Debt collection -- Attempts to collect debt not owed -- Complaint #12516822

Complaint Overview

Complaint ID: 12516822

Company: Encore Capital Group INC.

Product: Debt collection

Sub-Product: I do not know

Issue: Attempts to collect debt not owed

Sub-Issue: Debt is not yours

State: New York

ZIP Code: 11235

Date Received: 2025-03-15T12:00:00-05:00

Date Sent to Company: 2025-03-15T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

This is a complaint against Midland Credit Management who refused to validate a debt they said I owe. XXXX falsely reported me to credit bureaus as delinquent and sent me a collection letter dated XXXX for {$34000.00}. Attached is my letter dated XX/XX/XXXX sent to XXXX via certified mail in response to their collection letter dated XXXX seeking {$34000.00}. I demand that XXXX responds to each and every request in my validation and verification letter dated XX/XX/XXXX ( attached ) sent to XXXX via certified mail that says : Be advised that this is a notice that your claims are disputed and validation is requested. I am disputing the above-referenced debts. You did not validate the alleged debt as requested in my prior letters dated XX/XX/XXXX ; XX/XX/XXXX and XX/XX/XXXX - all sent to you via certified mail and as required by the Fair Debt Collection Practices Act ( FDCPA ) and XXXX XXXX XXXXXXXX XXXX XXXX ( section XXXX ). I am in receipt of your letter dated XXXX demanding payment in the amount of {$34000.00}. Please validate the debt you say I owe you as required by the Fair Debt Collection Practices Act ( FDCPA ) ( section 1692g ) and verify the debt you say I owe you as required by XXXX XXXX XXXXXXXX XXXX XXXX ( section XXXX ). XXXX XXXX XXXX regulations require all debt XXXX to send specific written documentation verifying the debt. Under section XXXX of the Rules of the XXXX XXXX XXXX XXXX XXXX XXXX requires all of the following : *Proof of agreement of the alleged debtor to pay the original creditor ; *A copy of the final account statement issued by the original creditor ; *A breakdown of the total amount due, showing principal, interest, and other charges ; and For all other charges, the date of and basis for each charge. CREDITOR/DEBT COLLECTOR DECLARATION In addition to the above, please provide the following for each debt you say I owe you : *Agreement with your client that grants you the authority to collect on this alleged debt. *Agreement that bears the signature of the alleged debtor wherein XXXX agreed to pay the creditor. *Name and address of alleged creditor. *Name on file of alleged debtor. *Alleged account number. *Address on file for alleged debtor. *Amount of alleged debt. *Date this alleged debt became payable. *Date of original charge off or delinquency. *Verification that this debt was assigned or sold to collector. *Complete accounting of alleged debt. *Commission for debt collector if collection efforts are successful. Your letter dated XXXX states that I supposedly owe {$34000.00}, Claimed Amount. I do not owe the Claimed Amount. In fact, I did not owe any money at all to the entity on whose behalf you are seeking to collect. Your XX/XX/XXXX Letter claims the alleged Debt is owed to Midland Credit Management XXXX XXXX ( the Putative Creditor ). I did not owe the alleged Debt to the Putative Creditor. The Putative Creditor never offered to extend credit to me. I never entered into any contract with the Putative Creditor. I was never involved in any transaction with the Putative Creditor. I never did any business with the Putative Creditor. I was never indebted to the Putative Creditor. The Putative Creditor is a stranger to me. I demand that you respond to the above and provides detailed itemization for each purported charge. I demand that you provide a detailed accounting of all alleged purchases, charges, credits, offsets and payments to the account you represented as opened by XXXX Bank. Page XXXX of your collection letter dated XXXX lists XXXX Bank. I never opened any accounts with XXXX Bank. Please attach proper documentation to verify that alleged charge, fee, interest, or amount is permitted under an agreement if any or under applicable law. Unless or until you provide the requested and required documentation, I object to and dispute any and all fee, charge, interest, penalty, amount claimed as owed by you in your XX/XX/XXXX letter. Upon information and belief, based upon the representation contained in the XX/XX/XXXX XXXX, the last payment date was XX/XX/XXXX. Upon information and belief, the last payment date preceded Midland Credit Management XXXX purported acquisition of the alleged XXXX. Please provide proof evidencing your purported legal right, title, ownership and/or interest of the alleged XXXX. I demand that you provide proof of agreement of the alleged debtor to pay the original creditor and detailed itemization of all charges for the account you stated I opened with the original creditor. I deny owing anything to you, and deny that any balance remains due on any agreement until the actual genuine document, if any, is presented. I demand a valid proof of any assignment of any note or any agreement or any loan involving this consumer that will entitle you to the relief you seek. This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 ( b ) of the FDCPA. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. At this time I will also inform you that if your offices have or continue to report invalidated information to any of the XXXX major credit bureaus ( XXXX, XXXX, XXXX XXXX ), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following : Violation of the Fair Debt Collection Practices Act and Defamation of Character. I am sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with legal counsel for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. It would be advisable that you and/or your client assure that your records are in order before I am forced to take legal action. Furthermore, please provide the name and address of the bonding agent for XXXX AGENCY in case legal action becomes necessary. Your claim can not and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act and verification pursuant to XXXX XXXX XXXXXXXX XXXX XXXX ( section XXXX ) For the reasons stated above, I request you produce all documents requested above and validate the alleged debt as stated above in accordance with federal, state and local rules.

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