Date Received: 2022-08-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: MIDLAND CREDIT MANAGEMENT , INC., are indeed third-party debt collectors under the very definition of a third-party debt collector in accordance with 15 U.S. code 1692 ( A ) ( 6 ) and are subject to the civil liability within The Fair Debt Collection Practices Act. Lets be honest, if this debt was valid, you would not be sending me a collection letter assuming the debt was valid now, would you? Pursuant to 15 USC 1692c ( C ), MIDLAND CREDIT MANAGEMENT , INC., is hereby on notice to cease & desist communication and collection activity immediately or I will take legal action under the FDCPA 15 USC 1692k ( a ) ( 1 ) ( A ) {$1000.00} XXXX and I only need to show one violation to establish a FDCPA claim. See XXXX XXXX XXXX XXXX XXXX XXXX XXXX, Civil No. XXXX ( XXXX ) ( XXXX. XXXX XXXX, XXXX ) ; XXXX v. XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX ( XXXX MIDLAND CREDIT MANAGEMENT , INC. , gave no value to any security and have no attachment and enforceability of a secured interest in accordance with UCC 9 203 ( b ) ; MIDLAND CREDIT MANAGEMENT , INC. , have no original contract or promissory note ; you are no contract assignee holders in due course in accordance with UCC 3 302 . See Gearing v. Check Brokerage ; XXXX XXXX XXXX XXXX, XXXX XXXX XXXX. XXXX, XXXX ( XXXX XXXX XXXX ). FOR THE RECORD, Summary of accounts are not a valid claim to defame my character, if I am denied credit or employment based on third parties misleading representation and defaming negligence will be a cause of action. See United States Court of Appeals, Fifth Circuit, Case No. XXXX, XXXX XXXX XXXX XXXX, XX/XX/XXXX. MIDLAND CREDIT MANAGEMENT , INC., have committed several federal violations against me, a private law abiding Federally Protected Consumer. Each violation is a statutory cost of {$1000.00} each, which does not include mv personal cost and fees which I determined for taking time to address these issues. Violations committed against me include but not limited to : Violated 15 USC 1692c ( a ) : Communication Without prior consent, expressed permission Violated 15 USC 1692c ( b ) ; Communication without prior consent, expressed permission Violated 15 USC 1692d ; Harass and oppressive use of intercourse about an alleged debt. Violated 15 USC 1692d ( 1 ) ; Attacking my reputation, accusing me of owing an alleged debt to you. Violated 15 USC 1692d ( 2 ) ; Use of obscene or profane language on my report ( saying I owe you a debt ) Violated 15 USC 1692e ; Using false, deceptive or misleading representations Violated 15 USC 1692e ( 2 ) ( A ) ; False representation of the character and amount of the alleged debt Violated 15 USC 1692e ( 2 ) ( B ) ; False representation of any service rendered or compensation Violated 15 USC 1692e ( 8 ) ; Communicating false information Violated 15 USC 1692e ( 9 ) ; Use/distribution of communication with authorization or approval Violated 15 USC 1692e ( 10 ) ; False Representation ( not a party to alleged debt by my consent ) Violated 15 USC 1692e ( 12 ) ; False representation/implication ( innocent purchasers for value ) Violated 15 USC 1692f ; Unfair Practices attempting to collect alleged debt. Violated 15 USC 1692f ( 1 ) ; Attempting to collect a debt unauthorized by an agreement between parties. Violated 15 USC 1692g ( a ) ( 4 ) Certifiable Validation and Verification of alleged debt ( s ) Violated 15 USC 1692j ( a, b ) ; Furnishing certain deceptive forms. ( You are not a party in the alleged debt ) IDENTITY THEFT ; obtaining personal identification information without prior consent and creating an account in my name without my knowledge. Invasion of Individual and Family Privacy. SOCIAL SECURITY FRAUD A Social Security Number ( SSN ) is used by employers and employees for the purpose of reporting individual employee earnings for tax purposes only. MIDLAND CREDIT MANAGEMENT , INC., DO NOT have my CONSENT to use my social security number for commercial gain acting as usufructuary of my services, you are committing fraud and Identity theft and I will contact the office of Inspector General SSA and file a report with the federal authorities. I demand they provide the following documents immediately if they continue to use the fiction name for their entitys personal commercial gain then ; Send a copy of their Commercial Bond and Oaths to do business in the State of CALIFORNIA ; provide name and address and phone number of the Underwriter of their bond ; provide name, address, and phone numbers of the owner ( s ) of MIDLAND CREDIT MANAGEMENT , INC. ; Provide name, address and phone number of their insurance company. Furthermore, reporting false and misleading report to the three major credit bureaus and will constitute a violation of the FCRA Responsibilities of furnishers of information to consumer reporting agencies under 15 U.S. Code 1681s2 ( B ) ( i ) ( ii ) Reporting information after notice and confirmation of errors. Any more harassment from this company will be considered criminal extortion in accordance with 18 U.S. Code 875 ( d ) Extortion. Conduct yourselves accordingly
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/2022 at approximately XXXX, I received a phone call from who later discovered was Midland Credit Management XXXX They asked if I was XXXX XXXX, and I asked who they were, and they said they were with Midland Credit Management, and asked again if I was XXXX and if I was XXXX XXXX 's husband. I asked again, why they were asking and what it was about, they said it was regarding a financial business matter with XXXX and asked again if I was her husband. I finally said that I was XXXX 's husband, and then they said they were with Midland Credit Management calling about a debt with XXXX XXXX Credit Card with a balance of {$840.00}. They then asked what the situation was to make us fall behind and how we were going to resolve this. I told them they were violating federal and state laws by talking to me about her debt and not to call me again. The representative kept on and told me that if I live in Arkansas they can talk to me about it. I told them that they were violating federal law by talk to me and they didn't need to contact me again. They continued to try and talk to me about her debt, and finally I told them that I would filling a complaint with the Arkansas Attorney General, US Attorney General, FTC, and filling a lawsuit for violation right under the FCRA and FDCPA, and hung up. This is in clear violation of Title 15 USC, Chapter 41, Subchapter V, Section 1692b ( 2 ) and Section 1692c ( b ), which states that they may only ask location and contact information from a 3rd party, but may not disclose any information relating to the debt, like creditor name or amount of debt. Arkansas has a similar law, ACA 17-24-504 ( b ) and 17-24-503 ( 2 ), which says pretty much the exact same thing.
Company Response:
State: AR
Zip: 729XX
Submitted Via: Web
Date Sent: 2022-08-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-04
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Im on hold as we speak, after speaking to XXXX several times regarding my disputes Due to Covid, I could not pay original credit company and I ask XXXX to make a not of My concerns and let companies know my status I ask that the old account be removed Instead my account was sold to a different credit And my past is affecting my future Please help thanks
Company Response:
State: CA
Zip: 958XX
Submitted Via: Web
Date Sent: 2022-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-03
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: On XX/XX/2022 I requested that XXXX remove three items on my credit report. XXXX XXXX XXXX Midland Funding XXXX I stated to XXXX that these items are beyond the Statute of Limitations for the State of California. They in turn stated that all three items are accurate which they are not.
Company Response:
State: CA
Zip: 95076
Submitted Via: Web
Date Sent: 2022-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-03
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I was put under duress during our conversation. On multiple occasions during the 1 hour and 44 minute conversation I was crying. I was told that my credit would suffer, my credit worthiness wasn't worth this, that my wages would be garnished, I had had multiple letters sent to me ( not true ) I had money from other accounts I can pay the debit with, I need to spend my money wisely and pay the debt I owed, they believe I have money to pay the debit .... etc. They were looking at my credit report, my past jobs, any information they could use to psychologically make me feel like a piece of XXXX for not paying the debit card. I offered them what I had because I was in fear of wage garnishment and lawyer fees. They wanted more and made me decide right then if I was accepting the offer. I asked repeatedly for time to think and the transcripts of the conversation and was ignored. I called the company today to request transcripts of the conversation and was told I would have to sue them to get transcripts and when complaints are filed they use the notes to respond. The notes are skewed in favor of the company and I want the transcripts so that it can be understood what happened and why I believe I was bullied, XXXX XXXX, harassed and tricked or scammed into accepting " a deal '' while under duress. Any company who makes someone make a decision under duress, in fear, and without being able to think about it first is using psychological warfare and it is criminal to use these tactics.
Company Response:
State: AR
Zip: 71901
Submitted Via: Web
Date Sent: 2022-08-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-04
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: these accounts are reporting incorrectly, they need to be remove immediately, the debt has been forgiven
Company Response:
State: TX
Zip: 76006
Submitted Via: Web
Date Sent: 2022-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-03
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I have spoken with Midland Credit about the debt they purchased and have asked them to stop calling me multiple times as I am not interested in working with them. They have called me on two different phone numbers and also continue to send me mail. They are very aggressive on the phone when I explain that I am not working with them, I have worked with the creditor directly for resolution and have asked multiple times for them to stop contacting me. I receive multiple calls per week from restricted and unrestricted numbers, as well as mail disguised as other types of mail.
Company Response:
State: ME
Zip: 039XX
Submitted Via: Web
Date Sent: 2022-08-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-04
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: all negative account are not mines and need to be removed immediately
Company Response:
State: TX
Zip: 76006
Submitted Via: Web
Date Sent: 2022-08-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-03
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: My name is XXXX XXXX, a federally protected consumer, and I am making this complaint against MIDLAND FUNDING, for committing identity theft. I have never given MIDLAND FUNDING, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that in accordance with Article XXXX, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). I have not validated any alleged debt with MIDLAND FUNDING and my failure to dispute the validity of these alleged debts shall not be construed as an admission of liability. As of XX/XX/2022, I have not received any documentary evidence, such as a trilateral contract, giving MIDLAND FUNDING any right to collect on this alleged debt. I have never received any documentation requesting validation from MIDLAND FUNDING, before they committed multiple violations under the FCRA and the FDCPA by furnishing this alleged debt to my consumer report, including but not limited to 15 U.S. Code 1692d ( 4 ) which the FTC defines as debt parking. If MIDLAND FUNDING, can not provide me with proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. I am legally refusing to pay this debt pursuant to 15 U.S. Code 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until MIDLAND FUNDING, can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and MIDLAND FUNDING, continues its collection efforts, I will file for litigation for actual damages caused and MIDLAND FUNDING, will be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant UCC 1-202f. Your prompt attention and response are both requested and required.
Company Response:
State: GA
Zip: 30344
Submitted Via: Web
Date Sent: 2022-08-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-08-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I sent midland credit management this document certified mail and midland credit management did not send the requested documents asked for in the validation request I mailed. Midland credit management sent me a document that was typed out on a plain piece of paper with Midland credit management logo on the top. I'm 200 % positive there is no agreement with my signature stating that I owe Midland credit management. Anyone create anything from a plain piece of paper. The response Midland credit management sent to CFPB is bogus! I know my rights as a consumer! XXXX XXXX is a third party company who is to abide by the FDCPA laws. The validation request I sent goes as follows : I hereby dispute your claim and request validation of the alleged debt pursuant to the Fair Credit Debt Collection Practices Act. Please provide competent documentation as follows : Provide a copy of my signature on a contract or document that holds me responsible for this alleged debt. Document evidencing your company has the right to collect the alleged debt. The total debt balance with an explanation of all interest and fees. Date the debt became delinquent and/or the date of the last payment. The name and address of the creditor and the creditors account number associated with the debt. The name and last known address of the debtor as it appeared in the creditors records before the assignment of the debt to your company. The names and addresses of all persons or entities other than your company to which the debt was assigned. Send me proof that you are licensed to collect debt in my state. Cease any credit bureau reporting until the debt has been validated by me as required under the FCRA. Lastly, I hereby request no telephone contact be made by your offices to my home, cellular phone, workplace phone, telephone numbers of my family and friends. All future communications MUST BE DONE IN WRITING as telephone calls are inconvenient. FURTHERMORE, THIS IS NOT A REQUEST FOR " VERIFICATION '' OR PROOF OF MY MAILING ADDRESS! Remove this immediately from all three credit reporting agencies for Midland credit management has violated FDCPA laws!
Company Response:
State: OH
Zip: 44128
Submitted Via: Web
Date Sent: 2022-08-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A