Consumer complaint received 2024-08-11
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: ENCORE CAPITAL GROUP INC. (PA)

TO WHOM IT MAY CONCERNED THIS ACCOUNT IS INVOLVED IN A CIVIL LITGATION WHEN IT SHOULD BE GOING THRU ARBITRATION DUE TO AN ARBITRATION CLAUSE THAT MIDLAND CREDIT MANAGEMENT AND THE ORIGINAL HOLDE OF ACCOUNT HAVE. 

have not supplied proof under the doctrine of estoppel by silence, Engelhardt v Gravens ( Mo ) 281 SW 715 719. I may presume that no proof of the alleged debt, nor therefore any such debt in fact exists. 

XXXX. **Debt Collection and Validation Failure** Midland Credit Management has reported accounts on my credit reports without providing me with the necessary validation of the debt, as required by 15 U.S. Code 1692g. Specifically, I did not receive a notice of debt collection or validation of the debt. This failure to provide required documentation violates my rights under the Fair Debt Collection Practices Act ( FDCPA ), which mandates that debt collectors must send a written notice within five days of their initial contact.

2. **Arbitration Clause and Legal Proceedings** The account in question was originally held with WebBank/Fingerhut and has since been transferred to Midland Credit Management. As per the legal precedent set in XXXX XXXX Midland Credit Management XXXX XXXX ( No. XXXX - Document XXXX ( XXXX XXXX ) ), Midland Credit Management holds the right, title, and interest to these accounts, including the right to enforce arbitration clauses. The arbitration clause, as outlined in their agreements, mandates binding arbitration for disputes. 

Despite this, Midland Credit Management is pursuing legal action against me in a civil court in XXXX. This is contrary to the arbitration clause stipulated in their agreements, which is meant to resolve disputes through arbitration rather than court proceedings. 

XXXX. **Consumer Rights and Arbitration Clauses** According to Midland Credit Managements arbitration clause : - Any dispute or claim related to the account must be resolved through binding arbitration rather than court proceedings. - The arbitration clause is designed to replace the right to a jury trial and restricts the resolution of disputes to individual cases rather than class actions. 

It appears that Midland Credit Management has not adhered to this arbitration provision, which significantly affects my legal rights. 

XXXX. *XXXX XXXX XXXX XXXX* Under the principle of " volenti non fit injuria, '' which means " to one who is willing, no harm is done, '' I do not owe this debt, as I have not been provided with proper validation. Additionally, the pursuit of legal action in court contradicts the binding arbitration agreement that governs this account. 

In light of the above, I respectfully request that the CFPB investigate these issues and take appropriate action to ensure that Midland Credit Management complies with federal debt collection regulations and their own arbitration provisions. I also request that the CFPB assist in addressing the inaccuracies on my credit report resulting from Midland Credit Managements actions. 

Enclosed with this letter are copies of relevant documents, including my credit report showing the disputed accounts and any correspondence related to the debt collection efforts. Please let me know if additional information or documentation is required. 

Thank you for your prompt attention to this matter. I look forward to your assistance in resolving these issues. 

Sincerely, XXXX, XXXX Enclosures : Credit Report with Disputed Accounts Highlighted Midland Credit Management Arbitration Agreement page XXXX. 

Documentation Related to Legal Proceedings : XXXX XXXX XXXX XXXX PENNSYLVANIA XXXX XXXX XXXX XXXXXXXX XXXX Terms Agreement-Arbitration pages XXXX