Consumer complaint received 2024-03-11
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENCORE CAPITAL GROUP INC. (TX)

On or about XXXX XXXX XXXX I accessed my credit report and found that there are three collection accounts reporting from Midland Credit Management. I filed a debt validation letter, and dispute with the bureaus on XXXX XXXX XXXX and spoke to XXXX personally over the phone on XXXX. 

I am unaware of the above listed accounts. Please VALIDATE this information
with the creditors and PROVIDE ME WITH ANY DOCUMENTATIONS associated
with these accounts, (i.e. an ORIGINAL CONTRACT BEARING MY SIGNATURE). I
formally request that this information be immediately deleted from the credit
file you maintain under my social security number. Please note that you have
30 days to complete your investigation, as per the FAIR CREDIT REPORTING
ACT section 623(a)(3), and I am keeping CAREFUL record of your actions.
Failure to respond
satisfactorily within 30 days of RECEIPT of this CERTIFIED letter will result in a
small claims action against your company. I will be seeking XXXX XXXXn damages
for:
1.) Defamation
2.) Negligent Enablement Of Identity Fraud
3.) Violation Of The Fair Credit Reporting Act
You will be REQUIRED to appear in a court venue local to me, in order to
formally defend yourself.
P.S. Please be aware that dependent upon your response, I may be detailing
any potential issues with your company via the better business bureau along
with an online public press release, including documentation of any potential
small claims action.

They are continuing to re-age these collection accounts by adding to the balance. PLEASE SEE ATTACHED DOCUMENTS FOR PROOF. 

These occurrences have happened many times over the past several months, but I have not been aware until doing legal research that they are violating my consumer rights. I have repeatedly requested Debt Validation on these accounts, and also filed a complaint with the FTC on fraud, or identity theft approximately one year ago when they first started to appear on my file.
Midland has refused to validate the debts, or send me any information on why they say that I owe them, and they keep increasing the amount of the collection by XXXX  

There are ZERO late payments on this account, and it is reporting 120 days late. Per 15 USC 1666 BILLING ERROR, this account should NOT be showing late payments. 

I do not owe this debt to Midland Credit Management on ANY of the three accounts that they are showing. I request this under 15 U.S. Code  1692g - Validation of debts. If information is not provided or the false reporting isnt removed; as in XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX), you may be liable for your willful noncompliance. Credit reporting laws ensure that bureaus report only 100% accurate
credit information. Every step must be taken to assure the information reported is
completely accurate and correct. The information therefore needs to be
reinvestigated.
Under the provision of 15 U.S.C.  1692g(b) of the Fair Debt Collection Practices Act, I am formally requesting validation of the debt associated with these late payments.