Consumer complaint received 2021-12-28
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. (VA)

Complaint:
I have been damaged, my credit has been affected and I have suffered. Damages include but are not limited to affecting me in moving into a home that I had planned to but when my credit was affected adversely for the inaccurate and false reporting to my credit report done by Midland Credit Management. It also damaged me by affecting my business and rendered me powerless when it came to obtaining the surety bond that my business needed to succeed, my Business and potential funds that I would have gained from this business can not the repaid because I can not go back in time and regain the time and funds that were lost due to Midland Credit Management 's lack of respect for the FCRA. Midland Credit management Put an unidentified and Inaccurate collection on my credit report so I disputed this collection for accuracies purposes requested A complete validation of this account Bearing my original signature, based on my rights as a consumer, I told Midland Credit Management advised that this letter was not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g ( Sec. 809 ) that your claim is disputed and validation is requested. 
I demanded proof of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must correct any erroneous reports of this past debt as mine. 
I asked Midland credit management to provide the following information : 1. Please evidence your authorization under 15 USC 1692 ( e ) and 15 USC 1692 ( f ) in this alleged matter. 2. What is your authorization of law for your collection of information?

3. What is your authorization of law for your collection of this alleged debt?

4. Please evidence your authorization to do business or operate in this state.

5. Please provide proof of the alleged debt, including specifically the alleged contract bearing my original signature and the original documentation.

6. I also asked Midland Credit Management to please provide a complete account history, including any charges added for collection activity. You have thirty ( 30 ) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you placed this on my credit report ( s ) in error and that this matter is permanently closed. Provide the proof, or correct the record and remove this invalid debt from all sources to which you have reported it.

For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records and any information received from you will be collected as evidence should further action be. 
I asked for this information well over thirty days ago. And even before I sent this letter to them I disputed with Midland Credit Management online which they never provided any information at all, I disputed it online through XXXX. After having never responded to my request, out of nowhere Midland Credit Management sent me a false Affidavit this was a lie because they had stated that I have never responded to them but in all actuality, they were the ones who had never responded to me in validation this inaccurate account per the FCRA, that was given us as a protection and a right as a consumer. They also have an inaccurate account number on their Documents that is not the account number that was possessed by XXXX XXXX XXXX I have Documentation that clearly shows Midland Credit Managements false account number, and I have an old bank statement that clearly shows the account number from the original account I would Like this inaccurate account removed. I have asked Midland Credit Management to validate the alleged debt that they claim that I owe, and all you have provided me are statements to an account that you can not prove is mine. 
Midland Credit Management has violated my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ) 15USC 1692 ( g ) - Failure to validate this alleged debt.

I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt.

15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. 
If proper validation of this alleged debt is not provided within 30 calendar days of receiving this notice, I will assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account.

Furthermore, you do not have any jurisdiction or authority to even collect on this alleged debt.

FDCPA 811 [ 15 USC 1692i ] Legal actions by debt collectors ( a ) Venue An
y debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action.

( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors.

By the way, if you ever decide to turn this alleged debt over to an attorney to collect and violate my rights under the FDCPA 15USC 1692 even further, just keep in mind that an attorney can not be a debt collector and a debt collector can not be an attorney.

FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney.

With all that was said above, for each VIOLATION of the FDCPA that you have committed I am entitled to {$1000.00} per violation. You dont believe me? Ok, let me show you what the law says : FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}.

Your Options are as follows : Delete this account and cease and desist with all collection activities ; Settlement; or We go to court and you incur lawyer fees, plus pay me {$1000.00} per violation along with more in damages.

Company response to consumer: Closed with non-monetary relief