Consumer complaint received 2023-12-26
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC. (MS)

I received an email from my credit monitoring service that informed me that my credit profile was adversely impacted. I found that MIDLAND CREDIT had illegally posted an alleged collection account to my credit report. I have never started nor an opened account with this company. My report shows that MIDLAND CREDIT open account was opened on XX/XX/2021 with a balance of {$6200.00}. By federal law, a debt collector is supposed to make contact with an alleged debtor and give them 30 days to validate or dispute before they move forward with collection attempts. I never received a letter in the mail that gave me 30 days to validate or dispute this account. I never received a letter stating that I have an alleged debt with this company and owe a balance on that account. I, a consumer defined under 15 USC 1692a ( 3 ), understand that, under the FDCPA guidelines for collection agencies, they have to provide ( 1 ) legitimate proof that they are the original holder of this debt and can legally hold me responsible for paying this debt and ( 2 ) contractual proof of obligation or an assignment SIGNED from an officer from the original creditors corporation that I am supposed to pay them. 15 USC 1692g Sec. 809 ( b ) of the Fair Debt Collection Practices Act ( FDCPA ) grants me the right as a consumer to request validation of this alleged debt they say I owe. I fully understand 1692g. Validation of debts ( a ) Notice of debt ; that states within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts - If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. ( c ) Admission of liability - The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. I never received a notice of right to dispute nor did I receive any information to verify that the alleged debt with this company belonged to me. If I would have gotten anything in the mail from this company before they illegally reported to my credit report, I would have respectfully requested evidence that I am the person they are asking to pay this debt and a contractual obligation that legally binds me to pay them this debt. Upon them receiving my validation letter by certified mail with return receipt, they would have to legally cease from collection calls, letters, and efforts and delete the account from my credit reports until they can validate this debt. But again, I never received such a letter about this account ever in the mail because it was never sent. In order for them to prove that I received it properly, the proper letter should have been mailed certified mail with return receipt or by some form of proof of tracking that would require my signature. And if the company did mail anything to me, where is the legal proof of tracking or my signature stating that I received it? Where is the return receipt or postage signature showing that I received it and signed for it? But again, I never received any sort of mail or package. 
They have illegally posted and reported to my credit file without adhering to the FDCPA laws. Im not sure if this company is a scam, but I know that this company has broken FCRA and FDCPA laws by reporting an alleged account to my credit report without informing me through mail and I did not receive notice of right to dispute nor did I receive any information to verify that the alleged debt belonged to me. My credit has dropped tremendously in the middle of building my credit. Please help me get this account removed immediately. As a consumer, Im publicly publishing this descriptive complaint on www.consumerfinance.gov so that others can learn from my experience and so that this government agency can use this information to help work with other violations and complaints from consumers regarding this company. Under 12 CFR Part 1006 and as a consumer defined under 15 USC 1692a ( 3 ), I'm also preparing to sue under the FCRA and FDCPA because of the numerous consumer law violations committed by this company, damages to my credit and opportunity costs with making a major purchase, and business ventures that must be delayed until this illegal account is removed. It should not be my responsibility to submit proof that this debt does not belong to me. It is the responsibility of the debt collector to submit proof that they can legally collect on the alleged debt, legally report to the credit agencies, and follow all FCRA and FDCPA. As of this date, they have failed to do so. MIDLAND CREDIT MANAGEMEN XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX