Consumer complaint received 2025-04-29 00:00:00
Product: Debt collection — I do not know
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC.
State: TX

Complaint narrative:
XXXX XXXX XXXX XXXX Mail Return Receipt Requested To : Midland Credit Management Account XXXX XXXX XXXXXXXX To Whom It May Concern : This letter serves as a formal demand for validation, a cease and desist order, and a notice of pending legal action, pursuant to my rights under the Fair Debt Collection Practices Act ( 15 U.S.C. 1692 et seq. ), Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq. ), Uniform Commercial Code ( UCC Articles 3 and 9 ), FTC Identity Theft Guidelines, and applicable state and federal consumer protection laws. 

XXXX. Was This Debt Securitized? 
You are hereby demanded to produce : Proof whether the alleged debt associated with my name and your referenced account number has been securitized, sold, or transferred into any trust, security pool, XXXX, or third-party ownership structure ; I was also a victim of identity theft per XXXX document uploaded as proof. So please provide me with evidence that this account is actually mine, and not due to any fraudulent identity theft, even though XXXX clearly states my information was impacted by their data breach. 

Full chain of title showing all ownership transfers, assignments, and any legal sale of the alleged receivable ; Disclosure of any and all beneficial interest holders. 

Failure to produce a complete, unbroken chain of title shall be considered evidence that you have no standing to collect this alleged debt. 

XXXX. Has This Debt Been Charged Off? 
You must confirm in writing : Whether the alleged account has been charged off ; The date of charge-off ; The original creditors name and original account number ; Documentation proving that any right to collect survived the charge-off event. 

If the alleged debt was charged off, and you can not produce lawful post-charge-off assignment proof, you have no lawful standing to collect or report it. 

XXXX. Proof of Authorization to Access My Private Information Under FCRA 604 ( a ), you are required to prove : Who authorized you to pull, purchase, view, or utilize my private consumer credit file ; The legal basis for your acquisition of my personal identifying information. 

Absent proof of explicit permission or permissible purpose, your actions constitute identity theft under federal law. 

XXXX. Cease and Desist Communication Order Under FDCPA 805 ( c ) and 15 U.S.C. 1692c ( c ) : You are hereby directed to immediately cease all direct and indirect communication with me.

Communication includes but is not limited to : Phone calls, Voicemails, Text messages, Emails, Reporting to any consumer reporting agencies ( which constitutes indirect communication ). 

Any continued communication or reporting shall be considered harassment, a willful violation of federal law, and will trigger immediate litigation/arbitration. 

XXXX. Violations of FDCPA, FCRA, and UCC Your collection attempts and access to my personal information constitute serious violations of : FDCPA 807 ( false representation ) ; FDCPA 809 ( failure to validate debts ) ; FCRA 623 ( furnishing inaccurate information ) ; UCC 3-501 & 3-603 ( failure to accept lawful tender ) ; Identity Theft Enforcement and Restitution Act ( 18 U.S.C. 1030 ).

Each uncorrected violation is subject to statutory damages, actual damages, punitive damages, and legal fees. 

XXXX. Demand for Full Accounting and Wet-Ink Original Contract You must provide : A full transactional history of the alleged account, including payments, interest accrual, fees, charges, and penalties ; A certified copy of the original contract bearing my wet-ink signature, proving any legal obligation ; Proof that any alleged debt was properly assigned to you with full disclosure. 

XXXX. Legal Consequences and Settlement Demand You are hereby offered a final settlement opportunity : Permanent deletion of the alleged account from all consumer reporting agencies ; Written confirmation that the account will not be sold, reassigned, or re-reported ever again ; Payment of {$1000.00} to me for settlement of damages to my credit and reputation. 

Failure to comply fully within XXXX ( XXXX ) calendar days from receipt of this notice shall constitute : Final notice before I initiate binding private arbitration or civil litigation against you, Seeking damages for : XXXX, Mental anguish, Defamation of character, FDCPA statutory and actual damages, FCRA violations, Spoliation of evidence ( if you fail to preserve documents ), Plus full attorney 's fees and court/arbitration costs. 

I will also file formal complaints with : Federal Trade Commission ( FTC ), Texas Attorney Generals Office, State Bar Association ( for ethical misconduct by corporate counsel ). 

Governing Law : All matters relating to this account shall be governed by : The Fair Debt Collection Practices Act ( FDCPA ), The Fair Credit Reporting Act ( FCRA ), The Identity Theft Enforcement and Restitution Act, The Uniform Commercial Code ( UCC Articles 3 and 9 ), And any applicable state law. 

Respectfully, XXXX XXXX Without Prejudice, All Rights Reserved

Company response to consumer: Closed with non-monetary relief