Consumer complaint received 2024-02-06
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: ENCORE CAPITAL GROUP INC. (TX)

I am writing to file a complaint regarding ongoing issues with the reporting of a collections account by Midland Credit Management, XXXX, and XXXX. Having disputed this account since last year, and a minimum of fifteen attemps. XXXX has removed the account, but XXXX and XXXX have not conducted thorough investigations, and I suspect multiple violations of proper procedures. 

The account was from a XXXX XXXX credit card, where my last payment was in XX/XX/XXXX. The account was charged off in XX/XX/XXXX, and in XX/XX/XXXX, I received a letter stating it had been voluntarily disposed of in civil court. As I was a New York resident, I believe this lawsuit occurred beyond the statute of limitations. I did not receive any letters from them until XXXX and did not know about this collections. I also do not see how they have any legal authority by disposal of the case themselves. 

Even after the account 's deletion from XXXX, Midland continues to pull my credit report, potentially violating FCRA 604 ( f ) and FCRA 619. Moreover, their constant sale/forwarding of a debt buyer account to a factoring company account, appears to be a breach of contract according to the National Consumer Assistance Plan ( NCAP ) and the agreement between CRAs to not accept any data that did not arise from a contract or agreement to pay. They were also constantly closing, opening, and switching to a " retail '' account. 

XXXX and XXXX show duplicate collection entries from Midland, showing signs of re-aging. XXXX displays entirely fabricated, false payments, a missed payment, then current again, and constantly changing the " date of major delinquency first reported. '' XXXX does not have the FCRA Compliance/DOFD on my credit file, while XXXX places it in the future, violating the FCRA 90-day reporting requirement. 

Despite many attempts to fix these issues, XXXX denies duplicate collection entries and the existence of the NCAP agreement. Both XXXX and XXXX claim they lack the legal authority to correct or remove inaccurate collections. Midland has also removed the mandatory K1 Segment from my XXXX report, and there is no payment history from the original creditor on both agency 's. 

When my results came back from XXXX for the incorrect DOFD and false payments, it was not only verified as accurate, but XXXX themselves certified the account is being reported correctly. 

I would like to bring to your attention several of many potential violations with the reporting of the collections account by Midland Credit Management and the credit reporting agencies. I believe the following statutes and codes have been violated : False representation of the character, amount, or legal status of any debt ( 15 USC 1692e ( 2 ) ( A ) ).

False representation or implication that any individual is an attorney or that any communication is from an attorney ( 15 USC 1692e ( 3 ) ). 

False representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to lose any claim or defense to payment of the debt ( 15 USC 1692e ( 6 ) ( A ) ).

Use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer ( 15 USC 1692e ( 10 ) ).

False representation or implication that accounts have been turned over to innocent purchasers for value ( 15 USC 1692e ( 12 ) ). 

Use or distribution of any written communication that simulates or falsely represents to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval ( 15 USC 1692e ( 9 ) ).

Use of any business, company, or organization name other than the true name of the debt collector 's business, company, or organization ( 15 USC 1692e ( 14 ) ).

Unfair practices under section 808 of the FDCPA. 

It is also worth noting that both XXXX and XXXX have informed me that they do not provide a method of verification for past disputes, as required by the FCRA. 

These potential FCRA and FDCPA violations raise concerns about the accuracy, fairness, and legality of the actions taken by Midland Credit Management and the credit reporting agencies. I please ask that the CFPB to find a correction for this. 

Attached are my last dispute letters to XXXX and XXXX, duplicated collections, XXXX false payments, with a false delinquency, XXXX credit file without the original creditor and falsely creditor classification as " retail. '' Date of civil court disposal, along with XXXX 's confirmation of the account 's deletion.