Consumer complaint received 2025-01-05 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: ENCORE CAPITAL GROUP INC.
State: TX

Complaint narrative:
XXXX XXXX XXXX. 
XXXX XXXX XXXX XXXX XXXX, Texas, XXXX Midland Credit Management , Inc . 
XXXX XXXX XXXX XXXX, MI XXXX '' Attn : Legal Claim '' XX/XX/XXXX Dear Midland Credit Management , Inc. , I am writing to formally dispute the reporting of the charge-off account associated with Account # XXXX on my credit report. Under the Fair Credit Reporting Act ( FCRA ), specifically 15 U.S.C. 1681i ( Reinvestigation of Disputed Information ) and 15 U.S.C. 1681s-2 ( Responsibilities of Furnishers of Information ), I am entitled to request and receive complete and accurate documentation to verify the accuracy and legality of this account 's reporting. Additionally, under Texas law, I am requesting proper validation of this debt. 

Several legal precedents affirm my right to dispute this information and to request accurate reporting. In XXXX XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX XXXX  XXXX ), the court emphasized the duty of credit reporting agencies and furnishers to ensure the accuracy of the information reported on consumers ' credit reports. 

Additionally, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ( XXXX XXXX. XXXX ) reinforces the requirement that furnishers conduct proper investigations into disputes and verify the accuracy of their reporting. 

To properly validate this account, I am requesting the following : 1. Authenticated Double-Entry Accounting Records I am requesting full double-entry accounting records for the account mentioned. This should include a detailed breakdown that shows how all transactions were debited and credited, ensuring compliance with standard accounting principles. 
Authenticated evidence of the debt is required, as outlined in XXXXXXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX  ), which held that mere conclusory statements do not satisfy the validation requirement. 

2. Authenticated Evidence Based on Texas Law In addition to accounting records, I require authenticated evidence, in compliance with the Texas Debt Collection Act ( Tex. Fin. Code Ann. 392.001 ) that you have the legal right to report and collect this debt. This includes original signed contracts or agreements that show my obligation to pay the debt and your legal right to enforce collection and report it to credit bureaus. Without this evidence, the continued reporting of this debt may constitute a violation of both federal and state consumer protection laws. XXXX XXXX XXXX, XXXX XXXX XXXX ( XXXX. XXXX XXXX. XXXX ) requires that creditors produce original signed documentation to prove the validity of a debt. 

3. Permissible Purpose and Reporting Status Verification I am requesting verification of your permissible purpose for reporting this account, as well as clarification of the current reporting status. Under the FCRA, furnishers must have a valid and permissible purpose to report accounts, especially if the status of the account has changed. Please provide documentation to substantiate your continued reporting of this account and demonstrate that you maintain a valid permissible purpose. 

4. Documentation of Debt Securitization If this debt has been securitized or transferred to a trust or any other investment vehicle, I am requesting documentation that clarifies the securitization status. Securitization may affect your standing to continue collecting on the debt and reporting it to credit bureaus. If the debt has been sold, assigned, or otherwise transferred, please provide documentation showing that you still maintain the legal right to report and collect on this debt.

5. 1099-C Form Request If this debt has been forgiven, canceled, or settled for less than the full balance, I am requesting a copy of the 1099-C form filed with the IRS, as required when debt forgiveness exceeds {$600.00}. The IRS mandates that creditors issue a 1099-C form in cases where debt is canceled or forgiven in an amount over {$600.00}. If you have failed to file this form, continued reporting of this debt may be in violation of federal requirements. I request that this account be deleted from my credit report if it has been discharged or forgiven without proper reporting to the IRS.

Furthermore, this account has been reported with severe inaccuracies. Given the continued reporting errors, the lack of appropriate validation, and any potential securitization that may impact your standing, I am requesting the immediate deletion of this account from my credit report. 

Please respond within 30 days of receipt of this letter with confirmation that the account has been deleted from my credit report. Failure to do so may lead to further action, including filing formal complaints with the Consumer Financial Protection Bureau ( CFPB ) and pursuing legal remedies to enforce my rights. 

Thank you for your prompt attention to this matter. 

Sincerely, XXXX XXXX XXXX.

Company response to consumer: Closed with non-monetary relief