Consumer complaint received 2025-03-25 00:00:00
Product: Debt collection — Credit card debt
Issue: Written notification about debt — Didn't receive enough information to verify debt
Company: ENCORE CAPITAL GROUP INC.
State: TX

Complaint narrative:
Midland Credit Management ( on behalf of XXXX XXXX XXXX XXXX ) Account Number : Ending in XXXX I am submitting this complaint against Midland Credit Management, the debt buyer for XXXX XXXX XXXX XXXX  regarding significant violations of my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ), the Fair Credit Reporting Act ( FCRA ), and the Texas Finance Code 392.307. No executed Bill of Sale, Purchase Agreement, or proper chain of title has been produced.

The following issues form the basis of my complaint : The original creditor ( The Bank of Missouri ) failed to comply with consumer protection provisions under the CARES Act. I experienced documented financial hardship due to job loss and XXXX XXXXXXXX during the COVID-19 pandemic, yet I was never offered deferment or forbearance. This violates Section 4021 of the CARES Act, which amended FCRA ( 15 U.S.C. 1681s-2 ( a ) ( 1 ) ), requiring that any account reported during an accommodation remain in " current '' status if it was current prior to the arrangement.

Other violations include : FCRA ( 15 U.S.C. 1681n ) Willful failure to comply with accurate reporting obligations.

Texas Finance Code 392.307 Prohibiting revival of expired statute of limitations ; debt collectors must disclose when a debt is time-barred.

Lack of Standing & Failure to Provide Required Documentation - Midland Credit Management has failed to provide : A valid Bill of Sale A Purchase Agreement A complete chain of title or assignment A signed agreement between me and the original creditor Instead, they have only provided generic email and billing summaries, which do not prove they legally own or have the right to collect on this alleged debt. This violates FDCPA 1692g, which requires collectors to provide meaningful debt validation upon request. The Original Creditor ( XXXX XXXX XXXX  ) did not notify me that this account was being handled by Midland. 

Violation of Credit Protection Plan At the time this debt was incurred, I was enrolled in a Credit Protection Plan through my Milestone credit card ( issued by XXXX XXXX XXXX XXXX ). The creditor failed to honor the terms of that protection plan when financial hardship occurred, and the account was not managed in accordance with the protections promised.

Re-Aging and Inaccurate Credit Reporting - Illegal Re-Aging FCRA 1681c ( a ) ( 4 ) Credit reporting agencies are prohibited from reporting negative information ( like charge-offs or collections ) more than 7 years from the date of first delinquency.

If a debt collector changes the " date opened '' or " status updated '' to make the debt appear more recent, it restarts the clock illegally, this is " re-aging '' the debt.

Midland has continued to report this debt with : An incorrect delinquency date, re-aging the debt ( in violation of FCRA 1681c ) - Inaccurate balances and statuses, Failure to accurately reflect that this account should have aged off my report and been marked time-barred.

Failure to Disclose Time-Barred Status Under Texas Finance Code 392.307, debt collectors must inform consumers in writing if the debt is past the statute of limitations and that they will not sue to collect it. I was never notified of this, despite the debt being well beyond the allowable time frame for legal action.

Company response to consumer: Closed with non-monetary relief