Consumer complaint received 2024-08-19
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENCORE CAPITAL GROUP INC. (FL)

Midland Credit Management has been harassing me for over 4 months now. They have sent me multiple Pre-Legal Notice letters to my home threatening to send my account to an attorney and have yet to provide me with the verification of debt that I requested via written letter back on XX/XX/year>. 

On XX/XX/XXXXXXXX XXXX XXXX XXXX I mailed a letter to Midland Credit Management requesting multiple documents and various forms of information in order to verify the debt. I have attached a copy of that letter and here is the information that I requested from Midland : Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed. 

If this debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from. 

Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? 

If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay. 

The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. 

State the amount of the debt when you obtained it, and when that was. 

If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 
If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them. 

If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 

Tell me when the creditor claims this debt became due and when it became delinquent. 

Identify the date of the last payment made on this account. 

Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. 

Details about your authority to collect this debt. 
I would like more information about your firm before I discuss the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 

If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 

In addition to this information, I also asked for a copy of the purchase agreement between themselves and the original creditor. 

Shortly after mailing this letter, I filed a fraud report with identitytheft.gov and a complaint with the CFPB to dispute this collection account on my credit report. The credit reporting company performed their investigation and resulted in the deletion of the account from my report. 

As of today, XX/XX/year>, I still have not received any of the verification information that I requested. I have spoke with representatives via phone TWICE regarding this and the first time I spoke with them, they told me that they received my letter but it would take 30 days to get the information back to me. I waited and received NOTHING. I called again after they sent me yet another Pre-Legal Notice in XXXX and they told me they sent it but it was never received. They promised me that they would send it again. 

Just a few days ago, on XX/XX/XXXX, I received yet another Pre-Legal Notice threatening for my account to be sent to an attorney. I called Midland immediately to remind them that they have yet to send me the verification of debt information that I requested 4 months ago WHICH IS WELL PAST THE 30 DAY deadline they have by law. I asked them to put a hold on the legal proceedings until they have provided with the information Ive requested but they have threatened to move forward regardless of whether I receive the verification of debt or not. The representative was also accusing me that the debt was mine and questioning why I wanted to receive verification. 

This is in direct violation of The Fair Debt Collection Practices Act ( FDCPA ) which states that if a consumer sends the debt collector a written verification request or request for information about the original creditor within a 30-day period, the debt collector must pause collecting the amount of the debt you are disputing until theyve adequately responded to your request. 

The CFPB website also states, While you can submit your dispute at any time, sending it in writing within 30 days of receiving a validation notice, which can be your initial communication with the debt collector, requires them to stop their collection activity until theyve sent you a verification that responds to your dispute. And, If you still disagree about whether a debt is yours or whether the information or amount is accurate, you may continue to dispute the debt with the debt collector.

Midland Credit Management needs to be held accountable for their scare tactics and unlawful actions. Not only are they well past the 30 day timeframe for providing verification of debt after I requested it, but they are also threatening to move forward with legal actions without performing their lawful duty of providing me verification of debt.

That being said, as Midland has violated my rights and failed to produce verification of debt, this account needs to be deleted and all legal proceedings must be put to a stop.