Consumer complaint received 2024-11-07 00:00:00
Product: Debt collection — Credit card debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: ENCORE CAPITAL GROUP INC.
State: NY

Complaint narrative:
Midland Credit Management , Inc . 
XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Affidavit of XXXX XXXX Enforcement of FDCPA, FCRA, and Contract Law Regarding Debt Collection by Midland Credit Management , Inc . 
XX/XX/year> XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, do solemnly swear and affirm as follows : 1. Background and Context I am the undersigned individual and the primary party of interest concerning the alleged debt purportedly held by Midland Credit Management , Inc . I am submitting this affidavit to enforce my rights under 15 U.S.C. 1692 ( FDCPA ), 15 U.S.C. 1681 ( FCRA ), and all applicable consumer protection and contract laws as they pertain to this matter. This affidavit is presented to Midland Credit Management , Inc. to dispute the legitimacy and accuracy of their claim, to demand verification of their authorization to collect on the alleged debt, and to request proof of the original account documentation per FDCPA and FCRA mandates. 
2. Dispute and Demand for Verification As per 15 U.S.C. 1692g ( FDCPA ), I hereby request full verification and validation of the debt that Midland claims to hold. According to this law, debt collectors must provide documented evidence to substantiate the validity and amount of the debt, including : The original contract or agreement with XXXXXXXX XXXX, as referenced in the complaint. 
A clear chain of title demonstrating Midlands acquisition of this debt and authority to collect. 
3. Enforcement of Consumer Protection Laws 15 U.S.C. 1681i ( FCRA ) requires that any information related to a disputed debt be fully verified, accurate, and complete. If the information can not be verified within the legally allotted time frame, it must be corrected or removed from all credit records. Under 15 U.S.C. 1681s-2, Midland is required to report accurate information and to correct or delete any false data related to my credit report. I have reason to believe that Midland may not hold complete and accurate information or proper documentation regarding this alleged debt. Should Midland fail to verify and substantiate the information within the required period, I demand immediate deletion of any information relating to this account from my credit report. 
4. Request for Method of Obtaining Responses and Verification As outlined in 15 USC 1681i ( 7 ), I hereby request a detailed report on the methods Midland has used to verify the accuracy of any information related to this account. Any updates to payment history without valid proof of the original account agreement or terms are insufficient for compliance. 
5. Potential Penalties for Non-Compliance In cases of willful or negligent non-compliance, 15 U.S.C. 1681n and 1681o authorize consumers to seek damages, including statutory and actual damages, attorneys fees, and punitive damages. If Midland fails to provide valid proof of debt ownership and verification, I reserve the right to seek all legal remedies available under these laws and pursue claims of statutory and actual damages due to inaccurate reporting or unauthorized collection attempts. 
6. Declaration of Unauthorized Collection Activity Given the lack of substantiated documentation provided, I formally state that Midland Credit Management , Inc. has no current legal basis to proceed with collection activity regarding this debt. Any attempt to collect or report this debt without compliance with verification requirements shall be considered unauthorized. 
7. Affirmation and Demand I demand that Midland Credit Management , Inc. provide within 15 days a thorough, documented response that includes all verification methods and original account documentation for the alleged debt. If the alleged debt can not be verified as required by law, I demand its immediate removal from any credit reporting and that Midland cease any further collection actions related to this account. 
I affirm under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Company response to consumer: Closed with explanation