Consumer complaint received 2025-02-22 00:00:00
Product: Credit reporting or other personal consumer reports — Credit reporting
Issue: Problem with a company's investigation into an existing problem — Their investigation did not fix an error on your report
Company: ENCORE CAPITAL GROUP INC.
State: FL

Complaint narrative:
COMPLAINT FOR XXXX XX/XX/XXXX XXXX XXXX XXXX  XXXX XXXX XXXX XXXXXXXX XXXX  XXXX Subject : Formal Demand for Reinvestigation and Deletion of Fraudulent and Inaccurate Accounts To Whom It May Concern, The reason for this letter is that today, XX/XX/XXXX, I received a letter from XXXX stating that the XXXX XXXX account information was verified correctly. My previous dispute clearly indicated that the information reported is incorrect ( refer to CFPB complaint # XXXX ). Additionally, I dispute the reporting of two XXXX XXXX XXXX XXXX accounts because their payment information is being reported inaccurately ( refer to CFPB complaints # XXXX and # XXXX ). Furthermore, the XXXX XXXX account is fraudulent ( refer to CFPB complaint # XXXX ), and I am disputing unauthorized credit inquiries, including one from XXXX Auto ( refer to CFPB complaint # XXXX ) and a new inquiry under the name XXXX, which I just received via XXXX letter regular mail today ( refer to the attached copy of the letter I received today ). 
These accounts and inquiries were either fraudulently opened, inaccurately reported, or unauthorized, and despite my multiple disputes, XXXX has failed to conduct a fair investigation as required under the Fair Credit Reporting Act ( FCRA ), 15 U.S.C. 1681i. XXXX continues to report these accounts as verified without providing any method of verification, which is also required under FCRA 1681i ( a ) ( 6 ) ( B ) ( iii ). 
Background : XXXX. XXXX XXXX Account XXXX XXXX As soon as I noticed this account on my credit report, I began disputing it and gathering information. After conducting due diligence to resolve this matter, I contacted XXXX XXXX  and spoke with a supervisor who confirmed the following : XXXXXXXX XXXX confirmed to me on the phone on XX/XX/XXXX the sale of this account to Midland Credit Management ( MCM ) with a balance of {$3200.00} On XX/XX/XXXX, XXXX XXXX  confirmed to me on the phone on XX/XX/XXXX that they no longer have any information regarding this account, as it was sold to MCM. 
I contacted MCM in XX/XX/XXXX, and they confirmed that they purchased the debt from XXXX XXXX in XXXX, and by XXXX, they closed the account after an investigation confirmed that it was fraudulently opened. I requested documentation from MCM to provide XXXX. 
Midland Credit Management sent me a letter confirming that the account was closed with a {$0.00} balance and I have no obligation on respect this account anymore. 
Despite disputing this with XXXX, the account remains on my report under XXXX XXXX, even though both XXXX and MCM have confirmed that the account was closed due to fraud. 
I followed up with both XXXXXXXX XXXX and MCM, and they confirmed that they had done their due diligence in reporting the closure of this fraudulent account with a {$0.00} balance, and that XXXX should have removed the account from my credit report SINCE XXXX. 
Despite my efforts and the confirmations from both XXXXXXXX XXXX and MCM, XXXX continues to inaccurately report that the account is valid under XXXXXXXX XXXX, which is not correct. I called XXXX XXXX five times to confirm whether I had any account with them, and each time, they confirmed that I do not have any active or valid account with XXXX Bank. At this point, XXXX is failing to properly investigate and misrepresenting the results of their investigation. This behavior violates FCRA, 15 U.S.C. 1681e ( b ), which requires credit reporting agencies to ensure the maximum possible accuracy of the information in consumer reports. 


XXXX XXXX  XXXX Account XXXX XXXX On XX/XX/XXXX, I formally disputed the incorrect payment information that XXXX is reporting for this account. Specifically, the last updated dates and payment statuses are inconsistent across the credit bureaus, with XXXX reporting incorrect dates and late payments for months after the account was closed and settled. 
o Despite providing supporting documentation and raising this dispute, XXXX continues to report inaccurate information as of today, XX/XX/XXXX, per the letter I received ( see attached ). This inaccurate reporting is in direct violation of FCRA, 15 U.S.C. 1681i ( a ) ( 1 ) ( A ), which mandates that credit reporting agencies conduct a reasonable reinvestigation of disputed information. 
XXXX. XXXX XXXX XXXX XXXX Accounts XXXX XXXX The payment history for these two accounts ( Account Numbers : XXXX and XXXX ) is being incorrectly reported. These accounts were closed on XX/XX/XXXX, and XX/XX/XXXX, respectively, yet XXXX continues to report delinquencies and late payments after these closure dates. As of today, XX/XX/XXXX, the incorrect payment information remains on my report ( see attached ). This failure to accurately update the status of these accounts is a violation of FCRA, 15 U.S.C. 1681c ( a ) ( 4 ), which prohibits reporting of inaccurate information beyond the closure of the account. 
4. Unauthorized Credit Inquiries : o Inquiries by XXXX Auto and XXXX were not authorized by me, and I have no knowledge of these inquiries. These unauthorized inquiries have caused further damage to my credit profile and are still being reported as of today, XX/XX/XXXX ( see attached ). These inquiries are a violation of FCRA, 15 U.S.C. 1681b ( c ), which prohibits unauthorized credit inquiries and requires that credit inquiries be permissible under law. The continued presence of these inquiries on my report constitutes a failure by XXXX to maintain the accuracy of my credit file under FCRA, 15 U.S.C. 1681e ( b ). 

Legal Violations : Under the FCRA and other relevant laws, XXXX is required to perform a reasonable investigation of disputes. Your actions violate the following provisions : FCRA 1681i : Mandates that credit reporting agencies conduct a reasonable reinvestigation when consumers dispute inaccurate information. XXXX has failed to meet this obligation by providing an insufficient investigation into these accounts. 
FCRA 1681e ( b ) : Requires credit reporting agencies to ensure the maximum possible accuracy of the information in consumer reports. By continuing to report incorrect payment information for the XXXX  XXXX account and failing to correct the XXXX XXXX and XXXX XXXX XXXX XXXX accounts XXXX XXXX is in clear violation.

FDCPA 807 ( 15 U.S.C. 1692e ) : Prohibits false or misleading representations, including misrepresenting the status of a debt. XXXX continued reporting of these accounts constitutes a misleading representation. 
Be Advised : Be aware that if I receive a letter from XXXX stating that you will not proceed with considering this or any of my current disputes because you believe someone else is disputing on my behalf, I will use that as grounds to sue you. For more details on the ongoing issues, please see the attached copy of my CFPB complaint submitted on XX/XX/XXXX, regarding the following past situations : 1. Failure to Process My Disputes Properly 2. Allegations of Third-Party Credit Repair Involvement 3. Inadequate and Confusing Responses 4. Failure to Address Disputes in Good Faith This complaint is # XXXX, and you should have it in your system along with proof of all the inadequate treatment I have received from XXXX. Be advised that all the proof I have been collecting since XXXX regarding XXXX failures will be used in court to ensure this situation does not happen to someone else. 


Damages and Request for Deletion : Due to the continued reporting of these fraudulent and inaccurate accounts, I have suffered significant damage to my credit, including the inability to secure credit lines, increased interest rates, and emotional distress. I am requesting that XXXX immediately delete the above-referenced accounts from my credit report or, in the case of the XXXX  XXXX and XXXX XXXX XXXX XXXX accounts , correct the payment information. 
Request for Expedited Resolution : Due to the prolonged mishandling of my disputes and the significant harm this has caused me, I request an expedited resolution of this matter. Under Section 1681s-2 ( a ) ( 8 ) of the Fair Credit Reporting Act ( FCRA ), I believe XXXX has had sufficient time and multiple opportunities to address these inaccuracies, and it is unreasonable to allow the maximum 30-day period when my disputes have remained unresolved despite my diligent efforts since XXXX. The Fair Debt Collection Practices Act ( FDCPA ) 806 prohibits unreasonable delays that cause harm to consumers, and your continued inaction on this matter is negatively impacting my creditworthiness and financial well-being. 
I expect a resolution before the 30-day period typically allowed by law and request that all errors and fraudulent accounts be corrected immediately. 

Conclusion : XXXX failure to comply with federal law is unacceptable. If this matter is not resolved within 30 days, I will be forced to pursue all available legal remedies, including filing a lawsuit for violations of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. Additionally, I will escalate this matter with the CFPB and other regulatory agencies. 
Please provide me with a written confirmation of the results of your reinvestigation and an updated copy of my credit report reflecting the necessary corrections. 

Affidavit and Supporting Documentation : In support of my dispute, I have attached a notarized affidavit that details my efforts to resolve the inaccuracies reported by XXXX. The affidavit outlines the fraudulent accounts, incorrect payment information, and unauthorized credit inquiries that continue to appear on my credit report, despite my diligent efforts to address these issues. Additionally, I have included supporting documentation that further substantiates my claims, including records of phone calls, correspondence, and confirmation from the creditors involved. 
This affidavit serves as sworn testimony to the facts presented, and I respectfully request that XXXX take immediate action to correct these inaccuracies in accordance with the Fair Credit Reporting Act ( FCRA ). 



COMPLAINT FOR MIDLAND CREDIT : Letter to Midland Credit Management XX/XX/XXXX Midland Credit Management , Inc . 
XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Subject : Formal Request for Confirmation of Fraudulent Account Closure and Release from Liability To Whom It May Concern, I am writing to formally request confirmation regarding the closure of a fraudulent Comenity Bank/Wayfair account ( Account ending in XXXX ) that was sold to Midland Credit Management ( MCM ) by XXXX XXXX in XXXX XXXX As part of my due diligence, I contacted MCM in XX/XX/XXXX, and your company confirmed that the account was closed in XXXX, with a {$0.00} balance, after it was determined that the account had been opened fraudulently. I also received a letter from MCM confirming the closure and {$0.00} balance on this account. 

Despite my dispute with XXXX, this fraudulent account continues to be reported under XXXX XXXX  on my credit report. Both XXXXXXXX XXXX and MCM have confirmed that the account is no longer valid and should have been removed from my report. 

In accordance with the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692e ( 8 ), which prohibits reporting false information regarding a debt, I am requesting that MCM send me a formal confirmation letter or proof confirming that I am no longer accountable for this debt and that the account was fully closed with a {$0.00} balance due to fraud. I also request that you take any necessary action to ensure XXXX removes this account from my credit report. 

I am attaching a copy of the letter you previously sent confirming the closure and {$0.00} balance. Please reconfirm that this account was closed as a result of fraud and assist in ensuring that XXXX updates my credit report accordingly. 

Thank you for your attention to this matter, and I look forward to your prompt response. 


COMPLAINT FOR XXXX XXXX XX/XX/XXXX XXXX XXXX  XXXX XXXX XXXX XXXX, XXXX  XXXX Subject : Request for Reconfirmation of Fraudulent Account Sale, Closure, and Release from Liability To Whom It May Concern, I am writing regarding a fraudulent account with XXXX XXXX ( Account XXXX XXXX XXXX XXXX that was sold to Midland Credit Management ( MCM ) XXXX XXXX XXXX After discovering this account on my credit report, I contacted XXXXXXXX XXXX in XX/XX/XXXX, and I was informed by your representative that this account had been sold to MCM with a balance of {$3200.00}. Furthermore, XXXXXXXX XXXX confirmed that you no longer hold any information regarding this account. 

MCM has since confirmed that they closed the account in XXXX after determining that it was fraudulently opened. Despite this, XXXX continues to report the account under XXXX XXXX. I have disputed this information with XXXX, but they have yet to remove the fraudulent account from my credit report. 

In accordance with the Fair Debt Collection Practices Act ( FDCPA ), 15 U.S.C. 1692e ( 8 ), which prohibits the reporting of false or misleading information regarding a debt, I am formally requesting that XXXXXXXX XXXX send me confirmation that I am no longer accountable for this debt or account. Additionally, please take the necessary steps to ensure the removal of this account from my credit report by notifying XXXX and providing any proof needed for them to update their records accordingly. 

Thank you for your prompt attention to this matter. Please respond to confirm your actions and provide documentation verifying that I am no longer liable for this account.

Company response to consumer: Closed with explanation