Consumer complaint received 2024-05-24
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC. (FL)

I am writing to file a formal complaint against Midland Credit Management , Inc. ( " Midland '' ) and to request the removal of erroneous and derogatory information from my credit report that has severely impacted my credit score and creditworthiness. 

Details of the Dispute : 1. Lack of Contractual Agreement : Midland has not provided any evidence of a " wet ink '' contract or any agreement signed by me that would establish my obligation to pay this debt. 
Additionally, there is no proof of any business or contractual relationship between myself and Midland Credit Management , Inc . 
Under the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692g, a debt collector must provide verification of the debt upon request. Midland 's failure to do so is a violation of my consumer rights. 
2. Sole Ownership of the Debt : I have documentation proving that Midland is the sole owner of the alleged debt. However, their inability to produce a valid contract contradicts their claim of ownership. Ownership of a debt should inherently include possession of all relevant records and agreements. 
According to the Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681i, only accurate and verifiable information should be reported to credit bureaus. Midland 's actions are not only misleading but also damaging to my financial health. 
XXXX. Misleading " Pre-Approved '' Offers : Midland has been sending me personal mail stating that I am " pre-approved '' for a discount program designed to save me money on the supposed debt. 
This practice is misleading and unethical, as it implies an extension of credit rather than a collection of a disputed debt. This could be construed as a deceptive practice under the FDCPA, 15 U.S. Code 1692e. 
The erroneous charge on my credit report is already harming my creditworthiness, and these misleading offers further exacerbate the situation. 
4. Previous Disputes : I have disputed the ownership of this charge twice through XXXX XXXX and XXXX apps, but these disputes have yielded no actionable results or proof. 

Request for Additional Documentation : Given Midland 's failure to provide a wet ink contract and proof of any business relationship, I am formally requesting the following additional documentation to validate the debt : 1. Detailed account statements from the original creditor showing the history of the debt, including all charges and payments.

2. A copy of the original agreement terms, including interest rates, fees, and repayment schedule.

3. A charge-off statement from the original creditor, indicating the amount and date when the debt was written off.

4. Documentation showing the assignment or sale of the debt from the original creditor to Midland Credit Management, including the transfer date and amount.

5. A complete payment history, including dates, amounts, and methods of payment.

6. Itemized billing statements for the entire period the debt was incurred.

7. Documents proving the debt is associated with my identity ( name, address, Social Security number ) Statutes Supporting My Claim : Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692g : Requires debt collectors to validate and verify the debt upon request.

Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681i : Protects consumers from inaccurate information on their credit reports and provides the right to dispute and have errors corrected.

Fair Debt Collection Practices Act ( FDCPA ), 15 U.S. Code 1692e : Prohibits the use of false, deceptive, or misleading representation in connection with the collection of any debt.

Thank you for your prompt attention to this matter. I look forward to a resolution that upholds my rights as a consumer and restores the accuracy of my credit report.