Date Received: 2022-05-17
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: XXXX XXXX XXXX has been contacting myself and my employer attempting to collect a debt for Midland Credit. When the HR department reached out to me to tell me these people were calling and trying to get information about me, I told them I do not know who it is. I dont have any judgments against me and I havent been served, so I looked them up online and called back in XXXX I believe and I asked who they were and why they were calling my job, the lady started yelling at me when I refused to give her my personal information until I knew who they were. She screamed at me saying you dont have to give me anything, your job already did!. This was a lie and my job confirmed. I have been working with a credit repair company trying to get my original debt with XXXX XXXXXXXX settled, as it was created due to me being stuck in XXXX almost the entire XXXX because of covid related border closures/no fly restrictions ( I left the US XX/XX/XXXX and returned XX/XX/XXXX ). I have been attempting to settle this debt. I literally have only been working 1year and trying to get back on track, which includes trying to take care of XXXX XXXX. I called XXXX again trying to settle and the representative I spoke with said they would need me to complete a financial statement, which I said I am not comfortable with because I dont know who they are even truly representing. He claimed they served me and gave me some weird name of the person they gave the summons to. I have NEVER been served by XXXX XXXX XXXX The guy began talking over me and would not work with me on a settlement until I gave them my financial statement. I disconnected the call. I received a Wage Deduction notice this past week from XXXX XXXX, so I called them today to see if once again we can settle and I can get answers. A lady named XXXX told me because I didnt give them my financial statement the last time, its not in the best interest of their client to settle with me. I find their SCARE TACTICS to be extreme and they are extremely rude. Ive been yelled at and talked to like Im not trying to settle this matter by a law firm thats not even representing the company that I owe the original debt to {$3000.00}. I feel like this behavior is HARASSMENT and UNETHICAL. There is a better way to handle this and the yelling and rude behavior, all whilst requesting personal information, seems sketchy to me and I literally just want to settle with the company. I dont know what game this firm is playing, but I dont want them harassing me or my employer seeing as how they cant hold a civilized conversation with someone that is actually trying to resolve the debt. Unfortunately when calling XXXX XXXX, you get rerouted.
Company Response:
State: IL
Zip: 604XX
Submitted Via: Web
Date Sent: 2022-06-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-17
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I received a garnishment summons for a credit card debt to the tune of $ XXXX. I had no knowledge of this card issued by XXXX XXXX and being collected by Midland Funding. I never applied for this card. The card was issued in my name to an old address. I was given the information by the collector to to sign into the website to view the statements. There were 2 charges made on the card. One was about {$24.00} in fuel, and the other was about {$4.00} at a XXXX XXXX grocery store. I looked up this XXXX XXXX, and I have never been to that store. In fact, I have never been to ANY XXXX XXXX store. The fuel was purchased at a gas station that I do not frequent. The total amount charged to this card was less than {$35.00}. There were never any payments made, and the account was closed after 6 months, according to the statement documents I saw online. Now, they are attempting to collect more than {$900.00} from me for something I did not do. I NEVER OPENED THIS ACCOUNT. SOMEONE did, but it was NOT me. The collector would not listen to me. He just kept attempting to get me to pay the amount. THIS IS NOT MY DEBT. I will go to court in XXXX to speak with the judge on this garnishment case because I had no knowledge of this account being opened. I want this off of my credit report. I want this to stop. Just because it was issued in my name, doesn't mean I applied for the card. They refuse to acknowledge the truth that someone OTHER THAN ME opened this account. I currently have a card with XXXX XXXX, which is in good standing.
Company Response:
State: VA
Zip: 23235
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: Midland Funding LLC, violated my rights as a consumer according to the FDCPA. They violated my rights due to the laws listed below : 15 U.S.C 1681 section 602 A states i have the right to privacy. 15 U.S.C 1681 Section 6042 : It also states a consumer reporting agency can not furnish an account without my written instructions. I disputed this account with the credit bureaus and they stated that they verified that my information is correct. After doing further research on my credit report I see an inaccuracy that should have been correct if the account was verified correctly. Midland Funding LLC, reported to XXXX that the date opened was XX/XX/XXXX. XXXX and XXXX date opened was reported on XX/XX/XXXX. Midland Funding LLC, reported to XXXX that this account is 120 days late and last active on XX/XX/XXXX. It was also reported to XXXX the last active date was XX/XX/XXXX. It was reported to XXXX the date last active was XX/XX/XXXX. From my understanding of the law EVERYTHING has to be correct and the same across the board ALL credit bureaus and if my account was verified correctly as they stated then this information should be accurate. So i request that my account be deleted from XXXX, XXXX, and XXXX.
Company Response:
State: TX
Zip: 77346
Submitted Via: Web
Date Sent: 2022-05-17
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: request for validation of debt. don't have a debt or owe this collection agency. requested documents-no response request to delete from m credit due to inaccurate information
Company Response:
State: IL
Zip: 60616
Submitted Via: Web
Date Sent: 2022-05-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Midland credit management ( XXXX XXXX XXXX la XXXX XXXX XXXX XXXX XXXX California XXXX ) will not send me the information that I am asking for to validate this debt. Nothing that bares my signature, nothing showing I entered into a contract with this company, proof they are allowed to collect in my state etc. All they keep sending me are computer generated invoices with another companies name on it. I do not know Midland credit management, nor have I ever done any business with this company But yet they continue to report this negative information on my credit and say that I owe them XXXX and XXXX dollars. They just cant put things on peoples credit without proving that it is indeed their debt. Thats not right nor lawful
Company Response:
State: FL
Zip: 32244
Submitted Via: Web
Date Sent: 2022-05-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Complaint to Midland Funding, LLC and subsidiaries Complaint to Midland Funding, LLC XXXX XXXX XXXX XXXX XXXX. XXXX XXXX XXXX, MI XXXX Midland Funding, LLC XXXX XXXX XXXX XXXX XXXX. XXXX XXXX I have explain several times to company, about account ID Theft, I denied account not mines company continues molesting me and forcing me to account that Is not mines Company list account transaction, thats no proof, they are using my social security number in letters company sends to me, in the event letter ends in other hands due to Midland Funding LLC and subsidiaries I will have another ID Theft issue due to them someone got my private information that is what happen, company is cooperating that my private information leaks and they will be responsible, they are informed. I denied account, MCM Account number XXXX ( XXXXXXXX XXXX account number ending in XXXX ) Find enclose XXXX XXXX XXXX XXXX Account number XXXX Original account number XXXX ID Theft report was filed an sent to your company, your company continues harassing and causing me damages in addition to court matter. On letter dated XXXX XXXX Florida XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX Fl XXXX, Refering to MCM no. XXXX which belongs to account ending in XXXX ) and other account XXXX. .find attached letter Additionally, we have made the business decision to close the account, There will be no further collection activity or sale of this account Both accounts mentioned on your letter MCM Account number XXXX original account number XXXX And account XXXX. Send me a confirmation letter as for each of the accounts 1- MCM Account number XXXX ( XXXXXXXX XXXX account number ending in XXXX ) and for account XXXX. There will be no further collection activity or sale of this account, Please dont XXXX me anymore in Court or any other means, I DENIED ACCOUNT XXXX, Account not mines and account XXXX. I sent letter on XX/XX/2022 XXXXTo Midland Funding XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX MI XXXX AS of todays date XX/XX/2022 you have ignore my correspondence to delay matter purposely and cause me more problems .find attached letter Im requesting your company to withdraw case from XXXX XXXX XXXX XXXX court case number XXXX, Within XXXX business days from this complaint You have been also sued by Consumer Financial Protection Bureau on XXXX for violations an ill-gotten gains. find enclose page Your corporation has continue molesting me and picking on me I denied accounts, ID Theft report Issue, stop the collection of both accounts, Midland Credit Management MCM Account number XXXX Original account number XXXX and account XXXX. Please I request to have this case completely withdrawn as ASPA I want this complaint to be publish for consumer safety Thank you XXXX XXXX
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2022-05-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: 2 years ago I have advised this company XXXX XXXX I did not take out a credit card with them. since they they have attempt to call/ sends letters, as of today XX/XX/22 I got a letter in mail for civil judgement to appear in court. They also sent someone to my home to serve me a warrant. They have Midland credit management sending threating attempt to collect letter
Company Response:
State: TN
Zip: 381XX
Submitted Via: Web
Date Sent: 2022-05-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Hello Have been trying to get a signed copy of the Debt that is owed to Midland Funding, As they are the Collection agency listed on my Credit reports, to Date, i have received no Validation of the Debt owed, I've asked for Validation of this debt within 30 days or this matter will be elevated to the appropriate Agency.
Company Response:
State: CA
Zip: 95758
Submitted Via: Web
Date Sent: 2022-05-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Midland Credit Management / Midland Funding has violated my right and the Fair Credit Reporting Act, and also violated the Fair Debt Collection Practices Act, and Defamation of my Character by breaking these laws. Attached is a copy of an AFFIDAVIT OF TRUTH, a copy of Exhibit A, and an INVOICE for the violation they broke.
Company Response:
State: CA
Zip: 92336
Submitted Via: Web
Date Sent: 2022-05-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-05-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Billing Error Dispute Pursuant To12 CFR 1026.13 ( b ) 15 U.S. Code 1666 - Correction of billing errors Claim for Credit Balance Pursuant to 12 CFR 1026.21 I also revoke, cancel, and make void ab initio all powers of attorney, in fact, in presumption, or otherwise, signed either by me or anyone else, claiming to act on my behalf, with or without my consent, as such power of attorney pertains to me or any property owned by me. This is a request fordocumentary evidence of the original instrument of indebtedness, evidence that you own the debt, including the chain of title of ownership to the property or mineral rights of the alleged goods or service you are debiting this account for and where applicable that you are licensed to collect a debt in the State of California.The statement of account reflects a positive balance and is on the right side of the ledger which indicates a credit balance ( See 12 CFR 1026.21 ) The left side of the statement should contain any debit balance the right side of the ledger should contain the credit balance. Please provide evidence that this balance is a credit balance or a debit balance and adjust the account and billing statement in accordance with General Accepted Accounting Principles ( GAAP ) and or the International Financial Reporting Standards ( IFRS ) were applicable. This is a billing error dispute and acknowledgement and an indemnity claim for the credit balance pursuant to Code of Federal Regulations 1026.11 and 1026.21. Please provide evidence that you are not a creditor who has extended me my consumer credit via the credit balance you have extended and that you are indeed a debt collector who is collecting a balance due to you in United States Dollars. Also take further notice that if you are a debt collector please provide evidence that the amount which you state is owed is not an obligation of the United States pursuant to 18 U.S.C Section 8 which states the following : The term obligation or other security of the United States includes all bonds, certificates of indebtedness, national bank currency , Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps. 15 U.S Code 1602 ( g ) The term creditor refers only to a person who both ( 1 ) regularly extends, whether in connection with loans, sales of property or services, or otherwise, consumer credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required, and ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Please also provide evidence that pursuant to 15 U.S. Code 1602 ( g ) ( 2 ) which states the following : ( 2 ) is the person to whom the debt arising from the consumer credit transaction is initially payable on the face of the evidence of indebtedness or, if there is no such evidence of indebtedness, by agreement. Provide evidence a consumer transaction and not a commercial transaction occurred through your company and a third party by or on my behalf as a consumer and that as a result of that transaction your company suffered a loss which is payable on the face of the evidence of indebtedness. Or provide the agreement that my consumer credit which you extended or are required to extend which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required did not satisfy the cash price for the amount due? See 15 U.S.C 1602 ( g ) ( 1 ). Provide evidence where you extended me your companies own credit and not consumer credit of which I am identified as under 15 U.S.C 1692 ( a ) 3. Please take further notice that only debt collectors collect amounts due or on a balance due ( See 15 U.S.C. 1692 ( a ) ( 6 ) ) and creditors extend consumers their credit ( see 15 U.S.C 1602 ( g ) ( 1 ) ). Therefore, any statement that you send with an amount due on it is a billing error unless that amount is a credit balance which is due the consumer pursuant to 12 CFR 1026.21 ( a ) ( b ) ( c ) and me as a consumer claim that debit balance in full and any credit balances past, present or future. 12 CFR 1026.13 Billing error resolution. ( a ) Definition of billing error.For purposes of this section, the term billing error means : ( 1 ) A reflection on or with a periodic statement of an extension of credit that is not made to theconsumeror to apersonwho has actual, implied, or apparent authority to use theconsumer'scredit cardoropen-end creditplan. ( 2 ) A reflection on or with a periodic statement of an extension of credit that is not identified in accordance with therequirements of 1026.7 ( a ) ( 2 ) or ( b ) ( 2 ), as applicable, and 1026.8. ( 3 ) A reflection on or with a periodic statement of an extension of credit for property or services not accepted by theconsumeror theconsumer 's designee, or not delivered to theconsumeror theconsumer 's designee as agreed. ( 4 ) A reflection on a periodic statement of thecreditor 's failure to credit properly a payment or other credit issued to theconsumer 's account. ( 5 ) A reflection on a periodic statement of a computational or similar error of an accounting nature that is made by thecreditor. Please take further notice that pursuant to the Fair Debt Collections Practices Act, 15 U.S.C. 1692 ( a ) ( 6 ) The term " debt collector '' means any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which isthe collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another. 15 U.S.C 1692j states : ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in aconsumerthat a person other than thecreditorof suchconsumeris participating in the collection of or in an attempt to collect adebtsuchconsumerallegedly owes suchcreditor, when in fact such person is not so participating. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as adebtcollector is liable undersection 1692k of this titlefor failure to comply with a provision of this subchapter. 15 USC 1666d ( 1 ) .. anything over {$1.00} that you pay into a POSITIVE BALANCE IS TO BE CREDITED BACK TO YOUR ACCOUNT! ( TREATMENT OF CREDIT BALANCES=RESOLUTION ) Please credit the account and offer payment for any overpayments into the account from the credit balance or send the requested evidentiary documentation supporting proof of claim. Please take further notice that pursuant to18 U.S. Code 1341 Whoever, having devised or intending to devise anyscheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency ( as those terms are defined in section 102 of theRobert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ) ), or affects a financial institution, such person shall be fined not more than {>= $1,000,000} or imprisoned not more than 30 years, or both. 12 CFR 1026.13 ( e ) Procedures if billing error occurred as asserted.If acreditor determines that a billing error occurred as asserted, it shall within the time limits inparagraph ( c ) ( 2 ) of this section : ( 1 ) Correct the billing error and credit theconsumer 's account with any disputedamountand related finance or other charges, as applicable; and ( 2 ) Mail or deliver a correction notice to theconsumer. Please be advised that failure to comply with Federal Law will result in complaints being filed with the Federal Trade Commission, IRS Criminal Investigations Division, Department of Justice and the FBI for wire fraud, fraud in the inducement and fraud in the factum. Please provide payment and credit the account in the 3-5 business days from the receipt of this notice. Your time, attention and actions to correct this billing error is greatly appreciated.
Company Response:
State: VA
Zip: 23669
Submitted Via: Web
Date Sent: 2022-05-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A