Consumer complaint received 2024-06-14
Product: Debt collection — I do not know
Issue: Took or threatened to take negative or legal action — Sued you without properly notifying you of lawsuit
Company: ENCORE CAPITAL GROUP INC. (NY)

XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Email : XXXX Phone : XXXX XX/XX/XXXX State of New York New York State Department of Financial Services XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX, NY XXXX Re : File Number XXXXXXXX XXXX  Matter # XXXX To Whom it May Concern : I am writing in response to the letter from XXXX XXXX XXXX XXXX. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, dated XX/XX/XXXX. Contrary to XXXX XXXX claims, my complaints are not merely allegations but are supported by concrete evidence and reflect serious violations of federal and state laws. 

Specific Issues and Violations : XXXX. Initiating Legal Actions Based on Inaccurate and Unverifiable Debt Claims : Complaint Reference Number : XXXX Violations : FDCPA, FCRA, XXXX XXXX XXXX 
Evidence : XXXX initiated legal actions without providing accurate and verifiable debt claims. The lawsuit filed on XX/XX/XXXX, under Index # XXXX, is based on debt claims that were not properly substantiated. 
XXXX. Denial of Relief Due to the Pandemic : Complaint Reference Number : XXXX Violations : FDCPA, FCRA. 
Evidence : XXXX denied relief options available during the pandemic, which led to derogatory reporting and predatory fees, exacerbating the financial distress caused by the pandemic. 
XXXX. Predatory Fees and Continued Reporting of Outdated Information : Complaint Reference Number : XXXX Violations : FDCPA, FCRA, XXXX. 
Evidence : XXXX engaged in the collection of predatory fees and continued reporting outdated information, causing significant damage to my credit report and violating federal and state regulations. 
XXXX. Attempted Collection of Debt Not Owed Without Verifying the Debt : Complaint Reference Number : XXXX Violations : FDCPA, FCRA. 
Evidence : XXXX attempted to collect a debt not owed, without verifying the debt, as mandated by the FDCPA. The Model Validation Notice sent on XX/XX/XXXX and subsequent communications failed to provide adequate verification of the debt. 

Summary of Violations : XXXX XXXX XXXX XXXX, XXXX : Complaint XXXX : XXXX violations ( FDCPA, FCRA, NY XXXX XXXX ) Complaint XXXX : XXXX violations ( FDCPA, FCRA ) Complaint XXXX : XXXX violations ( FDCPA, FCRA, TCPA ) Complaint XXXX XXXX XXXX violations ( FDCPA, FCRA ) XXXX : Complaint XXXX : XXXX violations ( FCRA, FDCPA ) CFPB Complaint : I have filed a complaint against XXXX with the CFPB and have yet to receive a response regarding their relationship with XXXX and the substantiation of the debt claims. 
Midland Funding : Complaint XXXX : XXXX violations ( FDCPA, FCRA ) Total Number of Documented Violations : XXXX XXXX XXXX XXXX XXXX XXXX : XXXX violations XXXX : 2 violations Midland Funding : 2 violations Grand Total : 14 documented violations. 

Compensation Request : Given the financial and emotional distress caused by these continuous and unlawful practices, I am seeking restitution for : 1. Monetary Compensation : {$1000.00} per documented violation, totaling {$14000.00}. 
2. Cease and Desist Orders : XXXX XXXX XXXX XXXX XXXX XXXX XXXX, from further unjust practices and collection attempts on resolved accounts. 

Conclusion : If XXXX XXXX insists that my statements are mere allegations, I compel XXXX, Midland Funding, and XXXX to provide substantial evidence to refute my claims, rather than making baseless assertions. I have made efforts to contact XXXX directly to obtain documentation or correspondence confirming their relationship with XXXX, but none has been provided. Furthermore, please note this is the third time XXXX and Midland Funding have responded that this situation was hard to decipher or comprehend, which may be the initial issue causing problems with this matter. I firmly request that XXXX, Midland Funding, and XXXX produce substantial evidence or documents that show my statements are contrary. The necessary documentation requested should still be on file with the county clerks office and in your possession if you submitted to continue pursuing the judgment in XXXX. Failure to produce those documents means pursuing the judgment is illegal. I understand why you say that you do not report to the credit bureaus, but based on case law, this does not exempt you from being governed by the FDCPA or FCRA. Furthermore, I also will be contacting the XXXX XXXX XXXX XXXX to obtain all documentation submitted for the judgment and accepted by their office. 

This is the last opportunity for Midland Funding, XXXX, and XXXX to avoid further legal action and resolve this matter out of court. If a settlement offer is not reached or mediated by either party within 10 days, I will pursue legal action based on who is directly liable, all the way to the source origin. I offer a final settlement of {$5000.00} to resolve this matter amicably. 

Responses to Specific Points : 1. Documentation for the XXXX Judgment : You mention that you can not affirm how this matter was reviewed for suit 14 years ago. However, the necessary documentation should be on file with the county clerks office and in your possession. Pursuing the judgment without these documents is illegal. As per the case of XXXX XXXX XXXX, XXXX, XXXX, XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX ), debt collectors must adhere to strict standards of evidence. 
2. COVID-19 Pandemic Relief : You state that you do not understand what statute required forgiveness of debt during the COVID pandemic. The CARES Act provided protections for consumers, including relief from debt collection activities. The hardship policies should have accounted for this. As per 15 U.S.C. 1692f, unfair practices in debt collection, including not recognizing economic hardships, are violations. 
3. Predatory Fees and Attorney Fees : You claim no predatory fees were collected. However, the amount sought included statutory fees and interest, which were predatory given the context of the debts age and the economic conditions. As per 15 U.S.C. 1692e, false or misleading representations are prohibited. 
4. Validation of Judgment : You refer to the validation of the judgment. However, proper validation requires more than just a courts acknowledgment ; it requires substantial and accurate documentation. As per 15 U.S.C. 1692g ( b ), a debt collector must cease collection of the debt until verification is provided. 
5. Client-Lawyer Relationship : While you are representing Midland Funding XXXX you are also required to adhere to ethical standards, including transparency and fairness. The American Bar Associations Model Rules of Professional Conduct Rule 4.1 states that a lawyer shall not knowingly make a false statement of material fact. 
XXXX. Cease and Desist Communication : I acknowledge your intention to cease communication unless requested by the XXXX. Please ensure that all my disputes are thoroughly communicated to Midland Funding and XXXX. 

Inquiries and Additional Points : Efforts to Contact XXXX and Midland Funding : I have also contacted Midland Funding and XXXX through the CFPB ( Complaint Reference Numbers : XXXX and XXXX ) with no satisfactory response. 
Request for Judgment to be Vacated : Given the numerous violations and lack of proper documentation, I request that the judgment be vacated or rescinded. 
Compelling Transparency : I compel XXXX, Midland Funding, and XXXX to be transparent in their business transactions and provide the necessary documents to substantiate their claims. 

Thank you for your attention to this matter. 

Sincerely, XXXX XXXX XXXX XXXX XXXX XXXX, NY XXXX Email : XXXX Phone : XXXX CC : Office of the Comptroller of the Currency ( OCC ) Federal Trade Commission ( FTC ) National Credit Union Administration ( NCUA ) XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau ( CFPB ) Enclosures : Relevant complaint documents and account statements