Date Received: 2023-11-22
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: I have spoke to Midland Credit Management in the past and this is more than once they have done this to me. I have even even filed a cease and desist against them and they have violated my wishes, once more. On XX/XX/2023 I received a letter which will be attached to this complaint, where the company even acknowleged that I ask for cease communications. But in this letter they have threatened a lawsuit against me, further damaging my name and credit report. Which in turn violates Section 1692c in Title 15 of the U.S. Code Under this section of the Fair Debt Collection Practices Act, third-party debt collectors must cease contact with the debtor upon their request. I believe Midland Credit Management has further violated the FDCPA Laws which also says debt collectors can't use false, deceptive, or misleading practices. This includes misrepresentations about the debt, including : The amount owed That the debt collector is an attorney if they are not False threats to have you arrested Threats to do things that can not legally be done Threats to do things that the debt collector has no intention of doing
Company Response:
State: TX
Zip: 751XX
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: XXXX XXXX XXXX XX/XX/2023 {$860.00} i reach by phone and spoke with a rep, i ask where did they get this info from because i have no knowledge of it i ask from photo id i ask for signing proof i ask for time, and place, never provided any legal info no court papars told them this is fraud,
Company Response:
State: PA
Zip: 15205
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Received communication in late XXXX early XXXX from Midland Credit Management and could not communicate with the agents to understand the debt or try to resolve the debt. The agents would over talk me and I could not asked or get a question answered the agent would get louder. So, I stop trying. It was frustrating to XXXX XXXX I asked them to only communicate by mail. They had my most recent address and my previous address and my current address. They sent a court order to a XXXX XXXX XXXX address whose occupants I was not in contact with. After garnishment was started and research was done I found out where the paperwork went. The court records were researched to find what was being filed against me. This company received {$2000.00} for a debt that has yet to be clarified for exact amounts. And, the debt release was received in XX/XX/XXXX and they still have not refunded the total amount of overage in 5 months The court clerk was contacted for copy of original documents and it has different monetary amounts from what I was told on the phone was the debt owed. {$510.00} is still outstanding and these are checks that were supposedly mailed back to my employer in XX/XX/XXXX. I have dates, names and times I tried to clarify this issue starting in XXXX.
Company Response:
State: MI
Zip: 480XX
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: This company, Midland Credit Management has furnished a collection on my consumer report without allowing me to validate the debt first. This is part of the reason I am submitting this complaint today. They are attempting to collect on a debt transferred from XXXXXXXX XXXX XXXX with the account number XXXX and the balance being {$420.00}. They reported this information to XXXX and XXXX on the XXXX of XXXX and for XXXX they reported it on the XXXX of XXXX. I provided a screenshot of my consumer report. Under the FAIR DEBT COLLECTION PRACTICES ACT, I have the right to request and receive validation of the debt. Therefore, in order for me to validate this alleged debt, I am requesting the entire purchase agreement of this transferred contract/instrument be sent to me. I do not want just the bill of sale. Please send me the entire purchase agreement of this account or you will not be validating this alleged debt per my request. In addition to sending the entire purchase agreement, I am requesting the following items. Pursuant to 12 CFR 1006.34 please provide me with a copy of all the following : ( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information. ( 1 ) Debt collector communication disclosure. The statement required by 1006.18 ( e ). ( 2 ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collector 's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information. ( ii ) The consumer 's name and mailing address. ( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date. ( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number. ( v ) The name of the creditor to whom the debt currently is owed. ( vi ) The itemization date. ( vii ) The amount of the debt on the itemization date. ( viii ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page. ( ix ) The current amount of the debt. ( 3 ) Information about consumer protections. ( i ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer notifies the debt collector in writing on or before that date that the debt, or any portion of the debt, is disputed, the debt collector must cease collection of the debt, or the disputed portion of the debt, until the debt collector sends the consumer either verification of the debt or a copy of a judgment. ( ii ) The date that the debt collector will consider the end date of the validation period and a statement that, if the consumer requests in writing on or before that date the name and address of the original creditor, the debt collector must cease collection of the debt until the debt collector sends the consumer the name and address of the original creditor, if different from the current creditor. ( iii ) The date that the debt collector will consider the end date of the validation period and a statement that, unless the consumer contacts the debt collector to dispute the validity of the debt, or any portion of the debt, on or before that date, the debt collector will assume that the debt is valid. ( iv ) If the debt collector is collecting debt related to a consumer financial product or service as defined in 1006.2 ( f ), a statement that informs the consumer that additional information regarding consumer protections in debt collection is available on the Bureau 's website at www.cfpb.gov/debt-collection. ( v ) If the debt collector sends the validation notice electronically, a statement explaining how a consumer can, as described in paragraphs ( c ) ( 4 ) ( i ) and ( ii ) of this section, dispute the debt or request original-creditor information electronically. Lastly, Pursuant to Uniform Commercial Code 3-203 TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER, this item can not be in collected by you, Midland Credit Management because once the contract/instrument is transferred, the rights to collect are cancelled unless I indorse the transferred contract/instrument with you ( midland credit management ). You need an indorsement ( as described in Uniform Commercial Code 3-204 ) from me in order to lawfully collect on this alleged obligation. Otherwise, without my indorsement you CAN NOT collect. If you believe otherwise, please send me the contract in which I indorsed and you, Midland Credit Management indorsed with wet ink. You have 15 days after receiving letter to send me all items stated above to validate this alleged debt. If you can not send all of the requested items in a timely manner then I demand that you remove this inaccurate information from all consumer reports as it is in violation of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act. If you do not, I will seek litigation for damages.
Company Response:
State: PA
Zip: 18201
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Credit monitoring or identity theft protection services
Subissue: Billing dispute for services
Consumer Complaint: I was informed by a lender that I have unsecured debts of {$5200.00} reported by Midland Management, a collection agency. The credit card ending XXXX. I did not authorize anything. I don't have the card. I do not know if scammers are using the card. I have no idea what {$5200.00} is for.
Company Response:
State: TX
Zip: 77057
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-22
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: I am writing to formally bring to your attention the concerning behavior exhibited by Manager XXXX XXXX during our recent interaction regarding the debt collection process. During our conversation on Monday, XX/XX/XXXX at XXXX EST. XXXX XXXX displayed forceful and aggressive behavior towards me. Despite my acknowledgment of the debt and the challenging circumstances my family and I are facing due to maternity leave and my husbands job loss, XXXX XXXX repeatedly accused me of irresponsibility. I explicitly stated my willingness to address the debt in due course, mentioning my plan to utilize my tax refund in XXXX to initiate repayments to all creditors, including Midland. However, instead of understanding or empathy, XXXX XXXX continued to employ threatening language, insisting on immediate repayment and threatening legal action. His persistence in pressuring me, even after expressing discomfort with his approach and labeling it as abusive, was highly distressing and unacceptable. No individual should be subjected to such aggressive tactics, especially when attempting to navigate financial challenges caused by unforeseen circumstances. I request an immediate investigation into this matter and appropriate action against such abusive debt collection practices. My aim is not to evade responsibility but to request a fair and respectful approach to resolving this debt issue.
Company Response:
State: FL
Zip: 33034
Submitted Via: Web
Date Sent: 2023-11-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-20
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am writing in response to your recent communication, which I received regarding the alleged debt associated with the account under my name, referenced in your letter. I appreciate your prompt attention to this matter, and I would like to bring to your attention some concerns regarding the validation process and the handling of my personal information. Firstly, I must express my dissatisfaction with the validation process as outlined in your letter. While I acknowledge the explanation provided regarding the charge-off and subsequent sale of the debt, I find it troubling that my personal information was sold and transferred to multiple entities without my explicit written consent. I believe that such actions infringe upon my privacy rights and raise concerns about the security and responsible handling of personal data. Additionally, I dispute the claim that no correspondence was received directly from me prior to the complaint filed through the Consumer Financial Protection Bureau ( CFPB ). I have not been provided with an opportunity to validate or dispute the alleged debt directly with your agency. The notifications of dispute initiated through credit reporting agencies do not constitute direct communication with me, the consumer. I request that you provide evidence of any correspondence sent to me regarding this matter before the dispute filed through the CFPB. Furthermore, I assert my right to have clear information about the terms and conditions of any original contract associated with this debt. The sale of the debt does not absolve your agency of the responsibility to provide verification of the debt upon my request, including the original contract, complete payment history, and a full set of billing statements. I am aware of the requirements under the Federal Debt Collection Practices Act ( FDCPA ), and I believe that these documents are necessary for a thorough validation process. In light of the above concerns, I am formally disputing the validity of the alleged debt and request that you cease all collection activities until a proper validation, including the requested documentation, is provided. Additionally, I seek clarification and written confirmation that my personal information will not be further sold, transferred, or furnished without my explicit written consent. I appreciate your prompt attention to these matters and look forward to a swift resolution. Please consider this letter as a formal request for validation of the debt and a cease and desist of all collection activities until proper verification is provided.
Company Response:
State: NY
Zip: 10026
Submitted Via: Web
Date Sent: 2023-11-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-20
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: There are 3 items on my credit report that are not mine. I did not open accounts with Midland. ive never had an XXXX XXXX XXXX XXXX
Company Response:
State: FL
Zip: 33713
Submitted Via: Web
Date Sent: 2023-11-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-20
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have not received any documents from the bureaus!
Company Response:
State: TX
Zip: 78504
Submitted Via: Web
Date Sent: 2023-11-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-20
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: On XX/XX/XXXX I sent a debt validation letter to Midland Credit Management. Requesting Written verification of the amount of the alleged debt, including a detailed account of any interest or fees charged ; The name and contact information of the original creditor ; Proof that your agency is licensed to collect debts in North Carolina ; A complete payment history for the account, including dates and amounts of all transactions ; and Copies of any documents demonstrating that I agreed to the terms and conditions of the original contract, including the signed agreement. I also requested that the company only contact me in writing from that day forward. On XX/XX/23 I sent a failure to validate letter. This is an expert from said letter " As of today, you have failed to respond to my requests! For your convenience, I have included a copy of my previous letter and a copy of the mail receipt showing that you received my letter on XX/XX/23. Since you have failed to respond, I assume that you have been unable to validate the debt, and therefore, I consider this matter closed. You may consider this letter your official notification that I do not intend to correspond with you on this matter again unless you comply with my requests, the FDCPA, and the FCRA. I must remind you that any attempt to collect this debt without validating it violates the FDCPA. I am recording all phone calls and keeping all correspondence concerning this matter. Be advised that I will not hesitate to report law violations to my State Attorney General, the Federal Trade Commission, and XXXX XXXX XXXX XXXX XXXX. '' On XX/XX/23 I received a threatening letter from Midland. The letter stated that if payment was not received by XX/XX/23 they may forward my account to an attorney for litigation. This violates the FDCPA and NC statute XXXX.
Company Response:
State: NC
Zip: 27801
Submitted Via: Web
Date Sent: 2023-11-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A