Consumer complaint received 2025-06-04 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Improper use of your report — Reporting company used your report improperly
Company: ENCORE CAPITAL GROUP INC.
State: CA

Complaint narrative:
This letter serves as a formal Cease and Desist demand requiring your agency to immediately halt all collection activities and communications regarding the alleged debt associated with : Account Name : MIDLAND CREDIT MANAGEM Account Number : XXXX Your agency is now on legal notice that I dispute the validity and legal enforceability of this alleged debt. I have reason to believe this debt may have been securitized, sold, or transferred. Therefore, I demand full documentation proving that your company has legal standing to collect or report this account.

REQUIRED DOCUMENTATION TO PROVE LEGAL STANDING You must provide the following documentation to establish your companys legal right to collect or report this debt : 1. A copy of the Pooling and Servicing Agreement ( PSA ) related to this account, proving whether the debt was pooled into a securitization trust.

2. A copy of your most recent 10-K SEC filing , showing how this debt was accounted for in your financial disclosures.

3. The S-3 SEC filing , identifying whether this debt was included in a securitization trust.

4. Full chain of title documentation, including all assignments, transfers, or sales of this debt.

5. Any purchase or sale agreements related to this account, proving ownership and legal authority.

If your company no longer owns this debt, you must provide : The name and contact details of the current debt owner.

The date of transfer and supporting documentation proving the transfer.

LEGAL VIOLATIONS & DEMAND FOR IMMEDIATE REMEDY 1. FAILURE TO VALIDATE THE DEBT VIOLATION OF FDCPA 15 U.S.C.

1692g ( b ) Under the Fair Debt Collection Practices Act ( FDCPA ), a debt collector must provide full validation upon request, including a signed contract, a complete payment history, and legal proof of assignment from the original creditor. Simply providing a generic account statement does not constitute valid proof.

Required Action : If you can not provide full validation within 30 days, you must delete this account from all reporting agencies and cease collection activity permanently.

2. FAILURE TO VERIFY LEGAL OWNERSHIP VIOLATION OF TILA 15 U.S.C.

1641 ( g ) If this debt was sold, assigned, or transferred, the new owner was legally required to notify me within 30 days of the transfer. If you lack proper assignment records, you are collecting on a debt you do not legally own, which is a direct violation of federal law.

Required Action : If you can not provide a full chain of assignment, cease all collection efforts immediately.

3. FALSE & MISLEADING REPORTING VIOLATION OF FCRA 15 U.S.C. 1681s2 ( a ) Debt collectors are prohibited from reporting inaccurate, unverifiable, or disputed information to credit bureaus. If your agency is reporting this debt without proper validation, it is a clear violation of the Fair Credit Reporting Act ( FCRA ) and subject to legal action.

Required Action : If this debt can not be verified, you must immediately delete it from all consumer reporting agencies.

4. SECURITIZATION & IMPROPER REPORTING FRAUDULENT ACCOUNTING PRACTICES If this debt has been securitized, charged off, or written off as a loss, but is still being reported with a balance, your company is engaging in deceptive financial practices, violating the FTC Act ( 15 U.S.C. 45 ).

Required Action : If this account was securitized or sold, you must delete it from my credit report immediatelyand provide proof of ownership history.

5. CONTINUED COLLECTION EFFORTS AFTER CEASE AND DESIST VIOLATION OF FDCPA 15 U.S.C. 1692c ( c ) Under federal law, once a written Cease and Desist request is received, a debt collector must immediately stop all collection attempts except for legal action permitted by statute. Any further contact from your agency, outside of confirming compliance, will be considered harassment and a direct violation of federal consumer protection laws. 
Required Action : You must immediately cease all collection activity and notify me in writing that this debt is no longer being pursued.

Company response to consumer: Closed with explanation