Debt collection -- Attempts to collect debt not owed -- Complaint #4778905

Complaint Overview

Complaint ID: 4778905

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: Illinois

ZIP Code: 60827

Date Received: 2021-10-04T12:00:00-05:00

Date Sent to Company: 2021-10-05T12:00:00-05:00

Company Response: Closed with explanation

Timely Response: Yes

Consumer Disputed: N/A

Submitted Via: Web

Consumer Narrative

THIS IS NOT A DUPLICATE RESPONSE- YOU RESPONDED TO MY CFPB COMPLAINT ENDING IN # XXXX ON XX/XX/21, I RESPONDED BACK TO YOUR CLAIMS WITHIN THE CFPB COMPLAINT ENDING IN # XXXX ON XXXX. AND YOU MARKED IT AS DUPLICATE. MY TWO RESPONSES ARE NOT THE SAME. I HAVE THE RIGHT TO RESPOND TO WHAT YOU STATE. THAT IS A VIOLATION OF MY FEDERALLY PROTECTED CONSUMER RIGHTS- 12 USC 5511 ( c ) ( 2 ) and 12 USC 5511 ( b ) ( 2 ) JUNK DEBT BUYER IN VIOLATION OF THE FDCPA - IN VIOLATION OF MY FEDERALLY PROTECTED CONSUMER RIGHTS- I AM THE CONSUMER- I AM THE ADMINISTRATOR- I AM THE EXECUTOR 15 USC 1692c ( d ) Midland Credit Management stated in the previous complaint that they have bought this debt. Therefore a person would not owe this alleged debt to Midland Credit Management, or the assumed original creditor. Midland Credit Management stated XXXX as the original creditor had the right to legally seek repayment of the promissory obligation the new third party purchaser has the right to repayment of the credit account. Midland Credit Management is under the false pretense that since the alleged debt was sold to them that they can legally seek repayment. Midland Credit Management just admitted to False or Misleading Representations pursuant to 15 USC 1692e ( 6 ) ( A ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt ; or ( B ) become subject to any practice prohibited by this subchapter. Please be advised, Midland Credit Management has incorrectly defined the term " charge off ''. However, defined in LAW, within the Fair Debt Collection Practices Act, is the term " debt '' ; 15 USC 1692a ( 5 ) The term debt means any obligation or ALLEGED obligation of a consumer to pay money arising out of a TRANSACTION. Midland Credit Management stated that this alleged debt was charged off by the assumed original creditor, therefore there is no longer a transaction, therefore THERE IS NO DEBT. Midland Credit Management also advised they received my " CEASE AND DESIST '' notice. In that Cease and Desist notice I advised Midland Credit Management to cease ALL FORMS OF COMMUNICATION through ANY AND ALL MEDIUMS. Pursuant to 15 USC 1692a ( 2 ) congress defined Communication in the Fair Debt Collection Practices Act as " the conveying of information regarding a debt directly or INDIRECTLY to any person through ANY MEDIUM '' My consumer reports are INDIRECT MEDIUMS and Midland Credit Management must adhere to law and not communicate with me through my consumer reports or they will be in violation. Also, I, the federally protected consumer, never gave Midland Credit Management permission to have my location information or my authentication feature, that is a violation of my INDIVIDUAL right to privacy, pursuant to 15 USC 1692 ( a ). Furthermore, Midland Credit Management just admitted to participating in conspiring against my rights with the assumed original creditor, pursuant to 18 USC 241, which they shall be fined and imprisoned for 10 years. Midland Credit Management are violating 18 USC 1028 by UNLAWFULLY transferring my authentication feature ( social security number ) electronically. I am not a consumer who is unaware of his rights and the laws that protect him against abusive debt collection practices, such as Midland Credit Management is displaying. Fact, I do not need Midland Credit Management to respect consumers ' rights, I need them to adhere to the consumer protection laws which governs them. This debt collector is violating a number of my FEDERALLY PROTECTED CONSUMER RIGHTS ; some, but not all, are included in my Bill of Particulars. Do not violate my rights or the Fair Debt Collection Practices Act any further. Deleted this alleged account from all of my consumer reports immediately and terminate all further collection efforts. Do not sell or transfer any of my personal information in connection with this alleged debt. I do not give Midland Credit Management, or any of its representatives, affiliates, employees or legal counsel permission to pursue legal action against me, the federally protected consumer, for that would be a violation pursuant to 15 USC 1692i ( b ) and 15 USC 1692e ( 3 ). With Explicit Reservations of all Rights, Without Prejudice - UCC 1-308

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