Consumer complaint received 2024-05-30
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: ENCORE CAPITAL GROUP INC. (MN)

I received a pre-legal notification from Midland Credit Management on XX/XX/year> claiming that I owe {$2200.00} related to an original creditor. They stated in the letter that if they do not hear from me or receive payment by XX/XX/year>, they would consider forwarding my alleged account to an attorney in my state for possible litigation. Also, Midland has tried calling me during inconvenient times under the name MCM ( I have caller ID ) on XX/XX/year> at XXXX, XX/XX/year> at XXXX, and XX/XX/year> at XXXX. I could not answer the phone because I was in school the first date, and at work the other dates. Per my work policy, cell phone use is prohibited and failure to comply, there will corrective action. I am seeing patients during those times and work long shifts. Midland had put me at risk at my job as I carry my phone with me for emergencies. Regarding the pre-legal notification letter, the letter was dated XX/XX/year>. I did not receive it certified mail, nor was it received on time. This had put me in emotional distress because this is the first letter I received from them. I did not receive an initial letter from them, only the pre-legal notification by mail, which was not certified mail. Per advice from a trusted source, I mailed via priority mail/certified with return receipt requested on XX/XX/year>, a debt validation letter to Midland Credit Management . It was received and return receipt was signed on XX/XX/year>. I have proof of this. In that letter I requested : Pursuant to the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692g, I request that they provide me with the following information : 1. An Official Affidavit of Debt 2. Proof of Ownership i.e. Chain of Custody 3. A copy of the original contract or agreement with my wet ink signature.

4. Full Accounting Records PUBLIC and Private in accordance with GAAP ( Generally Accepted Accounting Principles ) 5. Verification of the agency 's authority to collect this debt.

I also had disputed that I had not received any initial notification from Midland regarding this debt. As the initial letter was not sent nor received via certified mail, return receipt requested, I have no proof that I ever received it. I advised for them to please also provide proof of mailing and verification of the agency 's authority to collect this alleged debt. I finished the letter stating to please provide the requested information within 30 days of receipt of the letter ( 5/14/24 it was received ). I had advised that if I do not receive a response or if the information provided is incomplete, I will consider this alleged debt to be invalid and may take further action to protect my rights per the FDCPA. 

Today on XX/XX/year> I received a packet, first class mail addressed to me in my mailbox. It was also not sent certified mail nor was a signature requested from me. They claimed in the letter after " reviewing the information you provided, our account notes and information provided by the previous creditor, we have concluded that our information is accurate. We have enclosed documents regarding the account. Which said documents only are long transaction statements. They also provided " additional information '' which only described the date the credit card account was opened, etc. They did not provide the information I requested, nor did they prove that they sent me an initial letter claiming I owe this debt to them.

Per 18 U.S. Code 894- Collection of extensions of credit by extortionate means. ( which they have done so with the pre-legal notification, and did not provide the information I requested per my right under the FDCPA 15 U.S.C. 1692g ) to punish any person for the nonrepayment thereof, shall be fined under this title or imprisoned not more than 20 years, or both.