Consumer complaint received 2025-03-24 00:00:00
Product: Debt collection — Credit card debt
Issue: Took or threatened to take negative or legal action — Threatened to sue you for very old debt
Company: ENCORE CAPITAL GROUP INC.
State: MI

Complaint narrative:
I am filing a formal complaint against Midland Credit Management for multiple violations of the Fair Debt Collection Practices Act ( FDCPA ) and the Fair Credit Reporting Act ( FCRA ) related to their attempts to collect on an alleged debt. Midland Credit Management has initiated a lawsuit against me in Michigan XXXX District Court, Case No. XXXX to collect on alleged debts that were charged off by the original creditorsXXXX XXXX XXXX, XXXX. and XXXX XXXX. The lawsuit contains misleading and potentially unlawful information, which I believe constitutes a violation of federal laws. 


Details of the Complaint : 1. Lawsuit Filed Without Proper Documentation Midland Credit Management has failed to provide sufficient documentation to establish ownership and the legal right to collect on the alleged debts. 
Incomplete Chain of Title : Midland has not presented a complete chain of title that includes the necessary purchase agreements and supporting documents between the following parties : XXXX XXXX XXXX  to XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX to XXXX XXXX XXXX XXXX XXXX XXXX Midland Credit Management XXXX XXXX  to Midland Credit Management Deficient Bill of Sale and Assignments : The Bill of Sale provided references an unspecified electronic file but does not include the purchase agreement between the parties or any account-level detail. 
The Portfolio Level Affidavit of Sale by the original creditor does not contain the required Schedule 1/Asset Schedule that verifies the alleged account was included in the sale. 
Exhibit A Account Schedule, referenced in the bill of sale, merely references an electronic file without attaching the actual file or providing specific details about the alleged account. 


2. Insufficient Evidence for Collection and Lack of Standing to Sue Midland lacks standing to pursue legal action because they have not demonstrated ownership of the alleged accounts. 
Failure to Prove Legal Ownership : A bill of sale referencing a pool of accounts is insufficient without proof that the alleged account was included in the sale. 
Missing Documentation - Bill of Sale for XXXX XXXX  : No documentation has been provided for accounts allegedly originating from XXXX XXXX  ( XXXX XXXX and XXXX XXXX  XXXX XXXX ). 


3. Misleading and Deceptive Legal Complaint The legal complaint contains misleading language, potentially violating 15 U.S.C. 1692e ( 11 ) by creating confusion about how to respond to the lawsuit. 
Mini-Miranda Warning Misuse : Including the Mini-Miranda warning in court documents suggests that I should respond to Midland directly instead of through the court. 
Questionable Timing of Affidavit Creation : The Portfolio Level Affidavit was created well after the date of sale, raising questions about its authenticity and purpose. 
Failure to Honor Mandatory Arbitration Provision : The Bill of Sale states that it is executed without recourse except as stated in the credit card purchase agreement, implying that Midland is bound by the original creditors arbitration provision. 



4. Attempt to Collect on Charged-Off Debt Without Valid Authority Midland is attempting to collect on debts that were charged off by the original creditors, who likely issued 1099-C forms to the IRS, reflecting the charge-off status Failure to Provide 1099-C Documentation : I have not received any 1099-C forms that confirm the charged-off status of these debts.

Failure to Verify Debt Was Not Securitized : Midland has not provided proof that the alleged debts were not securitized and transferred to a secure trust, which would eliminate their legal standing to collect. 

5. Harassment and Violations of Privacy Midland has engaged in persistent harassment and privacy violations, including : Mailing multiple notices despite my lack of consent. 
Calling my personal phone multiple times a day at inconvenient hours. 
Pursuing legal action without verifying ownership or legal authority to collect. 

6. Reporting False and Inaccurate Information Midland has knowingly reported false and inaccurate information to credit reporting agencies, violating the FCRA. 
XXXX XXXX XXXX : Alleged balance of {$750.00}, charged off on XX/XX/XXXX, but reported as opened on XX/XX/XXXX. The opened date aligns with the Bill of Sale and Affidavit of Sale date, which is misleading and inaccurate. 
XXXX XXXX XXXX  XXXX : Alleged balance of {$920.00}, charged off on XX/XX/XXXX, but reported as opened on XX/XX/XXXX. The opened date reflects the date listed in the Bill of Sale and Affidavit, creating the appearance of a new account rather than a charged-off debt. 
XXXX XXXX XXXX  : Alleged balance of {$890.00}, charged off on XX/XX/XXXX, but reported as opened on XX/XX/XXXX. The opened date mirrors the dates in the Bill of Sale and Affidavit, inaccurately portraying the status of the account. 

Violations of Federal Law : FDCPA Violations : 807 ( 15 U.S.C. 1692e ) : Prohibiting false, deceptive, or misleading representations in connection with debt collection.

806 ( 15 U.S.C. 1692d ) : Prohibiting harassment and abuse.

FCRA Violations : 623 ( 15 U.S.C. 1681s-2 ) : Requiring furnishers to ensure accuracy and completeness of reported information.

Damages Sought : Due to Midlands willful noncompliance with federal law, I am prepared to seek : Statutory damages, actual damages, and punitive damages under the FDCPA and FCRA. 
Compensation of {$250000.00} for emotional distress, reputational harm, and defamation caused by their actions. 
Reasonable attorneys fees and court costs associated with pursuing a counterclaim. 


Relief Requested : To avoid further legal action, I demand the following corrective measures : Immediate removal of all inaccurate, unverifiable, and misleading information from my consumer credit report.

Cessation of all collection efforts on the disputed accounts.

Production of 1099-C forms and verifiable proof that the alleged debts were not transferred to a secure trust.

Proof that the original creditors did not securitize the alleged debts and that Midland has the legal authority to collect on these accounts.

Compensation of {$2500.00} for damages incurred due to Midlands unlawful actions.

Conclusion : Midland Credit Managements actions have caused significant emotional distress and financial harm. Their failure to provide verifiable proof of ownership, misleading language in legal documents, and continuous harassment constitute serious violations of federal law. I am requesting the CFPBs immediate intervention to investigate these violations and hold Midland Credit Management accountable.

Company response to consumer: Closed with non-monetary relief