Consumer complaint received 2024-05-06
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive notice of right to dispute
Company: ENCORE CAPITAL GROUP INC. (MA)

Subject : Formal Complaint Against Midland Credit Management for Violations of Debt Collection Practices To Whom It May Concern, This is a formal complaint against Midland Credit Management, a debt collection agency that has been managing a debt account allegedly linked to me. I believe Midland Credit Management has engaged in multiple violations of federal debt collection laws, specifically under the regulations stipulated in 12 CFR 1006.34 and 15 USC 1681s-2. These violations have not only caused significant distress and inconvenience but have also potentially affected my credit worthiness and financial stability due to the questionable reporting and collection practices employed by the Midland Credit Management.

Failure to Provide Debt Validation : Despite my rights under 12 CFR 1006.34 ( b ) ( 5 ), Midland Credit Management has failed to provide any validation of the alleged debt that they claim I owe. They have continued their collection efforts and have even placed this unverified debt on my consumer credit report, which is a clear violation of the requirement to cease collection activities until the debt is validated.

Denial of Right to Dispute the Debt : In accordance with 12 CFR 1006.34 ( c ) ( 4 ) ( i ), consumers are entitled to dispute the accuracy of a debt within a stipulated time frame. Midland Credit Management has not provided me with this opportunity by failing to send any communication that outlines my rights to dispute the debt, further neglecting the legal obligations as a debt collector.

Misleading and Deceptive Collection Practices : Midland Credit Management has employed methods that I consider to be misleading, deceptive, and misrepresentative in nature, aiming to coerce or intimidate, which is a violation of fair debt collection practices and my consumer rights.

Unauthorized Reporting to Credit Bureaus : As stated in my rights under 12 CFR 1006.34 ( d ) and 15 USC 1681s-2 ( a ) ( 7 ) ( A ), a debt collector must meet certain prerequisites before reporting to credit bureaus. Midland Credit Management has not met these obligations yet has proceeded to report the alleged debt, which I believe to be not only premature but also unlawful.

Given these serious concerns, I request the following actions be taken immediately : A complete validation of the alleged debt, including the original creditors name, the original amount, and any charges applied thereafter.

A copy of the purchase agreement that authorizes Midland Credit Management to collect on this alleged debt.

Evidence demonstrating that Midland Credit Management is licensed and bonded to collect debts in my state.

Immediate removal of the debt reporting from my credit profile until the above matters are satisfactorily resolved in compliance with the law.

I trust that the CFPB will investigate these issues with the seriousness they warrant and ensure compliance with all applicable federal laws designed to protect consumers from unjust and abusive collection practices. Please keep me informed about the progress of this complaint and any actions taken in relation to it.

Thank you for your attention to this serious matter. I look forward to your prompt response and resolution. 
Sincerely, XXXX XXXX