Debt collection: False statements or representation
Consumer Financial Protection Bureau
Key Details
- Posted Date
- NAICS Code
- 541211
- Source
- cfpb
- Awarded To
- ENCORE CAPITAL GROUP INC.
Description
XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXXXXXX XXXX XX/XX/XXXXXXXX XXXX Midland Credit Management Inc. XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX RE : CEASE & DESIST/DEBT VALIDATION DEMAND-VIOLATIONS OF THE FDCPA & FCRA ACCOUNT # XXXX To Whom It May Concern : Thus letter serves as a formal CEASE AND DESIST and DEMAND FOR DEBT VALIDATION pursuant to my rights under the Fair Debt Collection Practices Act ( 15 U.S. Code 1692g ) and the Fair Credit Reporting Act ( 15 U.S. Code 1681s-2 ). You are hereby ordered to CEASE AND DESIST all forms of communication with me, my family, or my place of employment regarding the alleged debt referenced above. Your agency has no verified legal right to collect, report, or pursue action on this account without proper and complete validation of ownership and legal assignment of this debt. You are current in violation of federal law by continuing to report this account to the credit bureaus without substantiating your right to collect. If you can not prove full ownership or legal right to collect this debt, you are knowingly furnishing inaccurate and unverified information, which is a direct violation of the FCRA ( 15 U. S. code 1681 s-2 ; a ) ( 1 ) ( A ) ). I am formally demanding the following documentation within 15 calendar days from the date of this letter : The original signed contract or application bearing my signature showing liability for this debt. The complete chain of title or assignment of debt, including all transfers and dates from the original creditor to your agency. A copy of the bill of sale or purchase agreement showing your agency legally owns this debt. An itemized statement of all amounts claimed to be owed, including principal, interest, fees, and charges. Your debt collector license number and the state ( s ) in which you are licensed to collect. Your surety bond information, as required by law in certain jurisdictions. If you are unable to produce the above documentation in full, you are legally required to immediately remove this account from all consumer reporting agencies and cease any collection efforts and return all monies from prior collection. Further, if you do not legally own the debt, I demand that you return the account to the original creditor and permanently cease any further action on this matter. Be advised that continued failure to validate, coupled with continued furnishing of false information to credit bureaus, constitutes willful noncompliance under 15 U.S.C. 1681 n and is subject to actual, statutory, and punitive damages, as well as attorney fees and court costs. I am documenting all violations and reserve the right to file complaints with the Consumer Financial Protection Bureau ( CFPB ), the Federal Trade Commission ( FTC ), my state attorney generals office, and seek relief through litigation if necessary. Let this serve as your final warning. Failure to comply within 15 calendar days will result in further legal action. Sincerely, XXXX XXXX
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