Date Received: 2021-12-28
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I have been damaged, my credit has been affected and I have suffered. Damages include but are not limited to affecting me in moving into a home that I had planned to but when my credit was affected adversely for the inaccurate and false reporting to my credit report done by Midland Credit Management. It also damaged me by affecting my business and rendered me powerless when it came to obtaining the surety bond that my business needed to succeed, my Business and potential funds that I would have gained from this business can not the repaid because I can not go back in time and regain the time and funds that were lost due to Midland Credit Management 's lack of respect for the FCRA. Midland Credit management Put an unidentified and Inaccurate collection on my credit report so I disputed this collection for accuracies purposes requested A complete validation of this account Bearing my original signature, based on my rights as a consumer, I told Midland Credit Management advised that this letter was not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g ( Sec. 809 ) that your claim is disputed and validation is requested. I demanded proof of this debt, specifically the alleged contract or other instrument bearing my signature, as well as proof of your authority in this matter. Absent such proof, you must correct any erroneous reports of this past debt as mine. I asked Midland credit management to provide the following information : 1. Please evidence your authorization under 15 USC 1692 ( e ) and 15 USC 1692 ( f ) in this alleged matter. 2. What is your authorization of law for your collection of information? 3. What is your authorization of law for your collection of this alleged debt? 4. Please evidence your authorization to do business or operate in this state. 5. Please provide proof of the alleged debt, including specifically the alleged contract bearing my original signature and the original documentation. 6. I also asked Midland Credit Management to please provide a complete account history, including any charges added for collection activity. You have thirty ( 30 ) days from receipt of this notice to respond. Your failure to respond, on point, in writing, hand signed, and in a timely manner, will work as a waiver to any and all of your claims in this matter, and will entitle me to presume that you placed this on my credit report ( s ) in error and that this matter is permanently closed. Provide the proof, or correct the record and remove this invalid debt from all sources to which you have reported it. For the purposes of 15 USC 1692 et seq., this Notice has the same effect as a dispute to the validity of the alleged debt and a dispute to the validity of your claims. This Notice is an attempt to correct your records and any information received from you will be collected as evidence should further action be. I asked for this information well over thirty days ago. And even before I sent this letter to them I disputed with Midland Credit Management online which they never provided any information at all, I disputed it online through XXXX. After having never responded to my request, out of nowhere Midland Credit Management sent me a false Affidavit this was a lie because they had stated that I have never responded to them but in all actuality, they were the ones who had never responded to me in validation this inaccurate account per the FCRA, that was given us as a protection and a right as a consumer. They also have an inaccurate account number on their Documents that is not the account number that was possessed by XXXX XXXX XXXX I have Documentation that clearly shows Midland Credit Managements false account number, and I have an old bank statement that clearly shows the account number from the original account I would Like this inaccurate account removed. I have asked Midland Credit Management to validate the alleged debt that they claim that I owe, and all you have provided me are statements to an account that you can not prove is mine. Midland Credit Management has violated my consumer rights under the Fair Debt Collection Practices Act ( FDCPA ) 15USC 1692 ( g ) - Failure to validate this alleged debt. I refuse to pay this alleged debt until the proper validation of this debt is provided. Please cease and desist all collection activities until you can properly validate this alleged debt. 15 USC 1692c ( c ) Ceasing communication If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. If proper validation of this alleged debt is not provided within 30 calendar days of receiving this notice, I will assume this alleged debt to be invalid and you shall delete this account and stop all collection activities regarding this account. Furthermore, you do not have any jurisdiction or authority to even collect on this alleged debt. FDCPA 811 [ 15 USC 1692i ] Legal actions by debt collectors ( a ) Venue An y debt collector who brings any legal action on a debt against any consumer shall -- ( 1 ) in the case of an action to enforce an interest in real property securing the consumer 's obligation, bring such action only in a judicial district or similar legal entity in which such real property is located ; or ( 2 ) in the case of an action not described in paragraph ( 1 ), bring such action only in the judicial district or similar legal entity -- ( A ) in which such consumer signed the contract sued upon ; or ( B ) in which such consumer resides at the commencement of the action. ( b ) Authorization of actions Nothing in this subchapter shall be construed to authorize the bringing of legal actions by debt collectors. By the way, if you ever decide to turn this alleged debt over to an attorney to collect and violate my rights under the FDCPA 15USC 1692 even further, just keep in mind that an attorney can not be a debt collector and a debt collector can not be an attorney. FDCPA 807 [ 15 USC 1692 ( e ) ( 3 ) ] False or misleading representations 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 : The false representation or implication that any individual is an attorney or that any communication is from an attorney. With all that was said above, for each VIOLATION of the FDCPA that you have committed I am entitled to {$1000.00} per violation. You dont believe me? Ok, let me show you what the law says : FDCPA 813 [ 15 USC 1692k ] Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of -- ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00}. Your Options are as follows : Delete this account and cease and desist with all collection activities ; Settlement; or We go to court and you incur lawyer fees, plus pay me {$1000.00} per violation along with more in damages.
Company Response:
State: VA
Zip: 24501
Submitted Via: Web
Date Sent: 2021-12-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-28
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am XXXX XXXX and I'm submitting this complaint myself and there is NO THIRD PARTY INVOLVED. I, XXXX XXXX, consumer, a natural person and the original creditor of an open-end credit plan, have been a victim of identity theft pursuant to 15 USC 1681a ( Q ) ( 3 ) under the FCRA. I have filed an identity theft report pursuant to 15 USC 1681a ( Q ) ( 4 ). Just an FYI : I understand pursuant to 15 USC 1681c-2 ( c ) that you have the Authority to Decline or Rescind. I assure you the information that I am presenting to you was not blocked in error. No material misrepresentation of the fact has taken place. If you believe that I obtained possession of goods and services, I need a senior Executive member of this company to put it on an affidavit signed under the penalty of perjury notarized. Certified Mail # : XXXX XXXX XXXX XXXX XXXX
Company Response:
State: TX
Zip: 76116
Submitted Via: Web
Date Sent: 2021-12-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Verification of Debt XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Midland Credit Management XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX Account Number : XXXX This letter is sent in response to letter I received on XX/XX/2021. I am requesting that you provide verification of this debt. Please send the following information : 1. The name and address of the original creditor, the account number, and the amount owed on the debt. 2. Verification that there is a valid basis for claiming I am required to pay the current amount owed. 3. Details about the age of the debt and the amount of the debt including a copy of the last billing statement from the original creditor ; a detailed explanation of any interest added or payments made since the last billing statement and the legal authorization for this interest ; the date the original creditor claims this debt became delinquent. 4. Please also note whether this debt is within the statute of limitations and how that was determined. 5. Please also forward details about your authority to collect this debt : whether you are licensed in my state and if so provide the date of the license, name on the license, license number, and the license number, and the name, address and telephone number of the state agency issuing the license. If you are contacting me from outside my state, provide the licensing information from your state as well. Respectfully, XXXX XXXX
Company Response:
State: MO
Zip: 64138
Submitted Via: Web
Date Sent: 2021-12-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-28
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: Midland Credit Management is trying to sue for a XXXX XXXX credit card account I know nothing about and not on my credit report. They are saying I owe over {$3800.00}. They have hired local attorneys to attempt to get a judgement. I have XXXX XXXX XXXX account open on my credit reports. It is a car loan in good standing and I owe more than {$3800.00} on that one. XXXX XXXX credit card would be on my report if I owed anything and they would not have given me a vehicle loan. It is annoying and time consuming that they come up with bogus info and harass people.
Company Response:
State: OK
Zip: 74801
Submitted Via: Web
Date Sent: 2021-12-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-27
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I received notification that this law firm ( XXXX XXXX XXXX XXXX XXXX XXXX ) somehow obtained a judgement against me ; without my consent ( proof of service ). I reached out to the Superior Court of XXXX in reference to this judgment # ( XXXX, Case Number : ( XXXX XXXX XXXX, docketed XXXX, I believe this is way past the ( statute of limitations ). Can this law firm be investigated to make sure they aren't illegally attempting to collecting on debts that past the statute of limitation? This debt is over 10 years old. More importantly I don't ever recall receiving proper notice ( proof of service ) for this so-called debt. Also, I have no idea who Midland Funding is. I spoke with an attorney who mentioned perhaps filing a motion to vacate, since there is not proof of service. We want to make sure the law was properly followed in order to obtain this judgement. I know that ( proof of service ) is required with the court. I have also reached out to the court to see if they have my signature on file for proof of service of this ( so called debt.
Company Response:
State: NJ
Zip: 07103
Submitted Via: Web
Date Sent: 2021-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-27
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( XXXX ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. XXXX. MIDLAND CRED bal. {$10000.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXXXXXX XXXX XXXX, Iowa XXXX
Company Response:
State: TX
Zip: 76227
Submitted Via: Web
Date Sent: 2021-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-24
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: XXXX ai received notification from Midland Credit Management that they were going to sue me if I didn't set up a payment plan by XX/XX/XXXX for a debt from XXXX. I requested debt validation and they were unable to validate all sections I requested including license number and proof of contract for this debt. They responded with a letter marked XX/XX/XXXX that was received XX/XX/XXXX as a bill rather than a validation. They had marked the original letter received XX/XX/XXXX as XX/XX/XXXX but it was actually sent XX/XX/XXXX. The letter received XX/XX/XXXX was not dated on the envelope.
Company Response:
State: AZ
Zip: 85210
Submitted Via: Web
Date Sent: 2021-12-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-24
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: Recently, I had the misfortune of finding that a group of Debt Collectors obtained a lawsuit against me without ever properly serving me. Not only was there not proper service, the misrepresentation of whom they are, what they can do, what actions they can truly take has been grossly inflated to try and strike fear in Consumers. They have falsely put dollar figures in that do not apply to me. There is no clear chain of representation of companies that have had this debt or the original creditor. We are also a Military family and them not taking proper methods to serve legal papers, deceptively file with the Civil Court and blatantly take action they can not legally take is beyond harassment and abuse. They are Junk Collectors using brut tactics. The simple fact that in their own Summons, represent that they are Attorneys with one set of NY DCA license numbers and then on the Complaint page present as DEBT COLLECTORS with different NYC DCA License numbers. 806. Harassment or abuse A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 1 ) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person. ( 2 ) The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader ( 5 ) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. ( 6 ) Except as provided in section 1692b of this title, the placement of telephone calls without meaningful disclosure of the callers identity. 807. False or misleading representations 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. ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( 4 ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment, or sale of any property or wages of any person unless such action is lawful and the debt collector or creditor intends to take such action. ( 9 ) The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued, or approved by any court, official, or agency of the United States or any State, or which creates a false impression as to its source, authorization, or approval. ( 10 ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( 11 ) The failure to disclose in the initial written communication with the consumer and, in addition, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph shall not apply to a formal pleading made in connection with a legal action. ( 12 ) The false representation or implication that accounts have been turned over to innocent purchasers for value. 807 15 USC 1692e ( 13 ) The false representation or implication that documents are legal process. ( 14 ) The use of any business, company, or organization name other than the true name of the debt collectors business, company, or organization. 808. Unfair practices A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : ( 6 ) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if ( A ) there is no present right to possession of the property claimed as collateral through an enforceable security interest ; ( B ) there is no present intention to take possession of the property; or ( 8 ) Using any language or symbol, other than the debt collector 's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if such name does not indicate that he is in the debt collection business. 809. Validation of debts ( a ) Notice of debt ; contents Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such 809 15 USC 1692g verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumers written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( c ) Admission of liability The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. ( d ) Legal pleadings A communication in the form of a formal pleading in a civil action shall not be treated as an initial communication for purposes of subsection ( a ) 812. Furnishing certain deceptive forms ( 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. ( b ) Any person who violates this section shall be liable to the same extent and in the same manner as a debt collector is liable under section 1692k of this title for failure to comply with a provision of this subchapter. 813. Civil liability ( a ) Amount of damages Except as otherwise provided by this section, any debt collector who fails to comply with any provision of this subchapter with respect to any person is liable to such person in an amount equal to the sum of ( 1 ) any actual damage sustained by such person as a result of such failure ; ( 2 ) ( A ) in the case of any action by an individual, such additional damages as the court may allow, but not exceeding {$1000.00} ; ( 3 ) in the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys fee as determined by the court. On a finding by the court that an action under this section was brought in bad faith and for the purpose of harassment, the court may award to the defendant attorney 's fees reasonable in relation to the work expended and costs. ( b ) Factors considered by court In determining the amount of liability in any action under subsection ( a ) of this section, the court shall consider, among other relevant factors ( 1 ) in any individual action under subsection ( a ) ( 2 ) ( A ) of this section, the frequency and persistence of noncompliance by the debt collector, the nature of such noncompliance, and the extent to which such noncompliance was intentional Intimidation on this level, threats of this magnitude should not be acceptable. They managed to violate every section I listed above by trying to get a judgement for a debt that they have not proven I owe, that the person who filed is actually able to do so and operating using a license on their court papers that is NOT covered.. There is no proof of service and they need to be held accountable for their actions.
Company Response:
State: NY
Zip: 11209
Submitted Via: Web
Date Sent: 2021-12-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-23
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: RE : Attentively review my formal writ composed declaration of not proven complaint misinformation that is all or in part : deficient of the adequate current status in the fullness of TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, documented OWNERSHIP, certifiable RESPONSIBILITY, or otherwise irrefutable, complaint obligatory, and regulatory requisite reporting thereby mandating your immediate actions to rectify and remedy and any infractions behavior ( s ) by retaining or returning to demonstrate TRUE, CORRECT, COMPLETE, and COMPLAINT XXXX XXXX data field formatted reporting!!! I am a victim of identity- theft, I am writing to request that you block all accounts disputed as fraudulent on my credit reports with XXXX XXXX XXXX XXXX and XXXX. This information does not relate to any transactions I have made. I did not give anyone authorization or consent to use my personal information. I hereby exercise my legal rights enacted by Congress and The Federal Trade Commission, which explicitly states when a victim of identity-theft dispute a fraudulent account on his/her credit report it shall be honored by all credit bureaus and all fraudulent information should be blocked within 4 days and proper notification shall be given to all data furnishers pursuant to section 605b of The Federal Fair Credit Reporting Act. Failure to comply shall lead to complaints being filed with XXXX XXXX XXXX XXXX Consumer Financial Protection Bureau, and Attorney General stating your companys unlawful collection practices, misrepresentation of creditworthiness, defamation of character, and noncompliance to abide by laws enacted by Congress to protect victims of identity-theft who's credit been impacted by acts of fraud. Because I know my rights under THE FAIR CREDIT REPORTING ACT, CONSUMER CREDIT PROTECTION ACT ( CCPA ), and FAIR and ACCURATE CREDIT TRANSACTION ACT of 2003 ( FACTA ). I will be taking action. I also know my rights under this paragraph of Section 312 of the FACTA LAW : SEC.312. Procedures to enhance the accuracy and integrity of information furnished to consumer reporting agencies. ( b ) duty of furnishers to provide accurate information. -- Section 623 ( a ) ( 1 ) of THE FAIR CREDIT REPORTING ACT ( 15 U.S.C . 1681s-2 ( a ) ( 1 ) is amended ( 1 ) in subparagraph ( A ), by striking " knows or consciously avoids knowing the information is inaccurate '' and inserting " knows or has reasonable cause to believe that the information is inaccurate '', and ( 2 ) by adding at the end of the following : ( D ) DEFINITION -- For purposes of subparagraph ( A ), the term 'reasonable cause to believe that the information is inaccurate ' means having specific knowledge, other than solely allegations by the consumer, that would cause a reasonable person to have substantial doubts about the accuracy of information. Policy states. According to the Fair Credit Reporting Act FCRA 611 ( 15 U.S.C 1681 ), Procedure In Case of Disputed Accuracy. ( a ) Reinvestigation ( 1 ) Reinvestigation ( a ) In general. Subject to Subsection ( f ), if the completeness or accuracy of any item of information contained in a consumers file at a consumer agency is disputed by the consumer and the consumer notifies the agency directly, or indirectly through a reseller, of such dispute, free of charge, conduct a reasonable reinvestigation to determine whether the disputed information is inaccurate and record the current status of the disputed information, or delete the item from the file in accordance with paragraph ( 5 ), before the end of the 30-day period beginning on the date on which the agency receives the notice of the dispute from the consumer or reseller. Therefore, my position is being clearly stated, these accounts do not belong to me, meaning that you are reporting inaccurate account information within my credit file. The fact that these are inaccurate account information means that you, this credit-reporting agency, are reporting incorrect accounts. 1. MIDLAND CRED bal. {$1300.00} I am well aware of my rights as a consumer. The Fair Credit Reporting Act requires that you, the credit-reporting agency report accurate and/or correct account information within my credit file. My credit issues are very specific, these accounts and/or items do not belong to me. This means that you are reporting incorrect account information within my credit report. It is this in mind that I request that these listed accounts and items be Blocked and Deleted. According to the Fair Credit Reporting Act FCRA, Section 1681c ( 2 ) Block of information resulting from identity theft. 1.Block. Except as otherwise provided in this section, a consumer reporting shall block the reporting of any information in the file of a consumer that the consumer identifies as information that resulted from alleged identity theft, not later than four ( 4 ) business days after the date receipt by such agency of 1. Appropriate proof of identity of the consumer ; 2. A copy of an identity theft report 3. The identification of such information by the consumer ; and 4. A statement by the consumer that the information relating to the transaction by the consumer. I have provided all of the above listed four ( 4 ) items within this package. Therefore, I expect these listed accounts to be deleted and blocked within ( 4 ) business days. This is clearly an identity theft issue. I am also entitled to receive a free copy of my credit report, so I am requesting a free credit report and that all of these accounts, public records items, and inquiries be permanently blocked and deleted. Enclosures : Identity Theft Report Proof of Identity Copy of Account Statement showing Fraudulent Items FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX, Iowa XXXX
Company Response:
State: TX
Zip: 75219
Submitted Via: Web
Date Sent: 2021-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Midland credit hasnt been able to validate the so call debt and threatening to sue if not paid. Attempted to dispute account with both credit report agencies and debt collection agency
Company Response:
State: ID
Zip: 83704
Submitted Via: Web
Date Sent: 2021-12-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A