Consumer complaint received 2024-03-12
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENCORE CAPITAL GROUP INC. (OH)

I am writing to dispute an item on my credit report related to the account with Midland Credit Management , LLC. The information provided by this collection agency is inaccurate and is negatively affecting my creditworthiness. I request that you investigate and correct this issue promptly. " This was due to Identity theft '' Details of the disputed item : - Creditor Name : Midland Credit Management , LLC - Creditor Address : XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, CA XXXX -Account Name Midlandcre management - Account Number : XXXX - Description of Inaccuracy : Collection agency has not provided validation information under 12 CFR 1006.34B5, yet they placed collections on my consumer report. I have not been given a chance to dispute the account according to 12 CFR 1006.34C4. The collection agency is violating my consumer rights by using false, misleading, misrepresenting, and deceptive means. They have no authority to furnish this account to a consumer reporting agency without providing all disclosures required by law, which is a clear violation of 12 CFR 1006.34D and 15 USC 1681S-27A.

I herby instructing you to cease collection of the debt until you resolve this possible reporting error with the creditor. I am asking that you do not contact me nor anyone else except the original creditor about this collection. 
In addition, I want to ensure that you are following the laws under the FDCPA ( Fair Debt Collection Practices Act, and FCRA, so I want to ensure that you do not prematurely report anything else to the bureaus until you have furnished proof to me that the account is valid. 

Also, I will need you to furnish the following items to ensure accuracy in the reporting. Failure to furnish the following information will result in me not accepting validity and accuracy in the account. Please furnish : Proof that you are licensed or legally authorized to collect on a debt in my state. Proof that you are licensed or legally authorized to collect on a debt in my state. Proof of your bonding agent in the event where I must seek counsel. Proof of your authority in the collection process. Proof that the original creditor authorized you to collect the debt on their behalf. The original creditors name. Details on when the account first went into a delinquent status since that is the dare required as OPEN DATE on the collection account I kindly request that you : 1. Conduct a thorough investigation into this matter.

2. Correct any inaccuracies promptly.

3. Provide me with written confirmation of the resolution. 

I understand that the Fair Credit Reporting Act ( FCRA ) requires you to investigate and respond within 15 days. I appreciate your attention to this matter and look forward to a swift resolution. 

Please do not contact me until you have collected and sent this information to me at the address on this letter. You do not have the authority to provide this address to the credit bureaus as an updated address for the account. If prior authorization was granted, I hereby revoke any authorization to discuss this account with any 3rd party such as my work, family, or anyone other than me. 

Please acknowledge that you have received this notice Thank you for your assistance. 

Sincerely,