/XX/XXXX ) shows a minimum payment due of {$73.00} - the {$72.00} supposed payment to XXXX plus {$1.00}. My XXXX XXXX XXXX business account debit card was saved with XXXX. I believe that either XXXX or XXXX " verified '' the bogus XXXX credit card debt in order to collect on the balance from me. To date, all entities involved have declined to tell me what phone numbers were used in the {$72.00} payment that was somehow taken from my business checking account debit card ( I have phone records from that time period ), when and how the XXXX credit accounts were opened ( any agreement, signature, contract? ), and what the exact purchases were ; or what phone numbers and addresses were given at the time those accounts were opened. I have reported the fraud to XXXX XXXX, which is investigating both accounts as fraud ; and XXXX, which is investigating the XXXX account as fraud. XXXX stated that since the account had been closed they could no longer access detailed information on the purchases made. I am in the process of drafting discovery requests ( what a waste of my time and energy ) but do not have much faith that I will get the documentation or answers I need because the attorneys for Midland are blatantly stating that Synchrony no longer owns the debt and since Midland purchased the debt it has the right to collect no matter what the circumstances. I'm assuming that means Midland will not produce any proof not in its favor. 

Of note, I tried to get the suit stopped by telling them the credit card debt was a result of ID theft and they, Midland Funding 's attorneys : XXXX, XXXX XXXX XXXX, XXXX, told me I could fill out a theft affidavit. They sent one to me finally after two requests ( I think they were trying to buy time so the case they filed against me would default ), and every page stated at the bottom " DO NOT SEND AFFIDAVIT TO THE XXXX  OR ANY OTHER GOVERNMENT AGENCY. '' I decline to give up my rights to administrative help by filling out and having my signature on their theft affidavit notarized. Isn't that an XXXX practice? Long story short, I'm reporting to the " XXXX  '' /XXXX. Of note, the Complaint filed by XXXX, XXXX for Midland does not have a contract or agreement attached, or even the XXXX 's statements. 

Fighting this thing is taking up a lot of valuable time. Also, XXXX, XXXX has not changed to my mailing address as requested, and continues to send all court documents to my home address. Because I get very little mail at the house, I did not know they had responded to my request of the court to dismiss the case for several days and I had to scramble to make up a cursory reply for service same day. I hope the Court understands.

Company response to consumer: Closed with non-monetary relief