Consumer complaint received 2024-11-20 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt was result of identity theft
Company: ENCORE CAPITAL GROUP INC.
State: IL

Complaint narrative:
To Midland Credit Management , Inc. XXXX XXXX XXXX or to whom it XXXX concern. 

This is a response to the recent CFPB Case : # XXXX. 

The two alleged XXXX accounts, once again, are not mine. Yet, these two alleged accounts are still insisted that they are mine through your company. Within this, once again, you blatantly created new, yet, separate accounts, with account numbers for each alleged account as if I not only had created these with your company when I never did any business with Midland Credit Management Inc., but also linking them to the alleged XXXX accounts as if I had these alleged XXXX accounts in the past. This of which I did not, and of which is used in representing new alleged accounts with your company. As previously stated, this is extortion of 18 USC 894 in an attempt to collect a payment, in addition with these alleged accounts being added to my credit report in XX/XX/XXXX then being removed. 

It is still very unclear as to how your company acquired my personal information, especially as seen on the Affidavit of Sale from the unknown, Debt buyer. I never opened these alleged accounts nor created the alleged debt associated with them. I also never established any accounts with Midland Credit Management Inc. The fact that you mentioned, You provided your information to the original creditor when the accounts were opened... in the paragraph of you speaking of how the personal information was acquired shows that nothing was investigated in regards to how this information was obtained as this is still a wrongful assumption, and no details of investigation, nor methodology of investigation was mentioned. 

Also, there were no letters regarding these accounts received within the month of XXXX or XXXX of XXXX. Aside, you mention, A copy of the verification information provided by the seller for each of your accounts is enclosed for your records. The statements included in your response is not sufficient for verification under the FDCPA. This does not provide conspicuous documentation alongside how the information was handled, and any investigation of these alleged accounts and its alleged debts. 15 USC 1692g ( a ) entails validation of alleged debts, and 15 USC 1692g ( b ) entails verification of alleged debts. Validation and Verification are two different facets of the FDCPA. Also, once again, these alleged accounts are were never mine. Within the same aforementioned quote, it is not known who the, seller, is. You mention the specific entity in the beginning of your response, seller, XXXX, XXXX, for example. Within in this the word, seller, is mentioned as is which implies another party. This is the same as the, Debt Buyer, that is mentioned on your Affidavit of Sale. In all of the responses that I received after the initial dispute, including this CFPB response, the Debt Buyer is still unknown, and apposite as this, Seller. Is this, seller, the same as the, debt buyer? This is, quite frankly, a misrepresentation of the alleged debt and documentation associated with it as you never responded with whom the person or entity is in regards to the purchasing of the alleged debt and how they handled my private information that was already stolen. The fact that this was not answered is a violation of XXXX ILCS XXXX Consumer Fraud and Deceptive Practices Business Act, and 15 USC 1692e as nothing is conspicuous in regards to whom the, debt buyer, and seller, is and how they handled my information. 

Who is the, Debt Buyer, on the Affidavit of Sale, and how did they handle my private information? 

The demand letters you mention arrived on XX/XX/XXXX that stated I had to make a payment in full by XXXX, XXXX, XXXX or a lawsuit with a judgment would occur. It was not until I called on XX/XX/XXXX that I was told this these alleged accounts were disputed. The demand letters are openly violations of 18 USC 894, and XXXX ILCS XXXX as they are an intimidating threat to sue, and seek judgment if the alleged debt is not, PAID IN FULL, exactly as its written on the demand notices, and not giving the option of disputing, validation or verification of any part of the alleged debt. 

Legal efforts were continued surreptitiously as I was not notified of a legal action happening as I was under the impression that from the last responses dated XX/XX/XXXX that these alleged accounts were under investigation. This is a blatant misrepresentation of a lawsuit under 15 USC 1692e, and XXXX ILCS XXXX, Even in the response sent to me through the CFPB information of an investigation is not stated. Midland Credit Management Inc. did not tell me what process or methodology was being used to conduct an investigation. Your company did not find what the findings yielded after the alleged investigation was completed. Also, Midland Credit Management Inc. did not tell me when they resumed legal proceedings based on the findings of the alleged investigation. This of which is also a violation of XXXX ILCS XXXX and XXXX XXXX XXXX XXXX. 

To state in plain English, legal actions continued after the XX/XX/XXXX response sent to me by your company despite me not being notified of a result of the investigation or when the investigation even ended. You state that, No further legal actions were initiated during dispute investigations..., yet, aforementioned, I was not notified of an update of the investigation and only the, joint suit, on XX/XX/XXXX. 

I would like to request a Sworn Affidavit or Declaration in regards to the investigation on the alleged accounts, conspicuous information on how my private information was shared and handled that outlines who this unknown, debt buyer, is, and the process on how they also handled this information.

Company response to consumer: Closed with non-monetary relief