Consumer complaint received 2025-03-29 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC.
State: UT

Complaint narrative:
Subject : Complaint Against Midland Credit Management Unverified/Invalid Debt on Credit Report Summary of Issue : I am filing this complaint regarding an account that Midland Credit Management is reporting on my credit reports. The account is a collection for {$11000.00} allegedly originating from XXXX XXXX XXXX. ( account charged off and now owned by Midland ). This account is scheduled to remain on my credit report until XX/XX/year>. I dispute this debt I do not recognize it as valid, and I have no contract or agreement with Midland Credit Management for this obligation. 

Details : Midland Credit Management has been reporting this debt to the credit bureaus, yet has not provided validation to prove that the debt is actually mine and valid. I have formally requested a debt validation from Midland under my rights provided by the Fair Debt Collection Practices Act ( FDCPA ), specifically 15 U.S. Code 1692g, which grants consumers the right to request verification of an alleged debt. To date, Midland has not provided any proof such as a signed contract, itemized account statement, or evidence of their legal right to collect this debt.

By reporting and attempting to collect a debt without validating it, I believe Midland is violating federal law. The Fair Credit Reporting Act ( FCRA ), 15 U.S. Code 1681s-2, prohibits furnishers from reporting information that is inaccurate or can not be verified. If Midland can not verify the debts accuracy and my responsibility for it, they should not be reporting it at all. Additionally, under XXXX Statute of Frauds ( XXXX XXXX XXXX ), any credit agreement must be in writing and signed to be enforceable. Midland has provided no evidence of any written agreement bearing my signature that obligates me to this debt, calling into question their legal basis for even collecting or reporting it.

Laws violated ( or at issue ) : FDCPA 15 U.S.C. 1692g : Failure to validate the debt upon request and continuing collection/reporting without verification.

FCRA 15 U.S.C. 1681s-2 : Reporting debt information that may be inaccurate or unverifiable, which is not in compliance with the duties of data furnishers. 
XXXX XXXXXXXX XXXX ( Statute of Frauds ) : Attempting to enforce an alleged debt with no written contract or agreement signed by the consumer, as required by state law for validity. 

Impact on Consumer : This unverified collection account is seriously damaging my credit and reputation. I am concerned that I am being penalized for a debt that has not been proven to be mine. The presence of this account on my credit report has caused my credit score to drop and has affected my ability to obtain credit. It is stressful and unfair to have a derogatory mark for a debt that lacks proper documentation. 

Requested Resolution : I respectfully request that the CFPB assist in resolving this issue. Specifically, I ask that Midland Credit Management be required to provide full validation of the debt ( original signed contract, itemization, proof of ownership of the debt, etc. ) or, if they can not, to immediately delete/remove the account from all consumer credit reporting agencies ( XXXX, XXXX, and XXXX ) and cease all collection activities related to it. I also ask that Midland update any of my credit reports to reflect that I dispute this account ( as required by law when a debt is in dispute ).

In summary, I want to ensure that only verified, legitimate debts appear on my credit reports. If Midland Credit Management can not verify that this debt is valid and that I owe it, they should not be allowed to continue reporting it or attempting to collect it. Thank you for your prompt attention to this complaint. I hope for a swift and fair resolution that results in the removal of this erroneous collection account from my credit reports. 

Sincerely, XXXX XXXX

Company response to consumer: Closed with explanation