Consumer complaint received 2024-02-16
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: ENCORE CAPITAL GROUP INC. (SC)

Was served by XXXX XXXX  XXXX on behalf of Midland Credit. 1. I moved and they sent it to my old address. THANKFULLY, I know the folks who live there and they tracked me down. I the responded & mailed them ( with proof of delivery, which I have in my possession ) a request for debt verification. I have called multiple times and left voice mails and never received calls back. I never received proof of debts. I was forced to file an answer with my countys court so I didnt default. 

Today I sent an inquiry on their website ( again ) and someone finally called me. 

Initially she told me she didnt receive any correspondence from me. Then she said that she saw where I reached out and claims they mailed me the things I had asked for. They told me they do not send verification with any kind of tracking information. She claims they mailed it out when they received my request in XXXX. She told me it was received XX/XX/XXXX. I believe it was a few days prior to that according to the slip from XXXX She said the mail has been extremely slow lately and kept stressing that. I said it still would not take a month plus worth of time. They are located in XXXX, I am in XXXX. It should take a week - MAX - just as my letter to them had taken. I asked for proof of them mailing it to me in XXXX. She could not give me proof. She did say that she would mail it again, which is convenient for them to finally answer an inquiry from me now that I have to be in court in exactly 1 week. This person, XXXX XXXX, said they will not send it out with any kind of proof of delivery nor tracking- just regular mail. She insisted on stressing multiple times that the mail is really slow lately. 


Here is exactly what was included in this debt letter : XXXX XXXX XX/XX/2023 Midland Credit Management c/o XXXX XXXX XXXX XXXX XXXX Re : MCM account # XXXX and MCM account # XXXX Dear Midland Credit Management : I am responding to your contact about a debt you are trying to collect. You contacted me on XX/XX/2023 by serving me court paperwork and identified the debt as now being handled in small claims court. The Fair Debt Collection Practices Act requires debt collectors to provide a validation letter listing specific details about the debt. Please supply the information below so that I can be fully informed : Why you think I owe the debt and to whom I owe it, including : The name and address of the creditor to whom the debt is currently owed, the account number used by that creditor, and the amount owed. 

If this debt started with a different creditor, provide the name and address of the original creditor, the full account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the debt and who the current creditor obtained it from, on what date and for how much the debt was purchased for. 

Provide verification and documentation that there is a valid basis for claiming that I am required to pay the debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? 


The amount and age of the debt, including : A copy of the last billing statement sent to me by the original creditor. 

State the amount of the debt when you obtained it, and when that was. 

If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide a detailed itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the debt or are permitted by law. 

If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them. 

If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the debt or permitted by law. 

Tell me when the creditor claims this debt became due and when it became delinquent. 

Identify the date of the last payment made on this account. 

Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that. 

Details about your authority to collect this debt. 

I would like more information about your firm before I discuss the debt with you. Does your firm have a debt collection license from my state? If not, say why not. If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 

If you are contacting me from a place outside my state, does your firm have a debt collection license from that place? If so, provide the date of the license, the name on the license, the license number, and the name, address and telephone number of the state agency issuing the license. 


I have asked for this information because I have some questions. I need to hear from you to make an informed decision about your claim that I owe this money. I am open to communicating with you for this purpose. In order to make sure that I am not put at any disadvantage, in the meantime please treat this debt as being in dispute and under discussion between us. 


In addition to providing the information requested above, please let me know whether you are prepared to accept less than the balance you are claiming is owed. If so, please tell me in writing your offer with the amount you will accept to fully resolve the account. 

Thank you for your cooperation. Sincerely, XXXX XXXX