Consumer complaint received 2017-03-20
Company: ENCORE CAPITAL GROUP INC.
State: IL
Product: Debt collection
Sub-product: I do not know
Issue: Disclosure verification of debt
Sub-issue: Not given enough info to verify debt

Complaint:
Please be advised that I already sent them TWO WRITTEN LETTERS asking them to remove the unverified accounts listed below that remain on my credit report in violation of 15 U.S.C. 1681. I know that they are required under the FCRA to have properly verified the accuracy of an account listed on my credit report. In the results of their first re-investigation, they stated in writing that they " verified '' that these items are being " reported correctly ''. However, they did not provide me any documents that they used to verify these accounts? What is the name of the person in the company who verified these accounts? What documents did they use to verify them? I would like them to provide me with the name of that individual, their business address, and telephone number. 

XXXX Edition, XX/XX/2009, defines " Verify '' as, 1 ) " To prove to be true ; to confirm or establish the truth or truthfulness of ; to authenticate. '' 2 ) " To confirm or substantiate by oath or affidavit ; to swear to the truth of. '' and " Verification '' as, " Confirmation of correctness, truth or authenticity, by affidavit, oath, or deposition. Affidavit of truth of a matter stated and object of verification is to assure good faith in averments or statements of a party. '' What this means is that MIDLAND FUNDING must be willing and able to produce a document in their files that proves the account ( s ) in dispute belong to me and the information being reported is accurate and they must be able to do this in a court of law if I file a lawsuit against them. Someone in their company must authenticate the documents in their files that were used to verify the disputed accounts and to do this they must have 1st hand knowledge of the alleged account ( s ) and all that has ever transpired for the alleged account ( s ), under oath and under the penalty of perjury. As I am sure that you are well aware, current Federal case law states that, Consumer Reporting Agencies bear grave responsibilities to ensure the accuracy of the accounts they report on and their responsibility must consist of something more than merely parroting information received from other sources. The Courts have also ordered that a " Reinvestigation '' that merely shifts the burden back to the consumer and the credit grantor can not fulfill the obligations imposed by 1681 ( a ) ( 4 ). 

MIDLAND FUNDING ignored my request to provide me with the documents that they have in their files that they used to verify the disputed accounts which means that they have NOT verified or they can not verify any of these accounts and under Section 611 ( 5 ) ( A ) of the FCRA - they are required to " ... promptly DELETE all information which can not be verified. '' The law is very clear as to the Civil liability and the remedy available to me for " negligent noncompliance '' ( Section 617 ) if they fail to comply with this Federal Law. I am a litigious consumer and fully intend on pursuing litigation in this matter to enforce my rights under the FCRA. I demand the following accounts be verified or deleted immediately. 

MIDLAND FUNDING Account Numbers : XXXX Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. 
Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. 
Any insurance claims been made by any creditor regarding this account. 
Name and address of alleged creditor. 
Name on file of alleged debtor. 
Alleged account number. 
Address on file for alleged debtor. 
Amount of alleged debt. 
Date this alleged debt became payable. 
Date of original charge off or delinquency. 
Verification that this debt was assigned or sold to them Complete accounting of alleged debt.

Company response to consumer: Closed with explanation