Consumer complaint received 2023-01-10
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened or suggested your credit would be damaged
Company: ENCORE CAPITAL GROUP INC. (LA)

To Whom It May Concern : First, this is a disclaimer to let you know I, XXXX XXXX, wrote this letter and not a credit repair company. 

I received a copy of my XXXX, XXXX and XXXX credit report, and noticed a collection that needed to be deleted. The item is as follows : MIDLAND CREDIT MANAGEMENT Pursuant to the Fair Debt Collection Practices Act or 15 USC 1692g, more specifically 15 USC 1692a - Definitions, debt is defined as follows : ( 5 ) The term debt means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment. 

This is an ALLEGED debt that I do NOT owe. 

Pursuant to 15 USC 1692g, I have the right to verify a debt, and this is an ALLEGED debt that I do NOT owe, therefore : this INACCURATE information needs to be DELETED from all consumer reporting agencies.

You had no permissible purpose by law to report this alleged debt and have violated 15 USC 1692g - Validation of debt because you failed to satisfy all 5 requirements, which states : ( a ) Notice of debt ; contents 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 consumers 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.

I am not requesting a statement of generalized accounting, as this would NOT be accurate because it is NOT an authenticated record. I am demanding a request for accounting, pursuant to the Uniform Commercial Code ( UCC ), which is recognized as commercial law.

UCC Article 9-210 ( 2 ) is noted below.

9-210. REQUEST FOR ACCOUNTING ; REQUEST REGARDING LIST OF COLLATERAL OR STATEMENT OF ACCOUNT.

( a ) [ Definitions. ] In this section : ( 1 ) " Request '' means a record of a type described in paragraph ( 2 ), ( 3 ), or ( 4 ).

( 2 ) " Request for an accounting '' means a record authenticated by a debtor requesting that the recipient provide an accounting of the unpaid obligations secured by collateral and reasonably identifying the transaction or relationship that is the subject of the request.

If your agency is having a hard time understanding the law, my request for an accounting means the request for an accounting you provide me must be signed by someone under authority in order to VALIDATE/VERIFY the information in the instrument ; this is the meaning of what a record authenticated means. A record CAN NOT be authenticated without being signed by someone under authority. If you cant send me an actual ORIGINAL contract with my signature on it, you have no right furnishing this inaccurate information and not only have you violated my right to privacy, but youve violated various statutes of BOTH the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ) simply by reporting this alleged debt. Im not sure if you know, but violations of these sections make you liable for at LEAST {$1000.00} per violation.

Even if you satisfy all 5 requirements, I am the one that has the right to verify whether it is my debt or not and as I have previously stated this is an ALLEGED debt that I do NOT owe. I have sustained defamation of my character as a result of this information and am demanding you to delete the above accounts from my consumer report.

Furthermore, I demand that you CEASE and DESIST all efforts to collect on this alleged debt and may only communicate with me further under the stipulations of sending me a letter with this alleged account deleted. 

You have 14 days to respond upon receipt of this letter to delete the negative items and send me a new letter, notifying me that the information has been deleted from all consumer reporting agencies. 

CC : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX