Date Received: 2023-03-30
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I received an order to answer interrogatories along with a letter dated XXXX XXXX XXXX, from the HR department at my job. It asked for salary information for a person with a name I've never used at an old address. I thought it was a scam and ignored it, because I knew that I would need to be served if anyone was suing me, and had never once had any communication about a debt or a lawsuit. Then they started garnishing my wages on XX/XX/XXXX. A week later, on XX/XX/XXXX, I received a notice and a letter from the HR department at my job, dated XX/XX/XXXX, that my wages would be garnished starting with my XX/XX/XXXX paycheck. These are the only two communications I received, ever, about any lawsuit against me. When I looked up the case number, this case has been ongoing since XXXX, and I have never once received any notice, have never been served, have never received a single letter or phone call about it. All the times the attached case summary shows I have been served are blatantly false. I don't know where this debt came from. I don't know what it is for. I do not believe I owe it, and I have never been given the chance to dispute it. I will be obtaining the services of an attorney.
Company Response:
State: IN
Zip: 46218
Submitted Via: Web
Date Sent: 2023-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-30
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: This debt has come back verified several times by Midland Funding LLC and it is incorrect. The alleged original balance amount was first {$350.00}. Disputed it again on XX/XX/2023 and it was changed to {$350.00}. The amount being reported is incorrect.
Company Response:
State: SC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-03-30
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-02
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: On XX/XX/23 Midland credit Management and I made an agreement to settle a collection of {$1400.00} paid in full and removed from my credit report for {$1100.00}. I was promised that a letter would be sent to me stated those details. The collection agency reported that I only paid XXXX which has still left a balance of {$340.00} on my credit report. They also stated that I would receive a letter in ten days after the payment was approved. It is now XX/XX/23 ( 16 days ) and I did not receive the letter stating that this debt is resolved in full and would be deleted from my credit report. Under an investigation to XXXX and XXXX and XXXX. All companies are refusing to remove the existing amount in full from my credit report even after showing them the noted ( Conversation ) I have with midland credit funding.
Company Response:
State: AZ
Zip: 85021
Submitted Via: Web
Date Sent: 2023-04-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-04-02
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: Midland credit management It's stating that I have a debt with XXXX XXXX XXXX for the amount of {$610.00} Open up XX/XX/2021 and I've never had this account don't know what it is and I've been disputing this with them for a couple years now and I keep your sayinformation is correct And won't take it off And I don't know what else to do
Company Response:
State: IN
Zip: 47906
Submitted Via: Web
Date Sent: 2023-05-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I XXXX XXXX do not owe any company any money. I do not have a signed contract with any collection company. I request you delete this collection off my credit report. Delete delete
Company Response:
State: CA
Zip: 93637
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: On XXXX a collection account by the name of MIDLAND CREDIT MANAGEMENT was placed on my credit report in the amount of {$990.00}. The original creditor is XXXX XXXX XXXX XXXX XXXX. By law, once an account has been sold to a third party, I am not responsible for the debt. Please have them send me the original contract with my wet signature agreeing to pay and validates the debt. Please remove and delete this account from my Credit Report IMMEDIATELY.
Company Response:
State: SC
Zip: 29403
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I XXXX XXXX do not owe any company any money. I do not have a signed contract with any collection company. I request you delete this collection off my credit report. Delete delete
Company Response:
State: CA
Zip: 93637
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I originally filed with CFPB last year to request a cease and desist and to address fraudulent claims from this shady debt collector. Since, however, they have attempted to unlawfully sue me in a jurisdiction that I DO NOT reside in. Pursuant An order that exceeds the jurisdiction of the court is void, and can be attacked in any proceeding in any court where the validity of the judgment comes into issue. ( See Rose v. Himely ( 1808 ) 4 Cranch 241, 2 L ed 608 ; Pennoyer v. Neff ( 1877 ) 95 US 714, 24 L ed 565 ; Thompson v. Whitman ( 1873 ) 18 Wall 457, 21 l ED 897 ; Windsor v. McVeigh ( 1876 ) 93 US 274, 23 L ed 914 ; McDonald v. Mabee ( 1917 ) 243 US 90, 37 Sct 343, 61 L ed 608. Furthermore it is stated that " A judgment of a court without hearing the party or giving him an opportunity to be heard is not a judicial determination of his rights. Sabariego v Maverick, 124 US 261, 31 L Ed 430, 8 S Ct 461, and is not entitled to respect in any other tribunal. '' MCM refused to send ANY court documents to me after their initial lawsuit filing so I was not aware of any judgement granted nor court hearing in XXXX of XXXX until today 's date, XX/XX/XXXX. It is a fundamental doctrine of law that a party to be affected by a personal judgment must have his day in court, and an opportunity to be heard. Renaud v. Abbott, 116 US 277, 29 L Ed 629, 6 S Ct 1194. Every person is entitled to an opportunity to be heard in a court of law upon every question involving his rights or interests, before he is affected by any judicial decision on the question. Earle v McVeigh, 91 US 503, 23 L Ed 398. I filed a motion to dismiss within 30 days of receipt of the fraudulent lawsuit only for MCM to ignore it, and wait 2+ months to proceed with the case and file a judgement against me WITHOUT NOTICE OR MAILING. Despite providing heavily documented proof that the alleged debt is not mine, has never been validated, and the concerns about their illegal debt collection practices the judgement was granted and MCM has AGAIN begun contacting random people to tell them about this alleged debt which is also a violation of FDCPA. They first pretended to be lawyers when I submitted the initial CFPB complaint, lied in their response and still refused to provide PROOF and a WET SIGNATURE and have still yet to validate this alleged debt despite numerous requests. All they did was ramble in their response and neglect to address any of my valid concerns. As provided by federal law, I demand the following in addition to this judgement being immediately vacated : The name and address of the creditor to whom the alleged debt is currently owed, the account number used by that creditor, and the amount owed. If this alleged debt started with a different creditor, provide the name and address of the original creditor, the account number used by that creditor, and the amount owed to that creditor at the time it was transferred. When you identify the original creditor, please provide any other name by which I might know them, if that is different from the official name. In addition, tell me when the current creditor obtained the alleged debt and who the current creditor obtained it from. Provide verification and documentation that there is a valid basis for claiming that I am required to pay the alleged debt to the current creditor. For example, can you provide a copy of the written agreement that created my original requirement to pay? This MUST include a wet signature. If you are asking that I pay a debt that somebody else is or was required to pay, identify that person. Provide verification and documentation about why this is a debt that I am required to pay. A copy of police reports filed against the original creditor addressing unlawful criminal credit/debt practices. I formally request that you immediately cease and desist continued harassment and collection activity. Proof that your agency is the sole owner of this alleged debt. Proof that your agency is lawfully able to collect on this alleged debt. Provide proof of this alleged debt such as a bill of sale, an " assignment '', or a receipt between the last creditor holding the alleged debt. The amount and age of the alleged debt, including : A copy of the last billing statement allegedly sent to me by the original creditor. State the amount of the alleged debt, when you obtained it, and from whom you purchased it from, and when that was. If there have been any additional interest, fees or charges added since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each added amount. In addition, explain how the added interest, fees or other charges are expressly authorized by the agreement creating the alleged debt or are permitted by law. If there have been any payments or other reductions since the last billing statement from the original creditor, provide an itemization showing the dates and amount of each of them. If there have been any other changes or adjustments since the last billing statement from the original creditor, please provide full verification and documentation of the amount you are trying to collect. Explain how that amount was calculated. In addition, explain how the other changes or adjustments are expressly authorized by the agreement creating the alleged debt or permitted by law. Tell me when the creditor claims this debt became due and when it became delinquent. Identify the date ( s ) of the last payment made on this account. Have you made a determination that this debt is within the statute of limitations applicable to it? Tell me when you think the statute of limitations expires for this debt, and how you determined that.
Company Response:
State: GA
Zip: 30809
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: SEE ATTACHMENT NOTICE TO to XXXX XXXX XXXX & XXXX XXXX This is a WARNING to STOP engaging in Unlawful, FRAUDULENT ACTIVITIES, IDENTITY THEFT, EXTORTING, RACKETEERING, ABUSIVE ACTS, DECEPTIVE AND MISLEADING REPRESENTATION or ILLEGAL ACTIVITIES. If you continue willingly and knowingly you are in violation of 18 U.S. Code 1028- Fraud and related activity in connection with identification documents, authentication features, and information and shall be punished as provided in subsection ( b ) of this section. The punishment for an offense under subsection ( a ) of this section is ( 1 ) except as provided in paragraphs ( 3 ) and ( 4 ), a fine under this title or imprisonment for not more than 15 years, or both. Please Note this is a serious crime and i will exercise my right in Federal court for violating my consumer rights. NOTICE : Request for Validity of Alleged Debt and FULL Disclosure of Purchase Agreement NOTICE to XXXX XXXX XXXX & XXXX XXXX, YOU BROKE THE LAW After checking my consumer report i notice " Midland Credit Management '' on my consumer report which appears deceptive and suspicious to me. I am writing this letter to dispute the validity of an alleged debt that you are attempting to collect from me. I have received multiple notices from " Midland Credit Management '' regarding a debt that you claim I owe. However, I have not received any information regarding the origin or validity of this alleged debt to lawfully verify the validity of your claim. As per the Fair Debt Collection Practices Act ( FDCPA ), I am requesting that you provide me with full disclosure of the alleged debt, including the following : Full disclosure of the purchase agreement or forward flow agreement related to the alleged debt. Tracking of where you obtained the alleged debt from. The original contract, including wet signatures. The name and address of the original creditor to verify the accuracy and completeness of the alleged debt. I demand that all future communication on this matter be done in writing and that all collection activities cease including any phone calls stop immediately. Please be advised that any person who willingly and knowingly engages in unlawful activities, fraud, identity theft, extortion, abusive acts, any deceptive means in collection of alleged debt, racketeering or coercion and any illegal activities shall incur a penalty and/or criminal liability under the FDCPA. I look forward to hearing from you within 30 days of the receipt of this letter. Failure to provide the requested information will result in the assumption that the alleged debt is invalid and that you are no longer authorized to collect or report on it. NOTICE if you fail to comply and provide what is required under law I will charge you XXXX XXXX dollars ( {$1000.00} ) each day for damages and injuries to my character, reputation, mode of living under the FDCPA and any other applicable law. This is my offer to you. Please note notification shall be complete upon receipt. Thank you for your attention to this serious matter. Sincerely, XXXX XXXX Copy sent to : Federal Trade Commission ( FTC ) Attorney General ( AG )
Company Response:
State: FL
Zip: 33068
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-03-28
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: I have 2 accounts on my credit file from this company. 1 for {$1100.00} and one for {$860.00}. I have never been in a contract with this company. I have never applied for credit with this company. It is reporting this account as opened and derogatory. This is not accurate.
Company Response:
State: WI
Zip: 534XX
Submitted Via: Web
Date Sent: 2023-03-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A