Consumer complaint received 2025-03-13 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC.
State: FL

Complaint narrative:
Midland Funding, LLC has not provided the requested validation of debt. 

Midland Funding, LLC 1XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, FL XXXX Subject : Request for Debt Validation Dispute of Debt Dear Sir/Madam, I am writing in response to your communication regarding the debt referenced in your letter, which I am disputing. I hereby request full validation of the debt under 15 U.S.C.A. 1692g ( a ), as I believe this debt has been improperly acquired and is being pursued without proper legal grounds. Per the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C.A. 1692 et seq., and the XXXX XXXX XXXX XXXX XXXX XXXX decision ( 2024 ), I am requesting the following information to verify the legitimacy of this debt and your right to collect it. 
Debt Validation Request In accordance with 15 U.S.C.A. 1692g ( a ), I am requesting the following documentation from you : 1. Evidence that the debt is mine : Please provide documentation or proof that I am the person obligated to pay the debt. This may include a copy of the original agreement or contract with the original creditor, showing that I am responsible for the debt in question.

2. Evidence that Midland Funding owns the debt : Please provide a copy of the assignment or bill of sale indicating that Midland Funding legally acquired the debt from the original creditor. Additionally, please provide the full chain of title for the debt, from the original creditor to your company, showing that you hold legal ownership of the debt.

3. Evidence that I owe the debt : Please provide full documentation showing that I owe the debt, including detailed account statements, including original charges, payment history, interest, and any other applicable fees. Additionally, include a breakdown of the current balance and any charges that have been added since the debt was assigned to your company.

4. The agreement with the original creditor : Please provide a copy of the signed agreement or contract that I entered into with the original creditor. If no agreement exists or can not be produced, kindly provide evidence of any legal obligation or assignment of debt that would bind me to this debt. 
5. Documentation showing how Midland acquired my debt : Please provide a detailed explanation and documentation demonstrating how Midland acquired the debt from the original creditor, including purchase dates, amounts, and any other relevant documentation. This includes any transfer of rights or responsibilities under applicable state or federal law. 
XXXX Requests In addition to the above, I am requesting the following discovery of information to support your claim : 1. The amount of the debt you are attempting to collect.

2. The name of the creditor to whom the debt is owed.

3. A statement that unless I dispute the debt within thirty ( 30 ) days of receiving this letter, the debt will be considered valid by your company.

4. A statement that if I dispute the debt within the thirty ( 30 ) days, you will either provide a verification of the debt or a copy of any judgment against me.

5. A statement that if I request, you will provide the name and address of the original creditor, if different from Midland Funding.

6. Any insurance claims associated with the debt.

Legal Precedents and Statute of Limitations In accordance with XXXX XXXX XXXX XXXX XXXX XXXX ( 2024 ), a debt collector must prove that the debt is valid and that they have the legal right to collect it. You must also provide evidence that the statute of limitations has not expired on this debt. Depending on the jurisdiction, the statute of limitations may vary, but once it expires, the debt is no longer enforceable in a court of law. Therefore, I request proof that the statute of limitations has not passed.

Under 15 U.S.C.A. 1692g ( b ), upon receipt of a dispute, you are required to cease collection activities until the debt is validated. If you are unable to provide the requested documentation or verification, or if the debt is outside the statute of limitations, I request that you immediately cease all collection efforts.

Request for Documentation Delivery Please send the requested documents to the following address : Please note that under the FDCPA, you are required to respond to this request within thirty ( 30 ) days. Should you fail to provide the requested validation of this debt or the required documentation, I will consider this matter closed and request that you cease all collection efforts immediately.

Possible Violations of Credit Status Laws I would like to bring to your attention that under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C.A. 1681 et seq., it is a violation to report inaccurate or unverified debts to credit reporting agencies. If Midland Funding continues to pursue this debt without providing the requested documentation, it may be violating my rights under the FCRA. Additionally, under 15 U.S.C.A. 1692e of the FDCPA, any false or misleading representations, including misrepresenting the amount or legal status of the debt, are prohibited. Failure to validate this debt and provide proper documentation could also be considered a violation of these provisions.

I look forward to your prompt response.

Company response to consumer: Closed with non-monetary relief