Consumer complaint received 2024-09-09
Product: Debt collection — I do not know
Issue: Threatened to contact someone or share information improperly — Talked to a third-party about your debt
Company: ENCORE CAPITAL GROUP INC. (TX)

Midland Credit Management Attn : Customer Service XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Subject : Formal Demand for Debt Validation and Account Removal Account Numbers : XXXX, XXXX Midland Credit Management, This letter serves as a formal demand for Midland Credit Management , Inc. ( hereinafter XXXX ) to cease all collection activities on the above-referenced accounts and provide me with full and complete validation of the alleged debts, as required under federal law, specifically the Fair Debt Collection Practices Act ( 15 USC 1692g ). Additionally, your failure to comply with federal standards under 12 U.S.C. 1831n ( a ) ( 2 ) ( A ) and 12 CFR 741.6 ( b ), which mandate adherence to Generally Accepted Accounting Principles ( GAAP ) and Generally Accepted Auditing Standards ( GAAS ), further compounds your violations. 

REQUIRED DOCUMENTS FOR VALIDATION Pursuant to federal law, the following documentation is required for proper debt validation. You are hereby ordered to provide : IRS Documents : Full disclosure of any IRS forms ( such as XXXX, XXXX ) filed in relation to this debt, which have not been disclosed to me. 
XXXX XXXX XXXX : A comprehensive, itemized accounting ledger that details the amount you allege I owe, including all fees, charges, principal, and interest accrued. 
Original Signed Contract : A copy of the original contract or agreement bearing my wet ink signature, which shows I agreed to the alleged debt.

Identity of the Original Creditor : Complete details of the original creditor, including their contact information, and evidence showing the debt 's transfer or assignment to XXXX. 
Statute of Limitations : Proof that the account is still within the statute of limitations in my jurisdiction, supported by all pertinent legal documentation.

Proof of Licensing : Proof that Midland Credit Management is licensed to collect debt in my state, including your license number and the registered agent handling your affairs in my jurisdiction. 
Detailed Calculation : A clear explanation of how the debt amount was calculated, including any fees or interest added to the original balance. 
Documentation of Any Payments Made : Complete documentation of any payments made toward this debt and their impact on the outstanding balance. 
Proof of Authority to Collect : Documentation showing that XXXX has the legal right to collect on this debt, including the chain of title from the original creditor to XXXX. 
Copies of All Correspondence : Copies of any communications between XXXX and any credit reporting agencies or any other entity related to this debt. 
Confirmation of Statutory Compliance : Confirmation that XXXX has complied with all statutory obligations in reporting this debt, including confirmation that all necessary consumer protections were followed during your initial investigation and reporting of this alleged debt. 
Simply sending a billing statement to an unknown address does not satisfy the validation requirements under federal law. Until you provide all the documents listed above, you have no legal standing to continue collection efforts. 
** ( Actual Documentation Is Requested And Required under FCRA ) CERTIFICATION OF FACTS Fact : Pursuant to 15 U.S.C. 1681a ( c ), I declare that I am the consumer in fact, a natural person, the creditor, lender, executor, administrator, and holder in due course of any and all derivatives thereof for the surname/given name. I have been appointed and accepted as both the executor in public and private matters, and I hereby assert my right to act as the agent and attorney in fact in this case unless civil lawsuit is pursued. 
Fact : Under Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( i ), it is clear that a consumer report should NOT include transactions between the consumer and the person making the report. Your inclusion of this alleged transaction, without investigating its authenticity, is a direct violation of this provision.

Fact : According to Title 15 USC 1681a ( d ) ( 2 ) ( A ) ( iii ), I was never given the opportunity to dispute this alleged debt before it was included in my consumer report, another violation of my rights under the Fair Credit Reporting Act ( FCRA ). 
Fact : Pursuant to Title 15 USC 1681a ( e ), the production of an " investigative consumer report '' requires obtaining information about a consumer 's character, reputation, personal characteristics, or lifestyle through interviews with friends, neighbors, or associates. This was never conducted in relation to me.

Fact : As a natural person and the original creditor, I extend my open-ended credit to eliminate any verified debt, and I hereby demand that all valid debts be verified and documented on record with a wet ink signature, per legal requirements. 
Fact : I have no verified evidence or knowledge of the alleged debts listed under accounts XXXX and XXXX in your companys records or any of its affiliates or third-party agents. 
Fact : I am an eyewitness to the fact that these allegations against my name are false. I demand immediate documented verification of any and all alleged debts related to me as a consumer. 
Fact : I do not know any of the alleged creditors or debt collectors. I have never entered into any agreements or contracts with them involving any valid, verified debt.

Fact : I have never met with, sat across from, or agreed to any terms with the alleged creditors or debt collectors, nor have I ever entered into any legal contracts with them involving a meeting of the minds. 
Fact : There is no valid, direct, verified contract between me and any party regarding this alleged debt, as evidenced by the lack of any wet ink signature. Any attempt to collect this debt is indirect, unlawful, and unsupported by verified documentation. 
Fact : Any alleged contract you are attempting to enforce is fraudulent, and attempts to enforce a fraudulent contract are unlawful. Your failure to provide the requested documents within the legal timeline will leave me no choice but to seek damages under 15 U.S.C. 1681m. 
DEMAND FOR IMMEDIATE REMOVAL AND DELETION As the facts clearly indicate, you have failed to meet the legal requirements to validate these alleged debts. I hereby demand the immediate removal and deletion of accounts XXXX and XXXX from all credit reporting agencies and your internal records. You have seven ( 7 ) business days from the receipt of this letter to : Immediately delete and remove the referenced accounts from my credit file. 
Provide written confirmation that these accounts have been deleted and removed from all reporting agencies, including any action taken with credit bureaus ( XXXX, XXXX, XXXX, etc. ). 
Cease and desist all collection efforts on the alleged debts immediately. 
IMMINENT LEGAL ACTION Should Midland Credit Management fail to comply with the demands outlined in this letter within seven ( 7 ) business days, I am fully prepared to pursue legal action for civil liability under 15 U.S.C. 1681n. This statute allows for civil penalties against any entity that willfully furnishes inaccurate information to credit reporting agencies or fails to follow proper validation procedures as required under the Fair Credit Reporting Act ( FCRA ). Civil liability may include : Actual damages sustained by the consumer as a result of the violations. 
Statutory damages of up to {$1000.00} per violation. 
Punitive damages as deemed appropriate by the court. 
Costs and attorneys fees incurred in enforcing my rights. 
Failure to act will result in my legal team proceeding with a lawsuit to recover damages, penalties, and all costs associated with the continued reporting of inaccurate and unvalidated information on my credit file. This letter serves as final notice of my intent to pursue legal remedies if your non-compliance persists. 

I do not consent to any automated responses, including e-OSCAR verification methods. You are required to comply with federal law and fulfill your obligations without delay. 

CERTIFICATION I certify under penalty of perjury under the laws of the United States of America, pursuant to 28 U.S.C. 1746 ( 1 ), that the foregoing is true and correct to the best of my knowledge and belief.