Date Received: 2022-01-06
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: 15 USC 1692 ( a ) states There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy. XXXX XXXX XXXX has performed an adverse action to me the federally protected consumer by closing my open-ended credit account which was allegedly opened on XX/XX/2014, for an alleged debt in the amount of {$1700.00}. XXXX XXXX XXXX a.k.a XXXX XXXX XXXX, XXXX charged off the account and then sold it to Midland Credit Management. I was never given the right to arbitrate with XXXX XXXX XXXX and dispute the validity of this debt. I have reason to believe that XXXX XXXX XXXX is in breach of its own contract by not following through with the BINDING Arbitration Clause that was in place prior to Midland Credit Management acquisition of the alleged debt, which such company is attempting to sue me for the alleged debt in the amount of {$1700.00}. I have reason to believe there is a billing error, which I require documentary evidence that I owe such debt to the creditor XXXX XXXX XXXX pursuant to 12 CFR Part 1026.13 ( Regulation Z ), I gave XXXX XXXX XXXX a negotiable instrument to originate this account. XXXX XXXX XXXX Arbitration Clause states : This agreement to arbitrate provides that you or we can require controversies or disputes between us to be resolved by BINDING ARBITRATION. You have the right to REJECT this agreement to arbitrate by using the procedure explained below. If you do not reject this agreement to arbitrate, you GIVE UP YOUR RIGHT TO GO TO COURT and controversies or disputes between us will be resolved by a NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, using rules that are simpler and more limited than in a court. Arbitrator decisions are subject to VERY LIMITED REVIEW BY A COURT. Arbitration will proceed INDIVIDUALLY CLASS ACTIONS AND SIMILAR PROCEDURES WILL NOT BE AVAILABLE TO YOU. Agreement to Arbitrate : You and we agree that either you or we may, without the others consent, require that controversies or disputes between you and us ( all of which are called Claims ), be submitted to mandatory, binding arbitration. This agreement to arbitrate is made pursuant to a transaction involving interstate commerce, and shall be governed by, and enforceable under, the Federal Arbitration Act ( the FAA ), 9 U.S.C. 1 et seq., and ( to the extent State law is applicable ), the laws of the State of Nevada. For purposes of this agreement to arbitrate, you includes you, any co-applicant, any Authorized User ( including Additional Cardholders ), or anyone else connected with you or claiming through you ; and we or us includes XXXX XXXX XXXX, XXXX, all of its parents, subsidiaries, affiliates, successors, predecessors, employees, and related persons or entities, and all third parties who are regarded as agents or representatives of us in connection with the subject matter of the claim or dispute at issue. In the attachment, you will see that Midland Credit Management has created a deceptive form to create a false belief that I owe such debt. Pursuant to 15 USC 1692J ( a ) It is unlawful to design, compile, and furnish any form knowing that such form would be used to create the false belief in a consumer that a person other than the creditor of such consumer is participating in the collection of or in an attempt to collect a debt such consumer allegedly owes such creditor, when in fact such person is not so participating. Pursuant to 15 USC 1692c ( a ) Communication with the consumer generally 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 -- ( 1 ) at any unusual time or place or a time or place known or which should be known to be inconvenient to the consumer. In the absence of knowledge of circumstances to the contrary, a debt collector shall assume that the convenient time for communicating with a consumer is after XXXX XXXXk antemeridian and before XXXX XXXX postmeridian, local time at the consumer 's location ; ( 2 ) if the debt collector knows the consumer is represented by an attorney with respect to such debt and has knowledge of, or can readily ascertain, such attorney 's name and address, unless the attorney fails to respond within a reasonable period of time to a communication from the debt collector or unless the attorney consents to direct communication with the consumer; or ( 3 ) at the consumer 's place of employment if the debt collector knows or has reason to know that the consumer 's employer prohibits the consumer from receiving such communication. ( b ) Communication with third parties Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. I never gave Midland Credit Management, nor their attorneys XXXX, XXXX, XXXX XXXX XXXX, XXXX the consent to contact me about such alleged debt.
Company Response:
State: FL
Zip: 33064
Submitted Via: Web
Date Sent: 2022-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-05
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: On XX/XX/2021 I received a letter from Midland Credit Management stating that I owe {$1000.00} for a contract that I never signed with them. Under the consumer law I consider this identity theft because they purchased my information and now trying to get money from me and have been reporting to the credit bureaus which is bringing my score down. XXXX XXXX XXXX sold my information to this company which is illegal under consumer law 15 u.s. 1681 and 15 u.s. 1692a
Company Response:
State: CA
Zip: 91335
Submitted Via: Web
Date Sent: 2022-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-05
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: My loan with XXXX XXXX bank was given to the Midland Credit company for collection and I arranged a payment plan with this company and paid an adjusted amount and last last payment on this account being on XX/XX/2021. The Midland account number is as follows XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Georgia XXXX I spoke with a representative with the Midland Credit co. and he stated that their records indicate it was paid in full on the aforementioned date. I would like for this discrepancy to be rectified as I am desperately trying to improve my credit.
Company Response:
State: GA
Zip: 30088
Submitted Via: Web
Date Sent: 2022-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-05
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: First, this company did a unauthorized use of my credit card. Under 15 USC 1602p the term unauthorized use, as used in section 1643 of this title, means a use of a credit card by a person other than the cardholder who does not have actual, implied, or apparent authority for such use and from which the cardholder receives no benefit. I never give this company permission to use my personal information. This is fraudulent activity.Also not to mention identity theft.I wonder want else have they used my personal information for? I receive no benefit from this account. How did they even get my information? I guess they stole that too. Under 15 USC 1692e, this is false and misleading representation. A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The false representation or implication that the debt collector is vouched for, bonded by, or affiliated with the United States or any State, including the use of any badge, uniform, or facsimile thereof. ( 2 ) The false representation of ( A ) the character, amount, or legal status of any debt; or ( B ) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt. This is unacceptable behavior. My rights have been violated. the account need to be deleted TODAY.
Company Response:
State: AL
Zip: 35205
Submitted Via: Web
Date Sent: 2022-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-05
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have previously disputed this account with the credit bureaus and each time the investigation came back as 'verified '. I decided to go directly to MIDLAND FUNDING reporting and dispute with them. They were not able to provide any form of documentation to verify this specific account with me. If they are not able to verify this account with me- the alleged account holder - there is no way you were able to verify this!
Company Response:
State: TX
Zip: 77502
Submitted Via: Web
Date Sent: 2022-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-06
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: In XXXX, XXXX I was in the market for a new home. A credit report revealed I had a collection from midland credit. I tried to dispute the collection, because I had never heard of midland collections. Shortly after I received a court document from attorneys XXXXXXXX XXXX XXXXXXXX out of XXXX, MI. I contacted my lawyer who after speaking with XXXX XXXX XXXX reported to me that I did owe the debt, but they were collectors and he did not know where the debt originated. I asked on those grounds shouldn't the debt be dismissed. I was told no and a plan was negotiated by my lawyer and attorneys XXXX XXXX XXXXXXXX. The plan was that I would make payments of {$200.00}. over the course of 11 or 12 months. Of course I paid, I wanted my credit back in good standing. I contacted XXXX a few times about the collection, I was told they could not discuss anything with me about the collection. So in XX/XX/XXXX I filed a third dispute stating that I completed payments negotiated by the attorneys and provided documentation. The collection still shows on my XXXX report, but not the other 2 reporting agencies. I tried calling midland collections, and they too would not give me any information. I basically paid a debt that I have no knowledge of and it still as of today XX/XX/XXXX is reflecting negatively on my XXXX credit report. Why can't I get answers about my own credit report? I feel like this is an attempt to keep me in a negative standing.
Company Response:
State: OH
Zip: 44122
Submitted Via: Web
Date Sent: 2022-01-06
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-05
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: Midland Credit management sued me around XX/XX/2021 for a debt of XXXX, after I received their letter to sue me I called their lawyer XXXX XXXX XXXX to arrange payments. They then tacked on interest, fees, and legal fees to the debt which is now XXXX and are now trying to garnish my wages through filing a suit through the local sheriffs office. I don't understand why I have to pay for their motives and not settle this matter with me instead of garnishing my wages
Company Response:
State: ID
Zip: 83705
Submitted Via: Web
Date Sent: 2022-01-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-05
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have received a notification on my credit report of a collection report that negatively effected my credit. The company has never reached out in regards to the account nor did i have any knowledge of the account. I called the company ( midland credit ) and provided me minimal information regarding the account and demanded I pay first before they explain anything. I offered to pay the full amount if they removed the negative regards on my account, since I had zero knowledge of the account. I never received any letters or phone calls. They refused to show me proof of ownership of the account and what the original amount was. Got a rude response and very unprofessional.
Company Response:
State: IL
Zip: 60016
Submitted Via: Web
Date Sent: 2022-01-05
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-04
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Received collection statement from Midland Credit Management, original creditor is XXXX XXXX XXXX XXXX XXXX {$1900.00}, date opened XX/XX/XXXX. Rental of a XXXX XXXX XXXX XXXX sound system. I spoke to the company about the account, informed them it was fraudulent opened. I let them know the address and email address they have do not belong to me nor did I purchase a tv. I let them know Ive live at my current home since XX/XX/XXXX, have had the same email address for over 10 years. I have credit freezes on all credit bureaus. In addition, a fraud alert was added in XXXX of XXXX when I dealt with a similar situation. ( XXXX sent me to collections for phones purchased in XXXX of XXXX, Ive been with XXXX since XXXX ). The company recently sent me a letter stating they have concluded that their information is accurate which is completely false! The signature on the contract does not match mine! Address, email address, transaction history shows the payments they tried collecting were returned for insufficient funds. If this does not tell you this is fraud XXXX what will!
Company Response:
State: AZ
Zip: 85041
Submitted Via: Web
Date Sent: 2022-01-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2022-01-05
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Problem with personal statement of dispute
Consumer Complaint: XXXX XXXX has been inaccurately reporting information on my credit report. They listed several accounts twice on my report and placed them as charge off even though I stated they were not m accounts. I constantly ask them for proof and they can not submit accurate proof these are my accounts. I have disputed them numerous times with no response. Only two accounts were actually my accounts. One account was for XXXX and XXXX which has been paid over 2 years ago. I have been fighting with them for two years to have it reflect in good standing. That account was in good standing and was paid in full. The next account was for XXXX. I paid this in full and they still show it negatively on my report. Multiple letters have been sent to XXXX to resolve this over the past two years and nothing has been done. My next steps are to seek legal counsel if these items are not removed immediately. Anytime I see a company uses XXXX XXXX, I deny their card. i refuse to do business with these people. They sell your information and illegally pad your credit report with false information. They even went as far to involve midland credit, who has harassed me and threatened to take my home and my car. They call 20 times a day. I have phone bills showing this. They threatened to garnish wages even though i told them the accounts were not mine and they sent me a picture of a bill saying that it was. i told them a bill does not show proof an account is mine. My signature was nowhere on the bill or their paperwork.
Company Response:
State: TX
Zip: 78717
Submitted Via: Web
Date Sent: 2022-01-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A