Consumer complaint received 2023-02-27
Company: ENCORE CAPITAL GROUP INC.
State: TX
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 several certified letters to Midland asking for validation. I have not received a response, it'sbeen a year. They continue to report the debt to all 3 credit bureaus without validation with me. I do not have debt with Midland Credit. According to the Texas Finance Code Sec. 392.201 REPORT TO CONSUMER.

Not later than the 45th day after the date of the request, a debt collector shall provide to a person in its registry a copy of all information contained in its files concerning that person.

Sec. 392.202 CORRECTION OF THIRD-PARTY DEBT COLLECTOR 'S OR CREDIT BUREAU 'S FILES.

An individual who disputes the accuracy of an item that is in a third-party debt collector 's or credit bureau 's file on the individual and that relates to a debt being collected by the third-party debt collector may notify in writing the third-party debt collector of the inaccuracy. The third-party debt collector shall make a written record of the dispute. If the third-party debt collector does not report information related to the dispute to a credit bureau , the third-party debt collector shall cease collection efforts until an investigation of the dispute described by Subsections ( b ) - ( e ) determines the accurate amount of the debt, if any. If the third-party debt collector reports information related to the dispute to a credit bureau , the reporting third-party debt collector shall initiate an investigation of the dispute described by Subsections ( b ) - ( e ) and shall cease collection efforts until the investigation determines the accurate amount of the debt, if any.

( b ) Not later than the 30th day after the date a notice of inaccuracy is received, a third-party debt collector who initiates an investigation shall send a written statement to the individual : ( 1 ) Denying the inaccuracy ; ( 2 ) Admitting the inaccuracy; or ( 3 ) Stating that the third-party debt collector has not had sufficient time to complete an investigation of the inaccuracy. Reporting inaccurate information to major credit bureaus might constitute defamation of character, as the negative marks on my credit report harm my credit and prevent me from enjoying all the benefits of good credit. Either provides validation of this alleged debt and corrects all inaccurate information you have furnished to the credit bureaus or remove this disputed account from my credit reports. 

If Midland Credit had fail to respond to the validation request within 15 days from the date of receipt, all reference to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately It would be advisable that Midland Credit assure that their records are in order before I am forced to take legal action pursuant to the Texas Debt Collection Act, Texas Deceptive Trade Practices/Consumer Protection Act, Fair Debt Collection Practices Act, and Chapter 392 of the Texas Finance Code. This request is being made in order to VALIDATE a debt that Midland Credit company has never contacted me in regards to. This is an attempt to correct their records ; any and all information obtained shall be used for that purpose.

I'm sure their legal staff will agree that non-compliance with this request could put Midland Credit company in serious legal trouble with the FTC and other Texas state or federal agencies. 


Thanks, XXXX XXXX

Company response to consumer: Closed with non-monetary relief