Consumer complaint received 2021-08-04
Company: ENCORE CAPITAL GROUP INC.
State: NV
Product: Debt collection
Sub-product: Credit card debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
I sent MIDLAND CREDIT MANAGEMENT a cease and desist order with a debt validation letter attached on XX/XX/21. The letters were sent certified mail with a green receipt number XXXX XXXX XXXX XXXX XXXX. I received my green card back on XX/XX/21 and it shows that both letters were received by an individual whose signature is illegible on XX/XX/21. Furthermore, this individual is an uninterested party in this matter. In my cease and desist I demanded that MIDLAND CREDIT MANAGEMENT send me an audit trail, respond to the debt validation letter that was attached, and send me ALL documentary evidence so that I can exercise my right in validating the alleged debt that MIDLAND CREDIT MANAGEMENT claims that I owe them. It has been 12 days and I still haven't received any of my demands in writing. Congress finds that this is a violation of 15 USC 1692g ( a ) which states that within 5 days of initial communication with the consumer the debt collector must send the consumer a written notice containing the amount of the debt, the name of the creditor to whom the debt is owed, a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector, a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector, and a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. MIDLAND CREDIT MANAGEMENT is also in violation of the FCRA ( Fair Credit Reporting Act ). I never entered a consumer credit transaction with MIDLAND CREDIT MANAGEMENT, therefore, I did not share ANY of my private information with this corporation. So it's unclear to me how they received my private information. MIDLAND CREDIT MANAGEMENT is liable for committing identity theft. On my consumer reports/files MIDLAND CREDIT MANAGEMENT states that, " account information disputed by consumer, meets FCRA requirements '' these statements are false. I did not give MIDLAND CREDIT MANAGEMENT written or oral consent to furnish information to my consumer reports/files nor was I given an option to opt out of my private information being shared. I never received ANY written notices from MIDLAND CREDIT MANAGEMENT or any original copies of documentary evidence or contractual agreement that proves their claims that I owe them the alleged debt or I am obligated to pay them anything. MIDLAND CREDIT MANAGEMENT is committing fraud and invading my consumer rights to privacy. This corporation purchased an alleged debt that they were not entitled to and then furnished it on my consumer reports. MIDLAND CREDIT MANAGEMENT has also caused me embarrassment, defamed my character both libel/slander, and harmed my credit worthiness and reputation by furnishing false financial information on my consumer reports/files. Furthermore, I have never done business with MIDLAND CREDIT MANAGEMENT so I would like to know how they received any of my private financial information. I would also like to know who gave them consent to contact me or report anything to my consumer reports/files. MIDLAND CREDIT MANAGEMENT is violating a number of federal laws, they are liable for committing fraud and identity theft. I need answers and this matter needs to be resolved immediately so that I am able to reclaim my credit worthiness.

Company response to consumer: Closed with explanation