Date Received: 2023-04-05
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have tried to explain this with Midland collection about this account that does not belong to me. I explain to him to the company that I did not authorize it and I have a fraudulent alert on my account. I have a file with the credit bureau in reference to the original company XXXX XXXX XXXX they took out the inquiry off my account and because it was fraudulent and not authorized but they refused to take off the Midland credit collection agency, who is seeking to get money from me That I did not authorize I have written letters and inform them, and they still refuse to remove it from credit report. I asked him to provide me with a signature of where I established a credit relationship with XXXX XXXX XXXX, or a XXXX XXXX credit card. they deleted the inquiry because it was fraudulent, but not the collection because XXXX XXXX insist on me paying money for a fraud They refused to send any proof of my signature or anything else to prove it was me
Company Response:
State: FL
Zip: 34953
Submitted Via: Web
Date Sent: 2023-04-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-05
Issue: Managing an account
Subissue: Deposits and withdrawals
Consumer Complaint: The company Midland Funding LLC company XX/XX/XXXX put a hold on my account for the amount of {$1400.00} From a credit card from XXXX XXXX back XXXX or XXXX I cant remember I never opened an account with XXXX XXXX I was told to file this report with you and to file a police report ASAP I will be doing that in the morning
Company Response:
State: GA
Zip: 30228
Submitted Via: Web
Date Sent: 2023-04-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-04
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: Back around 5 years ago I had a XXXX XXXX account, it was around {$800.00}. I made all the payments on time then the company I was working FOr lost their business because of COVID-19. I decided to go back to college because it was hard with XXXX children and no babysitter. Now in XX/XX/2023 I received a request for a wage garnishment, I filed and showed up. The judge let me know that it was approved because I didn't go to first hearing. I NEVER received anything regarding a hearing I NEVER signed for any certified mail. I was never notified. The company is called midland credit management. It was sold off XXXX to their company. They also are wanted me to pay over {$3000.00} for a account I thought was only for around {$800.00}.
Company Response:
State: OH
Zip: 43204
Submitted Via: Web
Date Sent: 2023-04-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XXXX Midland Credit Management Inc timing to resolve a dispute on an alleged account is unacceptable. As of XX/XX/2023 I submitted a claim here with the CFPB stating I told MCM inc to cease and desist and they did not take me seriously. 15 U.S. Code 1692c ( C ) has been violated by MCM Inc and my FDPCA rights has been violated. Second As 15 U.S. Code 1692g states this is my response within 30 days and my complaint as said further. 15 U.S. Code 1692C ( A ) states - " Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. I have never given MCM Inc consent to contact me over an alleged debt that was incorrectly owed. At no point in time is a good time to discuss an allegedly incorrect debt. MCM Inc is implying that I have engaged in business with their company. I am requesting a visual signed contract with my signature proving that I have allowed for them to conduct business with me on this alleged account. Third MCM Inc is in possession of my personal information with I have never given them consent to have. I want to know how they got that information on this alleged debt that is incorrectly owed. This is a violation of 15 U.S. Code 1692b. Fourth MCM Inc needs to prove the existence of this alleged account and prove by verification, and " Verification '' is defined in XXXX Law Dictionary ( 4th ED. ) as " Confirmation of correctness, truth or authenticity by affidavit, oath or deposition ''. MCM Inc shall provide a signed valid contract with these terms including A Chain Of Assignment showing who has been in possession of this account, and a Sum Certain showing a complete accounting of how this alleged amount was arrived at, monthly statements, cardholder agreement signed, and a full original purchase agreement signed. Also under Tennessee state law ( TN Code 26-2-111 ( A ) ) and 11 U.S. Code 522 ( 10 ) ( A ) The only income I have coming in is Unemployment from the State Of Tennessee. This information is in no way an acknowledgment that I owe on this alleged account. This is considered exempt income under Tennesse Law and US Federal Law. If MCM Inc fails to be able to provide this information I expect them to delete this account from their files, and no further efforts to collect on this allegedly incorrectly owed debt will be made.
Company Response:
State: TN
Zip: 37343
Submitted Via: Web
Date Sent: 2023-04-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-04
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: On or around XX/XX/XXXX, I received a notice of writ of garnishment against my wages, although I was currently on a payment plan paying {$50.00} per month and had made my payments on time, in which the payment plan was set up in XXXX through the companies website and confirmed and they started deducting on an Auto Pay schedule. The amount listed on the writ of garnishment was {$730.00}, the amount reflected on their website was {$550.00} I believe. I called Midland regarding the garnishment and was told that they would file a release of garnishment since I was indeed on a payment plan and current on my plan. Two weeks later I called back to Midland to find out if the garnishment had been released ( since my payroll was due to garnish the full amount of the writ on XX/XX/XXXX ) I was told at this time that the garnishment release had not yet even been signed by the attorney ( in which I was assured it would be at the beginning of XXXX when I called the first time ). On XX/XX/XXXX another payment was taken via Auto pay of {$50.00} from my husbands checking account. I called to find out about the release again and was told it had not yet been processed. At this point it was too late to have the garnishment released in time not to be pulled from my upcoming paycheck, I spoke with a gentlemen and he agreed to stop my autopay of {$50.00} per mo since I knew at this time I would be way over paid when my XXXX funds reached there office. I received a notice from my employer that the full amount had been deducted for the XXXX {$730.00} - I called today XX/XX/XXXX to find out if the XXXX was ever released, additionally, if my funds had been received in their office yet, and what the process is going forward due to this oversight ( XXXX ) - I was told since my payment plan was cancelled I now owe them {$600.00} because I no longer qualified for the discounted amount ...... I was never told this when my payment plan was cancelled. Not only did this company submit a garn for well over the amount due, continued to collect monthly payments, now they added an additional {$100.00} or more dollars to my debt which I will have no choice but to pay since my garnishment funds will be well over what I owe. I feel this is deceptive practices, they continued to collect while submitting a garnishment taking them over 25 % of my income, and now refuse to honor the payment plan amount that I was never late on until they garnished me.
Company Response:
State: MI
Zip: 48843
Submitted Via: Web
Date Sent: 2023-04-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-04
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: In accordance with the fair credit Reporting Act XXXX XXXX # XXXX, has violented my rights.15 USC 1681 Section 602 State I have the right to privacy. 15 USC 681 section 2. It also state a consumer reporting agency can not furnish a account without my written instructions. 15 USC 1666B : A creditor may not treat a payment on a credit card under an open end consumer plan as late purpose.
Company Response:
State: NC
Zip: 27707
Submitted Via: Web
Date Sent: 2023-04-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-04
Issue: Written notification about debt
Subissue: Didn't receive notice of right to dispute
Consumer Complaint: I believe Midland Credit Management , INC violated the FDCPA by publically serving me a summons for a debt they failed to properly attempt to collect on in my native language. Midland Credit Management , INC has been sending me letters in the XXXX language. I do not speak, or read, XXXX. Why would I think anything mailed to me in XXXX is an important document that I would be required to respond to? I also received numerous calls from someone speaking XXXX, I am now under the assumption that was Midland Credit Management , INC . I embarrassingly had a police officer show up at my door serving me a summons for a debt I did not know existed. The debt has NOT shown up on any of the three credit bureaus, XXXX, XXXX, or XXXX, reports. How are they able to cause stress in my life by serving me a summons when they did not properly communicate with me in English? I think this is an extremely deceptive practice.
Company Response:
State: MI
Zip: 487XX
Submitted Via: Web
Date Sent: 2023-04-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Midland Credit Management Collection has been harassing me and my family for 13 years over a debt I do not owe. Apparently this is the result of identity theft. They have said they served me through the mail at an address that I have never resided at and they have an incorrect social security number for me. They have successfully secured a wage garnishment against me for {$21000.00} and have already taken {$800.00} from my last paycheck. The phone number to this agency is : XXXX
Company Response:
State: CA
Zip: 93727
Submitted Via: Web
Date Sent: 2023-04-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have had an ongoing issue with Midland credit management. I have filed both an FTC report and police report and made this company aware that these are not my accounts. They requested an updated FTC Identity Theft report with the account numbers and the date I was made aware of the fraud. I have listed it on the report. I am demanding this company delete both accounts or further actions will be taken.
Company Response:
State: FL
Zip: 32210
Submitted Via: Web
Date Sent: 2023-04-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-05
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: To Whom It May Concern : The following complaint is being filed against Midland Credit Management for what is considered unfair and deceptive debt collection practices. My original debt with XXXX XXXX was acquired by Midland Credit Management and per a Maryland XXXX XXXX order, a judgement was subsequently entered. Since XX/XX/XXXX, I have made monthly payments as agreed and have not breached this agreement which my credit profile with the bureaus indicates. I have also never received any communication ( calls, emails or messages of any kind ) from Midland Credit Management advising of any violations of this agreement on my part. On XX/XX/XXXX, I contacted Midland Credit Management to inquire about a PAY FOR DELETE option ( where I could potentially pay off the debt balance in full, in exchange for getting the collection removed/deleted from my credit history ). The sequence of this call was as follows : Spoke with XXXX at Midland Credit Management ( XXXX ) first ; he told me to call the legal team at XXXX ( Direct Line : XXXX ). I called the legal team and spoke with XXXX XXXX ( manager was named as XXXX XXXX ). After asking for my name and other information, XXXX followed the script by advising that this is an attempt to collect a debt and information obtained would be used for that purpose. I chuckled at this statement and kindly reminded XXXX that Midland Credit Management was already collecting the debt as per the agreement and that it was I who was contacting them with an inquiry. XXXX advised that this was something they had to say prior to proceeding with the conversation. I explained to XXXX that I was calling to solely inquire about the PAY FOR DELETE option and advised IF Midland Credit would be willing to delete the collection from my credit history and state so in writing, that I would in exchange consider paying my full balance. I emphasized that I would not agree to pay the full balance without having received a letter from Midland Credit Management acknowledging their agreement to delete the collection from my credit profile. XXXX placed me on hold and upon returning, advised that their team was putting together a letter to send me that morning. XXXX repeated my ask and said so you agree to pay the full balance and asked me to state yes. I told him No, Im not agreeing to pay the full balance UNLESS Midland Credit Management agrees to delete the collection. He attempted to reassure me, stating oh no maam, this is not your agreement to pay today. I reiterated that I was not agreeing to pay anything, only inquiring. Midland Credit Management submitted their first and only email to me since the XXXX judgement, on XX/XX/XXXX at XXXX. Their notation even stated as requested. The letter only stated that the account would be reported as PAID ( not deleted ), upon their receipt of my payment. Because this was not what I requested, I called back at XXXX and spoke with XXXX XXXX I advised him that the letter did not state the account will be deleted as I requested ; therefore, I would proceed with our original agreement. XXXX placed me on hold approximately 3 times, advising that his aim was to see if he could get what I want on the letter because they rarely have people to call in who want to resolve the account in full. Further proof that this was my only aim/reason for contacting Midland Credit Management and that it would be contingent upon a deletion. XXXX kept coming back stating that Midland Credit Management has a standard practice whereby once an account is paid in full, they will report it as such. He came back one final time to advise that they would not be able to submit a letter to me stating that they would delete the account from my credit profile. To which, I replied that I will just proceed with my normal payments then. I attempted to simply negotiate a deal that could be potentially beneficial to both parties. Instead, on XX/XX/XXXX, I received a notice from Midland Credit Management stating that I agreed to pay them the full balance and that if I did not sign and return the enclosed agreement, they may pursue additional legal action against me. They attached a copy of my original judgement. To again set the record straight, I NEVER agreed to pay them in full. If I wanted to pay them in full, I would have done so utilizing the same method of payment Ive used since XXXX. I would NOT need to call them to pay them in full. The point of my call to them was to negotiate, NOT to pay them in full. Again, I am perfectly fine paying them each month as Ive agreed. Midland Credit Management instead tried to manipulate this situation by using MY inquiry to them to get me to verbally agree to paying them the full balance, to which I refuted each time ; reiterating to them that I was not agreeing to pay them in full without a letter from them FIRST, stating they would delete the account. I also never signed any agreement stating that I would pay them in full. ( Please ask them to play the entire recording ). This was a deceptive mean to collect a debt and in my opinion violates the Fair Debt Collection Practices Act1 The Fair Debt Collection Practices Act ( FDCPA ) ( 15 U.S.C. 1692 et seq. ), designed to eliminate such practices. I appreciate your review of this matter.
Company Response:
State: MD
Zip: 20602
Submitted Via: Web
Date Sent: 2023-04-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A