Consumer complaint received 2017-12-05
Product: Credit reporting, credit repair services, or other personal consumer reports — Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: ENCORE CAPITAL GROUP INC. (PA)

STATEMENT OF FACTS : RE : Alleged Account Name : Midland Funding Acct # XXXX Original Creditor : XXXX XXXX XXXX XXXX Amount : {$2000.00} I would like to inform you of and complain about some illegal practices of a company called Midland Funding whose office is located in XXXX XXXX, CA and is doing business in the state of Pennsylvania, my current state of residence. 
Midland Funding placed a derogatory mark on my consumer credit reports sometime just prior to XXXX XXXX, XXXX. I checked my credit reports on XXXX XXXX, XXXX and noticed that Midland Funding placed a derogatory remark on my  consumer credit reports with XXXX, XXXX  and XXXX for {$2000.00} for account # XXXX. Upon learning of this discrepancy, I sent a dispute letter dated XXXX XXXX, XXXX in request of such proof that I owe Midland Funding any money. The letter was received on XXXX XXXX, XXXX. To date, I have not received any competent evidence bearing my signature showing that I have or ever had some contractual obligation to pay Midland Funding. Midland Funding also failed to show ( 1 ) that a contract existed between myself and XXXX XXXX XXXX and Midland Funding and ( 2 ) a summarization of the amount allegedly owed on the account. Finally, Midland Funding did not supply a bill of sale or copy of  assignment agreement pertaining to the alleged account between myself and XXXX XXXX XXXX and an alleged account between myself and Midland Funding. 
I disputed the alleged debt in XXXX XXXX, however Midland Funding continued to try to collect on the account from me, in violation of numerous provisions of the Fair Debt Collection Practices Act, 15 U.S.C. 1692, which prohibits unfair and deceptive debt-collection practices.

Midland Funding failed to report to XXXX Credit Bureau that this alleged account has been disputed which is in violation of the Fair Debt Collection Practices Act, Section 807. False or misleading representations. A debt collector may not use any false, deceptive, or misleading representation or means with the collection of any debt. Subsection ( 8 ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. 1. Disputed Debt. If a debt collector knows that a debt is disputed by the consumer, either from receipt of written notice ( Section 809 ) or other means, and reports it to a credit bureau, he must report it as disputed. 2. Post-report dispute. When a debt collector learns of a dispute after reporting the debt to a credit bureau, the dispute need not also be reported ; and 4. Violation of the Fair Credit Reporting Act including but not limited to Section 623 ( b ) Duties of Furnishers of Information upon Notice of Dispute. ( 1 ) In general. After receiving notice pursuant to Section 611 ( 1 ) ( 2 ) [ 1681i ] of a dispute with regard to the completeness or accuracy of any information provided by a person to a consumer agency, the person shall ( A ) conduct an investigation with respect to the disputed information ; ( B ) review all relevant information provided by the consumer reporting agency pursuant to Section 611 ( a ) ( 2 ) [ 1681i ] ; ( C ) report the results of the investigation to the consumer reporting agency ; ( D ) if the  investigation finds that the information is incomplete or inaccurate, report those results to all other consumer reporting agencies to which the person furnished the information and that compile and maintain files on consumers on a nationwide basis ; and ( E ) if an item of information disputed by a consumer is found to be inaccurate or incomplete or can not be verified after any reinvestigation under paragraph ( 1 ) for purposes of reporting to a consumer reporting agency only, as appropriate, based on the results of the reinvestigation promptly- ( i ) modify that item of information ; ( ii ) delete that item of information ; or ( iii ) permanently block the reporting of that item of information. 

I received correspondence dated XXXX XXXX, XXXX from XXXX XXXX, Division Manager with Midland Credit Management , Inc. ( XXXX ) XXXX notifying me that Midland Funding received and processed my dispute and have found their information to be correct. Midland Funding updated the information furnished to the Credit Bureaus between XXXX XXXX and XXXX, XXXX. ( See copies of the relevant pages of my credit reports prepared on XXXX XXXX, XXXX- attached. ) I noticed the following discrepancies and inaccuracies furnished to the Credit Bureaus by Midland Funding : 1. Collection Account Name : XXXX XXXX XXXX XXXX and Original Creditor : XXXX XXXX XXXX XXXX. How is this even possible? The Contact Information lists Midland Fundings address in XXXX XXXX, CA. 
2. Account Type : Open Account and Account Status : Closed. Again, how is this even possible?

3. Past Due Amount : {$2000.00} and a perfect Payment History beginning XXXX XXXX through XXXX XXXX. Once again, how is this even possible? 
4. Your Statement : COLLECTION ACCOUNT. I have never added a statement to my Credit Report for this line item. 
5. Account not marked disputed with XXXX Credit Bureau. 

I am considering legal action against Midland Funding on my own, but first wanted to exhaust all possible administrative remedies. I would be seeking a minimum of {$1000.00} in damages per violation for : 1. Defamation 2. Negligent Enablement of Identity Fraud 3. Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) 4. Violation of the Fair Credit Reporting Act ( including but not limited to  Section 623-b ) 5. Violation of Corresponding State Laws