Date Received: 2023-06-23
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: MIDLAND CREDIT MANAGEMENT is currently reporting on all three major consumer reporting bureaus that I owe their company {$2200.00}. Reporting started on XX/XX/ and is currently still active. I've sent them written notice in which I haven't received a response. I don't know who this company is nor do I do I have any documentation with my signature nor verbal agreement with this company, so I have no contractual agreement with this company. I demand this be removed from consumer report immediately. As a ramification due to this fraudulent account, I was discriminated against & denied my right to be extended credit. Nevertheless, I have suffered emotional and mental stress because of this false and negative credit bureau reporting.
Company Response:
State: GA
Zip: 30813
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: Apparently my identity was stolen and someone opened a account with XXXX XXXX XXXX Bank I been trying to explain to Midland Credit Management that I was a victim of identity theft and I have rights regarding this debt, nobody verified the debt with me or anything as of today the debt is not on my credit report but this against the fair credit act and I will be taking legal process if it appears on my credit report.
Company Response:
State: PA
Zip: 17036
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I would like for MIDLANDCRE to show proof of verification that I owe them $ {$250.00}, ACCOUNT XXXX. As of date, you have not provided me with a 1099c for my review and my records. I am asking that you do this now. In addition, if you reported this alleged debt as a loss to the IRS, I request that you pull this account back from any collection agency you may have placed it with or from any debt buyer you may have sold this to. I demand to see Verifiable Proof ( an original Consumer Contract with my Signature on it ) you have on file of the accounts listed ABOVE. Your failure to positively verify these accounts has hurt my ability to obtain credit. Under the FCRA, unverified accounts must be removed and if you are unable to provide me a copy of verifiable proof, you must remove the accounts listed below. Please provide this within 30 days. Until this has been provided, I am requesting that any negative reporting to my credit by your company or any company trying to collect this debt is immediately stopped.
Company Response:
State: VA
Zip: 223XX
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: XXXX XXXX XXXX Disputed XX/XX/2023 XXXX XXXX said it's verified. By their own information they are a buyer o the debt. So therefore I don't owe XXXX. The original creditor is XXXX XXXX.
Company Response:
State: LA
Zip: 704XX
Submitted Via: Web
Date Sent: 2023-07-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: Midland credit management Disputed XX/XX/2023 XXXX XXXX said it's verified. By their own information they are a buyer o the debt. So therefore I don't owe Midland. The original creditor is XXXX bank.
Company Response:
State: LA
Zip: 704XX
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have disputed numerous times to have this account removed. They never provided me with the verification I requested. I filed a complaint with XXXX XXXX XXXX account was removed last week. It has since been placed back on my credit report with a dollar increase and a new owing date. I am requesting validation, made pursuant to the Fair Debt Collection Practices Act. Please note that I am requesting validation ; that is competent evidence bearing my signature, showing that I have ( or ever had ) some contractual obligation to pay you. Please also be aware that any negative mark found on my credit reports ( including XXXX, XXXX and XXXX ) from your company or any company that you represent, for a debt that I dont owe, is a violation of the Fair Debt Collection Practices Act ; therefore if you can not validate the debt, you must request that all credit reporting agencies delete the entry. Pending the outcome of my investigation of any evidence that you submit, you are instructed to take no action that could be detrimental to any of my credit reports. Failure to respond within 30 days of receipt of this certified letter will result in small claims legal action against your company at my local venue. I will be seeking a minimum of {$3000.00} in damages for : 1 ) Defamation 2 ) Negligent Enablement of Identity Fraud 3 ) Violation of the Fair Debt Collection Practices Act ( including but not limited to Section 807-8 ) In accordance with the Fair Credit Reporting Act. 15 U.S.C. 1681 section 602 A States I have a right to privacy. 15 U.S.C 1681 section 604 A section 2. It also states a consumer reporting agency can not furnish an account without my written instructions. Public Record XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Has violated my rights.
Company Response:
State: MI
Zip: 48186
Submitted Via: Web
Date Sent: 2023-06-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-24
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: I am not sure how old this debt is I believe from XXXX or XXXX for XXXX. I have tried to resolve the issue over and over by talking to Midland Credit Management and explained to them that I do not have a job right now. I have been looking but to no avail at the moment. They continue to try to set up a payment plan and have threatened to sue me for it a couple times, recently sending an email about it today. The amount is {$1600.00} Actions taken were I did pay once before I lost employment and haven't been able to since, they have called a lot from different XXXX numbers and emailed me with a legal notice if I don't pay or hear from me by XXXX XXXX. I have talked to them by phone and they keep trying to get another debt that they are not trying to sue me for which is for XXXX XXXX for {$670.00} When I mentioned about the XXXX debt they refused to go over to it because they wanted me to set up a payment plan for that one as well.
Company Response:
State: PA
Zip: 17257
Submitted Via: Web
Date Sent: 2023-06-24
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-22
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: MCM states that you collect personal information from ME on applications and other forms. This is a lie. I did not provide any information to you and you also stated that you gained my information from another party not me. No information was provided to MCM directly from consumer. In italic below comes directly from your website. https : //www.midlandcredit.comXXXX Information we receive from you on applications or other forms. This information may include : Your name Address Social Security Number Telephone number Other relevant information that you provide Information we receive about your account transactions with us, our affiliates, or others including the original creditor. This may include information such as : Account balance Payment history Account activity Information we receive from consumer reporting agencies ( such as credit scores and history ) and other information relating to your creditworthiness. We do not use Customer Information we have obtained about you for any purpose other than to service or manage your account ( s ) in the ordinary course of our business. We do not share Customer Information we have obtained about you with affiliates or non-affiliated third parties except to the extent necessary to aid us in servicing or managing your account ( s ) in the ordinary course of our business, such as : to companies to whom we may assign your account for servicing ; to companies that provide mailing services to us ; and to service providers that help us administer our database containing your account. Consumer has received your response dated XX/XX/XXXX. You stated that you a 3rd party purchaser has the same rights to collect on promissory note as the original creditor. I ask for MCM to produce this promissory note. You stated that obligations on a promissory instrument which require an agreement by contract is now due to you ( MCM ). This is a false and misleading practice of deception. You are violating the FDCPA and CalCivCode 1565-1590 contract law. If MCM have a valid contractual agreement signed by consumers agent that require the consumer to pay on a promissory obligation, then MCM must provide that contract to consumer as proof. MCM chooses to violate Rosenthal Fair Debt Collection Practices Act. Not to mention MCM still has no valid license in the state of CA. Because the consumer has no legal obligation to MCM, EXEPT TO RESPOND TO THIS NOTICE then MCM must cease and desists all communications including consumer reporting communication. 15 U.S. Code 1692c states a debt collector may not communicate with consumer without prior consumer directly consenting to debt collector. You previously stated that consumer permission is not required to report to consumer report. As the consumer previously stated to MCM, under 15 U.S. Code 1681b - Permissible purposes of consumer reports a consumer report must have written consent from consumer furnishing of information and consumer report can not have personal transaction history. You also state consumer permission is not required because you sent a validation letter. Consumer points out according to 12 CFR 1016 you must provide a clear and conspicuous notice to each of your consumers that accurately explains the right to opt out under that section. It further states that the consumer has the right to opt out at any time. You failed to provide either of this information within the validation letter to consumer. YOU MUST DELETE FROM CONSUMER REPORT. 12 CFR 1022.24 reasonable opt-out opportunity must be provided. You stated that MCM sent a notice informing consumer of alleged account being acquired by MCM. I point out that this would be false claims because the 3rd party uses a completely different account number than that of the original account that is still open on the private for set offs and balancing in which MCM wouldnt have any rights nor ownership of that account. Where is the Bill of Sale? You state that you reserve the right to accurately report to consumer credit agencies but you are reporting a false debt and a false account using identity theft and violating federal and state codes and regulations that are to protect the consumer. You stated that when a creditor " charges off '' an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt. I would like to reiterate that debt being written off creditors books just like they were written on the books. This is a requirement in balancing the ledger and collect the insurance policy. According to IRS these charged off accounts become income to the principle account holders account with the IRS. You legally can not attempt to collect on credits posing as income. You stated that there have not been any payments received for referenced account. Consumer asks which account are you referring to, the alleged MCM account which no contract exists or the alleged original creditors account in which the original creditors account would actually be owned by the principle holder? Consumer also points out that the alleged original creditor has a mandatory arbitration agreement in place and no adverse actions can be taken prior to arbitration clause. As stated before in my previous claim you are in violation of my privacy under the Privacy Act of 1974 and the California Consumer Privacy Act. I did not authorize MCM to obtain in anyway my private information including alleged debt and use it against me. As stated in previous notice a California resident under California Consumer Privacy Act, have the right to request deletion of personal information and opt out of sale of personal information. PLEASE PROCESS OPT OUT OF SELLING AND SHARING PERSONAL INFORMATION & DELETE PERSONAL INFORMATION. The consumer will take it a step further in seeking remedy per 15 USC 1692k. The consumer demand compensation for each month of violations of {$1000.00} per month until account is removed. I have enclosed an invoice. Please address payment to contact below. Thank you!
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-06-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-22
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I mailed a letter to midland credit management Inc. on XX/XX/XXXX stating. Per the FCRA as a federally protected customer. I am now opting out of any and all authorization I the consumer may have given you written unwritten verbal nonverbal as per 15 USC 6802. This is effective immediately and indefinitely. Also the account mentioned above that you are trying to collect on has been charged off and according to the Internal revenue service, charge offs is considered a certificate of indebtedness which means it is now income. Income is not to be reported on a credit report please remove. You are in violation of my privacy right under the Privacy Act of 1974. MIDLAND CREDIT MANAGEMENT INC you are committing security fraud PURSUANT TO SECTION 13 OR 15 ( d ) OF THE SECURITIES EXCHANGE ACT OF 1934. They have not received any correspondence from them
Company Response:
State: NY
Zip: 104XX
Submitted Via: Web
Date Sent: 2023-06-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-06-21
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: On XX/XX/XXXX, I mailed a letter to validate a collection that is being reported to the credit bureaus. The account was opened with Midland Funding LLC on XX/XX/XXXX, showing a balance of {$1500.00}. Midland Funding LLC failed to respond to my validation letter with the requested information. The uploaded attachment is the mailed letter and correspondence from Midland Funding LLC.
Company Response:
State: MI
Zip: 48198
Submitted Via: Web
Date Sent: 2023-06-21
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A