Consumer complaint received 2015-05-02
Product: Debt collection — Credit card
Issue: Disclosure verification of debt — Not given enough info to verify debt
Company: ENCORE CAPITAL GROUP INC. (KY)

I first received a letter from Midland Credit Management ( MCM ) on XXXX/XXXX/2014 offering to settle an alleged debt originally owed to XXXX Bank at a 40 % discount. I responded with a request for validation of the debt, both that a debt is owed AND that the debt is owed by me. MCM failed to provide the requested validation. 

MCM did, however, exactly XXXX months later send me basically the same letter with the same offer. As they had failed to provide validation the XXXX time, and as the alleged debt would have been time-barred for legal action anyway, I replied again asking MCM to either prove the debt or cease contact. 

Several weeks later, on XXXX/XXXX/2014 I received yet another letter from MCM. Finally, an acknowledgement of my dispute. The letter makes no reference, however, to the XXXX prior attempts I made to validate the debt, just to the dispute I had filed with XXXX XXXX, XXXX, and XXXX ( CRAs ) explaining how they were continuing to report the debt despite MCM having failed repeatedly to validate. 

In this letter, they only blamed me and the CRAs, instead of addressing the issue at hand. They stated the CRAs did not provide them with specifics of why I was disputing the alleged debt. They did, and I had already provided them a list of reasons. The CRAs are reporting the account based on information MCM provides. For them to continue displaying knowingly false information, or information not permitted to be included in my file, is a FCRA and FDCPA violation. Likewise, for MCM to continue verifying this information to the credit reporting agencies after they have failed multiple times to provide validation is also a violation of the FCRA and FDCPA. They also, in the letter, ask ME to prove I do not owe this debt, either with receipts of a police report proving fraud. As with the reporting to and by the credit agencies, the burden of proof is not on ME. I am not claiming fraud nor identity theft. And I can not prove I paid a debt I do even know exists or is mine. 

On XXXX/XXXX/2014 I received yet another letter from MCM. This time the letter includes : an open date of the alleged original XXXX account, the alleged balance due acquired by MCM, and a partial social security number. Please tell me that is not the best they can do as far as providing validation of this debt, as they have proven nothing? 

On XXXX/XXXX/2014 I received XXXX letters from MCM. 

The first asked for the contact information of my attorney. I do not have an attorney and do not need an attorney at this time. I have attempted several times to have documentation provided that this debt exists, that I owe it, and that MCM is legally entitled to collect it. They have failed to provide requested documentation, yet they continue to report the account to the credit reporting agencies inaccurately and continue to make efforts to collect this debt. The debt is time-barred from legal action, and any threat of legal action ( or actual legal action ) would be a violation of the FDCPA. What I wrote to them was that I was filing complaints with the BBB and CFPB, and if those complaints failed to resolve the matter, I would contact a consumer attorney to see what my right are. 

The second, as MCM has done previously, stated that they do not have enough information to investigate my complaint. The letter has my name, was sent to my current address, and has MCM 's account identifier. And I have provided all the information previously. And they both update and review my credit files monthly, so they clearly have all the information they need.