Consumer complaint received 2025-04-02 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: ENCORE CAPITAL GROUP INC.
State: LA

Complaint narrative:
Dear XXXX, I am writing to formally file a complaint regarding Midland Credit Management 's practices in relation to XXXX accounts they purchased from XXXX XXXX, which were reported as charge-offs on my credit report. I have reason to believe that Midland Credit Management has violated my rights under the Fair Debt Collection Practices Act ( FDCPA ), the Fair Credit Reporting Act ( FCRA ), and other relevant consumer protection laws. 

XXXX. Failure to Verify Mailing Address and Provide Proper Notification I was completely unaware of these accounts until they appeared as charge-offs on my credit report. Despite Midland Credit Management being required to notify me of the debt within five days of initial contact under the FDCPA ( 15 U.S.C. 1692g ), they failed to verify my correct mailing address. As a result, I never received documentation regarding the accounts from Midland at my current address. 

XXXX. Damaging Impact on Credit Report The reporting of these charge-offs has caused significant harm to my credit, severely impacting my ability to obtain employment and access credit. Under the FCRA ( 15 U.S.C. 1681 ), credit reporting agencies are required to report accurate and complete information. The failure of Midland Credit Management to properly notify me of the debt and to provide an opportunity for dispute resolution prior to reporting the accounts has resulted in erroneous information being reported to the credit bureaus, in violation of my rights. 

XXXX. Disputed Debt and Payment Arrangement Upon discovering the charge-offs, I promptly began disputing the debt. Nevertheless, in an effort to resolve the issue and avoid further damage to my credit, I entered into a payment arrangement with Midland Credit Management. However, I did not agree to pay the full amount of the original balance. Despite this, Midland has continued to draft payments from my checking account for several months without providing adequate documentation regarding the payment plan terms. 

When I contacted Midland Credit Management to inquire about the payment arrangement, I was informed that the payment plan was established until XX/XX/year>. Furthermore, I was told that a cease-and-desist clause had been applied to my account, yet Midland continues to send mail regarding this debt, further violating my rights under the FDCPA ( 15 U.S.C. 1692c ). Additionally, their representatives have been unable to adequately answer my questions regarding the details of the debt, the payment arrangement, or the terms of the cease-and-desist order. This lack of transparency and failure to provide clear and accurate information further exacerbates my concerns and indicates a serious breach of consumer protections. 

XXXX. Failure to Adhere to Their Own Policy According to Midland Credit Managements own website, they have a policy in place stating that if a payment arrangement is made within a specified timeframe, they will not report the debt to credit bureaus. However, Midland did not provide me with proper notice of the debt until it was already reported to the credit bureaus. This failure to adhere to their stated policy is a clear violation of both the FCRA and FDCPA. 

XXXX. Emotional Distress and XXXX The actions of Midland Credit Management have caused me significant emotional distress. The repeated and unresolved issues surrounding the debt, coupled with the erroneous charge-offs on my credit report, have resulted in XXXX XXXX XXXX. The fear of potential legal action, along with the uncertainty regarding the legitimacy of the debt, has had a severe impact on my mental and emotional well-being. This distress has further compounded the harm caused by their illegal practices.

Company response to consumer: Closed with explanation