Consumer complaint received 2024-10-04
Product: Debt collection — I do not know
Issue: False statements or representation — Attempted to collect wrong amount
Company: ENCORE CAPITAL GROUP INC. (TX)

I have asked this company Midland Credit Management XXXX XXXX XXXX XXXX acct # XXXX to send me a debt validation letter over 45 days ago by sending them a letter and have not received the letter. I also have open disputes with XXXX, XXXX and XXXX that they have placed a dispute against this company for not supplying the documents that have been requested to validate proof of this debt and ownership. The creditors have stated if the debt collector can not provide the information requested with proof, then they will have to remove it from all credit files. 

XXXX XX/XX/year> Name-XXXX XXXX XXXX XXXX XXXX XXXX XXXX TX, XXXX Phone Number XXXX Last four of my social XXXX Email XXXX In Reference to-CFPB Debt owed to Midland Credit Management XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MI, XXXX Account Number XXXX Phone Number- ( XXXX ) XXXX To Whom It May Concern : Be advised this is not a refusal to pay, but a notice that your claim is disputed, and validation is requested. Under the Fair Debt collection Practices Act ( FDCPA ), I have the right to request validation of the debt you say I owe you. I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. I would need the physical agreement/contract from the original creditor with a wet signature to bind the contract that I owe you. Being that this is a sold debt it is a breach of contract and breach of privacy policy that is in the contract selling my personal information to a debt collector. It is illegal for a debt collector to purchase and collect on a debt that is not originally theirs and a breach of all contracts and privacy acts. 
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 
At this time, I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus ( XXXX, XXXX, XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. 
I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. 
If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. 

It would be advisable that you and your client assure that your records are in order before I am forced to take legal action. 
CREDITOR/DEBT COLLECTOR DECLARATION Please provide the following : Agreement with your client that grants you the authority to collect on this alleged debt. 
Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. 
Any insurance claims have been made by any creditor regarding this account. 
Any Judgments obtained by any creditor regarding this account. 
Name and address of alleged creditor. 
Name on file of alleged debtor. 
Alleged account number. 
Address on file for alleged debtor. 
Amount of alleged debt. 
This alleged debt became payable. 
Date of original charge off or delinquency. 
Verification that this debt was assigned or sold to the collector.

Complete accounting of alleged debt.

Commission for debt collector if collection efforts are successful.

Please provide the name and address of the bonding agent for <COLLECTION AGENCIES> in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back. 
I have sent a debt validation to this company over 45 days ago requesting validation and they have not responded or provided the documents. They have not provided an original signed contract between myself and the original lender to prove that this debt belongs to me. They have not sent proof that they own this debt from purchasing it from XXXX XXXX. They have not provided me with a bill of sale, 1099-C as well. No documents have been provided with any proof of this debt that can hold me liable to this debt. This company has refused to comply with providing any further documentation of proof of debt. They have placed this on my credit damaging my credit on all 3 credit bureaus XXXX, XXXX and XXXX. This needs to be removed from all three credit files immediately and deleted. They also have placed false information on my credit file that is inaccurate stating the account is past due. There can not be an account that is past due when there is no open account with Midland Credit Management. Inaccuracies that are placed on a credit report from a debt collector or a violation of the federal law and they can be fined. I will pursue the next legal steps that need to be taken in order to have this company remove this false accused information on my credit file. This report will also be reported to the IRS so the debt collection company can be under investigation and audited to make sure they are following all state guidelines and regulations under the federal law. 
Cc Federal Trade Commision Best Regards [ XXXX XXXX ].