Consumer complaint received 2024-01-08
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was paid
Company: ENCORE CAPITAL GROUP INC. (CA)

Complaint - MIDLAND CREDIT MANAGEMENT attempt to collect a debt not owed. Debt was reported as charged off and now considered a certificate of indebtedness per the IRS. Please see the full dispute along with the codes and laws that were violated below.

MIDLAND CREDIT MANAGEMENT is in violation of multiple laws set forth by Congress in regards to the following account # XXXX. 15 U.S. Code 1681a ( 2 ) ( a ) ( i ) states that the consumer report does not include information solely as to transactions or experiences ( payment history, charge off status ), between the consumer ( myself ) and the person ( MIDLAND CREDIT MANAGEMENT ) making the report. Additionally, 15 U.S. Code 1681 s-2 ( a ) ( 1 ) ( A ) states that A person ( MIDLAND CREDIT MANAGEMENT ) shall not furnish any information relating to a consumer ( ME ) to any consumer reporting agency ( XXXX, XXXX, XXXX ) if the person knows or has reasonable cause to believe that the information is inaccurate. MIDLAND CREDIT MANAGEMENT can not collect on a discharged debt. This is now considered a certificate of indebtedness per the IRS and income can not be reported. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPORTED ON THE CONSUMER REPORT which in fact makes reporting of this account inaccurate! By Definition, the IRS Clearly says a Canceled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. I never received a 1099-C from MIDLAND CREDIT MANAGEMENT for the canceled debt of { { {$2200.00} } } in order to file as ordinary income. Where is my 1099-C MIDLAND CREDIT MANAGEMENT is clearly writing off debt with the IRS without sending out 1099-C as required by the IRS for debts greater than { { {$600.00} } }. This is unsatisfactory! MIDLAND CREDIT MANAGEMENT has been HEREBY PUT ON NOTICE that they are furnishing incorrect inaccurate information. In MIDLAND CREDIT MANAGEMENT terms and conditions they agreed not to share my information with non affiliates. XXXX, XXXX and XXXX are not an affiliate of MIDLAND CREDIT MANAGEMENT nor are they " bureaus ''. The only true credit bureau is the CFPB and they DO NOT furnish consumer reports as stated in federal law. I have a right to privacy and Per the Privacy Act of 1974 as a federally protected consumer I am now revoking any and all authorization I the consumer may have given you written, non written, verbal, and nonverbal per 5 U.S. Code 552a. Per the FCRA as a federally protected consumer I am now opting out of any and all authorization I the consumer may have given you written, non written, verbal, and non verbal per 15 USC 6802. I shall also point out their responsibility pursuant 15 U.S. Code section 1681s-2 ( a ) ( 1 ) ( B ) ( ii ) : ( a ) DUTY OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION ( B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. MIDLAND CREDIT MANAGEMENT must also refund the remaining balance of the consumer account upon its termination. This is your 7 day notice to return ALL money due from this consumer account. 1026.11 Treatment of credit balances ; account termination. ( a ) Credit balances. When a credit balance in excess of { { {$1.00} } } is created on a credit account ( through transmittal of funds to a creditor in excess of the total balance due on an account, through rebates of unearned finance charges or insurance premiums, or through amounts otherwise owed to or held for the benefit of the consumer ), the creditor shall : ( 1 ) Credit the amount of the credit balance to the consumer 's account ; ( 2 ) Refund any part of the remaining credit balance within seven business days from receipt of a written request from the consumer ; ( 3 ) Make a good faith effort to refund to the consumer by cash, check, or money order, or credit to a deposit account of the consumer, any part of the credit balance remaining in the account for more than six months. No further action is required if the consumer 's current location is not known to the creditor and can not be traced through the consumer 's last known address or telephone number. ( b ) Account termination. ( 1 ) A creditor shall not terminate an account prior to its expiration date solely because the consumer does not incur a finance charge. ( 2 ) Nothing in paragraph ( b ) ( 1 ) of this section prohibits a creditor from terminating an account that is inactive for three or more consecutive months. An account is inactive for purposes of this paragraph if no credit has been extended ( such as by purchase, cash advance or balance transfer ) and if the account has no outstanding balance. ( c ) Timely settlement of estate debts ( 1 ) General rule. ( i ) Reasonable policies and procedures required. For credit card accounts under an open-end ( not home-secured ) consumer credit plan, card issuers must adopt reasonable written policies and procedures designed to ensure that an administrator of an estate of a deceased account holder can determine the amount of and pay any balance on the account in a timely manner. ( ii ) Application to joint accounts. Paragraph ( c ) of this section does not apply to the account of a deceased consumer if a joint account holder remains on the account. ( 2 ) Timely statement of balance ( i ) Requirement. Upon request by the administrator of an estate, a card issuer must provide the administrator with the amount of the balance on a deceased consumer 's account in a timely manner. ( ii ) Safe harbor. For purposes of paragraph ( c ) ( 2 ) ( i ) of this section, providing the amount of the balance on the account within 30 days of receiving the request is deemed to be timely. ( 3 ) Limitations after receipt of request from administrator ( i ) Limitation on fees and increases in annual percentage rates. After receiving a request from the administrator of an estate for the amount of the balance on a deceased consumer 's account, a card issuer must not impose any fees on the account ( such as a late fee, annual fee, or over-the-limit fee ) or increase any annual percentage rate, except as provided by 1026.55 ( b ) ( 2 ). ( ii ) Limitation on trailing or residual interest. A card issuer must waive or rebate any additional finance charge due to a periodic interest rate if payment in full of the balance disclosed pursuant to paragraph ( c ) ( 2 ) of this section is received within 30 days after disclosure.

Complaint - Written notification about debt- Didn't receive notice of right to dispute. Didn't receive enough information to verify debt.

I do not have a contract with Midland Funding. They did not provide me with the original contract as I requested. If after reinvestigation under paragraph ( 1 ) of any information disputed by the consumer, an item of the information is found to be incomplete or can not be verified, the consumer reporting agency shall promptly delete that item of information from the file of the consumer, or modify that item as appropriate, based on results of the reinvestigation.

Additionally consumer is requesting any itemized bill and purchase agreement and also original contract with original creditor containing wet signature Re : alleged DEROGATORY ACCOUNTS REPORTED AS COLLECTIONS DEFICIENT OF REQUIRED PROOF OF ADEQUATE FEDERAL REPORTING COMPLIANCE, NAMELY XXXX XXXX AND THE FCRA STANDARDS OF REPORTING. THESE ARE CERTAINLY UNLAWFUL, UNETHICAL AND UNDOUBTEDLY IN CLEAR INFRINGEMENT OF MY CONSUMER AND/OR CIVIL RIGHTS, MAKING YOU LIABLE UPON MY TAKING THIS MATTER TO A CIVIL COURT IN MY AREA FOR PROPER AND ETHICAL RESOLUTIONS AND AWARDS OF AT LEAST {$1000.00} PER STILL UNPROVEN, UNTRUE, INACCURATE, UNTIMELY, INCOMPLETE, OR OTHERWISE NOT COMPLIANT ITEM REPORTED THAT IS HEREBY NOW BEING CHALLENGED IN WRIT COMPOSITION LEGALLY A CONSUMER COMPLAINT NOTICE IN DEMAND FOR A CHECK FOR COMPLIANCE AND FURTHER IRREFUTABLE EVIDENCE TO SUCH A CLAIM. THIS IS MY OFFICIAL WRITING COMPLAINT. To Whom It Might Concern, Per FEDERAL and MY STATEs REPORTING LAWS, you MUST AFFIRM AND CONFIRM-ATE ANY and ALL ALLEGATIONs OF CLAIM YET STILL UNPROVEN. LAWFULLY CERTIFICATE PHYSICALLY THE CREDITOR CLASSIFICATION CODE ( S ), THE EXACT AND COMPLETE SEQUENCED AND XXXX DATA FORMATTED 426 CHARACTER P-6 STATEMENT ( S ) AS WELL AS ALL OF THE APPLICABLE AND REQUISITE TRAILING FRAGMENTS, THE MINIMALLY MANDATED FIVE ( 5 ) PORTIONED PERSONAL IDENTIFIERS, EVERY AND ONE OF THE ALPHA-/ NUMERIC-/AND OR ALPHANUMERIC SOURCE CODES THAT DETAIL THE LEFT SIDEDNESS AND OR RIGHT SIDEDNESS OF ANY AND ALL PRECISELY ORDERED RECORDED ACCOUNT DESCRIPTIONS, ALL ASPECTS EXACTLY AND FULLY RELATED TO THE SEQUENCED 386 PIECES OF CONFIRMATION TO COLLECT ( -TIONS ), EACH CALENDAR DATE RECORDED, EVERY ALLEGED BALANCE INCLUDING THE TALLIED TOTALINGS AND INVOICES FROM WHICH THEY WERE DERIVED, THE DOCUMENTED LEGAL AND CURRENT COLOR PHOTOGRAPHED IDENTITIES, THE ATTESTED ADDRESSES, THE NON-TRANSPORTED AND TRUE MARKS OF EXECUTION FROM THE ONE AND ONLY AND EXACTLY IDENTIFIED ME UPON AN ACKNOWLEDGEMENT OF THE DEBT ALLEGED OR EVEN CONDITIONS RELATED, AS WELL AS EVERY SINGLE ONE EVEN EACH ANY AND OR ALL OF THE REQUISITE STATE AND FEDERAL LAWS APPLICABLE, WHETHER KNOWN OR NOT, REGARDLESS IF MENTIONED OR NOT. YOU ARE UNAUTHORIZED TO RETAIN AND OR EVEN REPORT SUBTERFUGE PARTICULARLY IF IT IS POTENTIALLY ENABLING FRAUD AND OR IDENTITY THEFT SUCH AS THIS INJURIOUS MIS-REPORTINGS OF MIS-INFORMATION MIGHT VERY WELL APPEAR TO BE. DELETE NOW TO ANNUL THIS UNJUST ACCUSATION AND TO RETURN TO COMPLETE COMPLIANCE TO FEDERAL REPORTING LAWS AS IS OBLIGATED OF YOU. I DEMAND, lawfully mind you, that you very ATTENTIVELY REVIEW my formal writ composed DECLARATION of Not Proven Compliant Misinformation that is all or in part : DEFICIENT of adequate current status in fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable compliant obligatory and regulatory requisite compliant reporting thereby mandating your immediate actions to rectify and remedy and any all infraction-ious behavior ( XXXX ) by retaining or returning to DEMONSTRATED TRUE, CORRECT, COMPLETE, and COMPLIANT XXXX XXXX XXXXXXXX field formatted reporting! To be clear, you are mandated by laws to eliminate every notation and/or aspect of any and all derogatory and adversary items from any and all alleged claims still yet unproven to be true, correct, complete, timely, documented as being mine, testimonial to be of my responsibility, with FCRA compliance XXXX and or XXXX XXXX XXXX reporting. FEDERAL laws dictate that any and all derogatory or potentially injurious reporting MUST be all of the aforementioned and can NOT BE ASSUMED without undoubted CERTIFIABLE testimonial of FACTs ensuring the physically verifiability of the CONFIRMED manual validation of any item upon a consumer complaint, such as is this notice here and now. Please RETURN to or retain federally lawful reporting with your unwavering and unconditional annulment of every single one even each any and or all of the allegations accused of me deficient of physical evidence to every and all aspects of said claims, be them true or not. 

CONSUMER IS ALSO REQUESTING FULL FILE DISCLOSURE UNDER 15 USC 1681g