Consumer complaint received 2024-10-11
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: ENCORE CAPITAL GROUP INC. (TX)

Credit Reporting Agency XXXX RE : Demand for Immediate Deletion of Inaccurate Debt Information Dear XXXX, This letter serves as a formal demand for the immediate removal of inaccurate and unverified debt information reported by XXXX XXXX XXXX on my credit report. Despite repeated requests for validation and investigation, XXXX has continued to verify this inaccurate information without conducting proper investigations as mandated by the Fair Credit Reporting Act ( FCRA ) and Fair Debt Collection Practices Act ( FDCPA ). The failure of XXXX XXXX XXXX XXXX provide proper documentation and account statements from XXXX, when they claim the account was opened, further proves that this information is inaccurate and unverifiable. If this alleged fraudulent was opened in XX/XX/XXXX, why does all the statements begin in XXXX. Clearly a issue. XXXX would have definitely indicated if a proper investigation was done instead of excepting hush money. Ask experian for documents from XXXX and I guarantee that there are none. This is clearly an fraudulent inaccurate account that is being furnished. 

Relevant Consumer Laws Supporting My Dispute : 1. Fair Debt Collection Practices Act ( FDCPA ) - 15 U.S.C. 1692g : Under the FDCPA, a debt collector must provide proper validation of the debt, including the amount owed and evidence that the debt is valid and collectible. [ Creditor or Debt Collector Name ] has failed to provide any records or statements from XXXX, despite their claim that the account was opened that year. This failure to validate the debt is a clear violation of FDCPA.

2. Fair Credit Reporting Act ( FCRA ) - 15 U.S.C. 1681i ( Reinvestigation of Disputed Information ) : The FCRA mandates that credit reporting agencies, upon receiving a dispute, must conduct a reasonable investigation to ensure the accuracy and completeness of the information they report. XXXX has failed to conduct such an investigation, instead verifying inaccurate and unverifiable information. This failure is a violation of my rights under the FCRA. 



Case Law Supporting FCRA Violations : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : The court held that credit reporting agencies must go beyond the information provided by creditors and conduct a reasonable investigation of their own. 
XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX ( XXXX Cir. XXXX ) : The court ruled that simply relying on information provided by creditors without independent verification is insufficient and violates the FCRAs requirements for a reasonable investigation. 
3. FCRA - 15 U.S.C. 1681e ( b ) ( Requirement for Maximum Accuracy ) : Credit reporting agencies are required to use reasonable procedures to ensure the maximum possible accuracy of the information they report. The failure of both XXXX and XXXX to verify the accuracy of the information provided by [ Creditor or Debt Collector Name ], especially in light of their failure to provide proper account records from XXXX, constitutes a violation of this requirement. 
Case Law Supporting Maximum Accuracy Standard : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX. XXXX ) : The court emphasized that credit reporting agencies are responsible for ensuring the accuracy of their reports and that consumers can sue for damages when inaccurate information is reported. 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX XXXX XXXX XXXX XXXXhis case confirmed that failing to ensure maximum accuracy, particularly when inaccurate information causes harm to the consumer, constitutes a violation of the FCRA. 
4. Statute of Limitations Acknowledgment : In a letter I received from [ Creditor or Debt Collector Name ] regarding a dispute on this account, they explicitly acknowledged that they believed the statute of limitations on this debt had expired. Reporting a debt that the creditor itself believes is beyond the statute of limitations is both misleading and inaccurate, constituting a violation of FCRAs requirement for accurate reporting. 


Additional Violations and Harm : The continued reporting of this inaccurate information has caused substantial financial harm, including credit denials, higher interest rates, and emotional distress. By failing to properly investigate and correct this information, XXXX and XXXX have directly contributed to this harm. Their failure to uphold their legal responsibilities will not go unchallenged. 

Demands : I demand the immediate removal of this inaccurate and unverified debt from my credit report. This demand is supported by the creditors failure to validate the debt in accordance with the FDCPA, and XXXX failure to conduct a proper investigation under the FCRA. The ongoing verification of this inaccurate information despite clear evidence of its inaccuracy constitutes a violation of the FCRA and will be addressed in a court of law. 

If this matter is not resolved within 7 days of the receipt of this letter, I will proceed with formal legal action against XXXX, for their violations of the FDCPA and FCRA. I will seek statutory, punitive, and compensatory damages for the harm caused. Additionally, I will file formal complaints with the Consumer Financial Protection Bureau ( CFPB ) and the Federal Trade Commission ( FTC ) to ensure these violations are properly addressed. 

1. This letter serves as formal notice of my dispute. I expect written confirmation that this inaccurate account has been removed from my credit report immediately!

This letter serves as a formal demand for the immediate removal of inaccurate and unverified debt information reported by XXXX XXXX on my credit report. The information being reported is blatantly inaccurate, and XXXX has failed in their legal duty to ensure that the information on my credit report is correct. Despite repeated disputes, XXXX has continued to verify the inaccurate reporting without conducting proper investigations to ensure maximum accuracy as required by the Fair Credit Reporting Act ( FCRA ). 

XXXX XXXX claims that the account was opened in XXXX, yet they are only providing account statements from XXXX onward, which is a clear attempt to conceal the truth. I have requested account records from XXXX, but XXXXXXXX XXXX  has failed to provide any documentation or statements from that time. This lack of evidence from the creditor demonstrates that their reporting is inaccurate and unsubstantiated, and that XXXX has continued to verify false information without adequate investigation. 

It is clear that this behavior is not only misleading but also a violation of the FCRA, XXXX credit reporting agency has failed to uphold their responsibility to ensure the information they report is accurate. Instead of conducting a thorough investigation, XXXX is simply accepting whatever the creditor says, despite their financial ties, which raises significant concerns about bias and conflicts of interest.

Legal Violations : 1. Failure to Provide Account Information ( XXXX ) : The creditor claims the account was opened in XXXX, yet they have failed to provide any statements or records from that year, demonstrating that the information being reported is false and unverified. 
2. Failure to Investigate Dispute ( FCRA 1681i ) : Both XXXX and XXXX have failed to properly investigate my dispute, instead opting to verify inaccurate information without ensuring maximum accuracy. 
3. Financial Conflict of Interest : The fact that XXXX and XXXX have financial relationships with the creditor raises significant concerns about bias and their inability to provide a fair and unbiased investigation. 
4. Harm Caused by Inaccurate Reporting : This inaccurate reporting has caused substantial damage to my credit report and personal finances, resulting in credit denials, higher interest rates, and emotional distress.

I have been requesting validation of this debt in accordance with the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692g, for over 16 months. During this time, XXXX XXXX XXXX has repeatedly failed to provide the legally required validation or proof of ownership of this debt. Additionally, they have failed to make any reasonable effort to notify me properly of the alleged debt. Evidence in my possession shows that their correspondence has been returned as undeliverable. 

Even if XXXX XXXX XXXXXXXX attempts to send a validation letter now, it is too late. Their failure to provide timely validation within the legally mandated 30-day window has already caused extensive damage to my credit report and life. For 16 months, this unverified and inaccurate information has remained on my credit report, directly resulting in credit denials, financial loss, and emotional distress. 

Legal Violations : 1. Failure to Validate Debt ( 15 U.S.C. 1692g ) : The debt collector has not provided validation within the legally required timeframe, violating the FDCPA. 
2. Continued Reporting of Inaccurate Information : The ongoing reporting of this unvalidated debt is a direct violation of the Fair Credit Reporting Act ( FCRA ), which mandates that only accurate and verifiable information be reported.

3. Harm Caused by Their Actions : Due to the prolonged reporting of inaccurate information, I have faced credit denials, adverse credit terms, and significant emotional distress. This damage is directly attributable to their unlawful actions. 

Given the circumstances, I demand that this debt be removed from my credit report immediately. The delayed response from XXXXXXXX XXXX and XXXX can not undo the harm that has already been caused. I reserve the right to pursue legal action for violations of both the FDCPA and the FCRA, including claims for statutory damages, compensation for financial harm, and punitive damages for the emotional distress I have endured. 
Please understand that this letter serves as formal notice of my dispute, and I demand that you cease reporting this debt immediately. 
Supporting documentation of the letter from Midland Credit Management which clearly either dont car about the law and send false information to there consumer to change the narrative. Just on this statement alone Midland Credit Management should be brought on criminal charges I was advised by a attorney to sue Midland Credit Management immediately. There interpretation of the law is baffling. ( They wrote in the letter to address the situation they said A undeliverable notice satisfies the legal requirement of the FDCPA validation process when FDCPA clearly says the opposite. I can go on further but the lawsuit will set them straight. 
Im fully Prepared for escalation with legal counsel if the issue is not resolved.