Date Received: 2021-12-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: MIDLAND CREDIT XXXX THIRD-PARTY DEBT COLLECTOR IS FRAUDULENTLY CLAIMING AUTHORITY OVER THE EXECUTOR OFFICE TO ADMINISTRATE FOR THE XXXX XXXX XXXX I NEVER SIGNED AN AGREEMENT WITH THE ALLEGED CREDITOR. THIS IS NOT THE ORIGINAL CREDITOR. I DON'T OWE THE ALLEGED DEBT OF {$1700.00} AND THIS IS A DUPLICATE ACCOUNT. MIDLAND CREDIT MANAGEMENT XXXX INC IS A THIRD-PARTY DEBT COLLECTOR WHO BOUGHT A DEFAULTED NOTE FROM XXXX XXXX XXXX ON XX/XX/XXXX. MIDLAND CREDIT MANAGEMENT IS ATTEMPTING TO SUE ME FOR DEBT THIS IS NOT MINE. I NEVER GAVE MY EXPRESSED WRITTEN CONSENT TO MIDLAND CREDIT INC AND ITS ASSOCIATES TO CONTACT ME ABOUT THIS ALLEGED DEBT. XXXX, XXXX, XXXX, & XXXX, XXXX will forthwith return and transmit the written evidence of your delegated authority to represent that you and MIDLAND CREDIT MANAGEMENT is authorized to administrate ( acting trustee ) on the XXXX XXXX, together with certified copies of signatures contract between you and consumer name, original creditor, bonds, original creditor Charge-off documents, sureties, indemnification, insurance, and any Third-Party Debt Collector XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX private information XXXX XXXX members, possibly resulting in identity thief. Also, relating information to your personal and professional acts referenced above and your arrogated paperwork intrusion upon XXXX XXXX. COURTS REQUIRE your contract for jurisdiction. I XXXX XXXX PERSON, dispute this debt and ALL claims in accordance with XXXX XXXX XXXX, Title XXXX XXXX XXXX, Regulations Z, Regulations M, and ALL applicable UCC Articles. Midland Credit Management XXXX XXXX, was recently sued and settled for XXXX in consumer redress and a {$15.00} XXXX civil money penalty for violating the consent order by suing consumers without possessing documentation as required by the consent order, using law firms and an internal legal department to engage in collection efforts without providing disclosures required by the consent order, and failing to provide consumers with loan documentation upon request as required by the consent order by the XXXX XXXX XXXX. MIDLAND CREDIT MANAGEMENT IS IN VIOLATION OF : XXXX XXXX XXXX XXXX. False or misleading representations A debt collector XXXX 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 : ( XXXX ) 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. ( XXXX ) The false representation of XXXX XXXX XXXX the character, amount, or legal status of any debt; or XXXX XXXX XXXX any services rendered or compensation which XXXX be lawfully received by any debt collector for the collection of a debt. ( XXXX ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. ( XXXX ) The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the XXXX, 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. ( XXXX ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( XXXX ) The false representation or implication that a sale, referral, or other transfer of any interest in a debt shall cause the consumer to ( A ) lose any claim or defense to payment of the debt; or ( B ) become subject to any practice prohibited by this subchapter. ( XXXX ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( XXXX ) Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed. ( XXXX ) 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. ( XXXX ) The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. ( XXXX ) 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 legal action. ( XXXX ) The false representation or implication that accounts have been turned over to innocent purchasers for value. ( XXXX ) The false representation or implication that documents are a legal process. ( XXXX ) The use of any business, company, or organization name other than the true name of the debt XXXX business, company, or organization. ( XXXX ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( XXXX ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section XXXX ( f ) of this title. ( Pub. XXXX XXXX, title XXXX, XXXX, as added Pub. XXXX XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended Pub. XXXX XXXX, XXXX. A, title XXXX, XXXX ( a ), XXXX XXXX, XXXX, XXXX XXXX. XXXX. )
Company Response:
State: FL
Zip: 33064
Submitted Via: Web
Date Sent: 2021-12-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: To whom may concern This is a notice of default and opportunity to cure for Midland Credit Management Inc. as the affidavit sent in support of my claim was not rebutted and my demands in the cease and desist were not met. This is an opportunity to settle this dispute by acting in good faith by providing my request of remedy due to the wrongdoings done against me. You failed to respond my request, which is a FDCPA violation, and you continued to report a disputed debt to the Credit Bureaus : another FCRA violation and other several violations in the exhibit A ( attached ) Not only they ignored my prior requests for validation of debt included in the cease-and-desist letter ( proof attached : receipt copies or letter copies ) but they continue to report this debt to the credit bureaus causing damage to my character. These two certified letters, receipt number : XXXX Delivered : Thu, XX/XX/XXXX, XXXX PM and XXXX Delivered : Thu, XX/XX/XXXX, XXXX PM was to formally advise you that I believe your company has violated my consumer rights in the following ways. Specifically, you : - Failed to validate a debt at my request- FDCPA violation - Continued to report a disputed debt to the CRA- FCRA violation XXXX Continued to attempt to collect a disputed debt- FDCPA violation - Ignored my cease and desist- FDCPA violation As you certainly are aware, " Admission by Silence '' means that you had a legal duty to defend your position but failed to do so and if my claims were untrue, you would have been compelled to deny my charges. I will use the Admission by Silence in my defense should I be summoned to court or take action against you. ( Letter attached sent to you previously ) Pursuant to 15 USC 1692c ( c ) I am notifying them in writing that I refuse to pay this alleged debt, and I am demanding that you cease all forms of communication with through any and all mediums. Pursuant to 15 USC 1692c ( c ) ( 2 ) I am invoking my specified remedy as a consumer, and the original creditor I am demanding all of the following : Zero out the balance on this account Deletion from all consumer reports. I will reproduce an invoice and send it to your company with Federal violations due to me by your company if you don't comply with my remedy
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Problem with a company's investigation into an existing issue
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I am exercising my right to validate an alleged debt with Midland Credit Management Inc On XX/XX/2021, I mail via XXXX certified letters which were received by their office on XX/XX/2021, to Midland Credit Management Inc, at XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, CA XXXX. In the letters, I REQUESTED they ( Midland Credit Management Inc ) provide a DETAILED AND COMPLETE AUDIT TRAIL of their alleged debits, I REQUESTED they zero out the balances and remove ANY AND ALL INFORMATION pertaining to these ALLEGED DEBITS from all consumer reporting agencies. They DID NOT send me the above-requested information nor did they remove the information from CRAs.
Company Response:
State: NY
Zip: 14606
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: There is an account on my credit report in the name of MIDLAND CREDIT MANAGEMENT with an amount of {$3900.00} balance. This account is being PAID monthly. I wrote the bureau about the reporting and they are still reporting it as a derogatory and XXXX days late in XXXX when I made the payment for XXXX.
Company Response:
State: IL
Zip: 601XX
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: i have contacted all 3 credit bureaus as well as Midland 7 times challenging the accurate, compliant, and factual reporting of an account that is showing on my credit report. each time it comes back verified as accurate ... .what type of investigation are these companies doing? this account has been showing as re aged for over a year now which is a tactic these people use in order to try to move the statue of limitations to sue you ... Midland is shady i know of friends that theyve done the same thing to and my friends were awarded a judgement by the courts against Midland..I am ready to do the same if this is not deleted and not resold
Company Response:
State: PA
Zip: 196XX
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Midland Credit took over the XXXX XXXX account since it was deliquent. This was then sent to XXXX XXXX XXXX XXXX XXXX. I contacted the law firm in XX/XX/2021 to settle the account. The account was then settled and they informed me they will send a letter to Midland Credit. My account has continued to show up as late/unsettled for the past 6 months. In XX/XX/2021 I called Midland Credit to ask why this is still reporting as unsettled. They stated I needed to call XXXX XXXX XXXX XXXX XXXX. I called the law firm and they reported this account was settled and letter was sent to Midland Credit in XX/XX/2021. I called Midland credit again, numerous times, and was told they would be requesting a letter from XXXX XXXX XXXX XXXX XXXX. I called XXXX XXXX XXXX again in XXXX XXXX and they are still showing a balance on a settled account. I asked what I needed to do and they asked I call the Law firm. It has been 6 months and Midland credit refuses to update my account. I have asked to speak to managers and have been refused stating they can not assist. Again, this account was settled with XXXX XXXX XXXX XXXX XXXX since XX/XX/2021. Midland credit will not udpate my account so it can reflect on my credit. The amount in question is {$210.00}.
Company Response:
State: UT
Zip: 84096
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Problem with customer service
Subissue:
Consumer Complaint: XXXX XXXX called Midland Funding to pay I asked representative if they can send me copy of a report specify where these charges come from late fees Service charge and the representative Informed me its been a very long time for this account to be opened and I shouldnt be asking any type of questions I should just be paying for this account and they were going to be taking me to court and that they were going to send somebody to arrest me and garnishing my XXXX XXXX benefits.
Company Response:
State: FL
Zip: 32607
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
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. MIDLANDCRE & {$3700.00} 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 I tems FTC Notice to Furnishers CC : Consumer Financial Protection Bureau XXXX XXXX XXXXXXXX XXXX XXXXXXXX, Iowa XXXX
Company Response:
State: PA
Zip: 19124
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I am writing without the assistance of any third party company. I am writing this complaint from my understanding of the Federal Law that is presented in my XXXX XXXX XXXX. I am the consumer, natural person who extended XXXX XXXX my credit card pursuant to 15 U.S.C. 1602 ( l ) along with my signature. In that moment, I created a financial asset pursuant to 12 CFR 360.6 ( 2 ) which is known as a negotiable instrument or promissory note. XXXX XXXX sold said debt to MIDLAND CREDIT MANAGEMENT XXXX XXXX a third-party debt collector who is in violation pursuant to 16 CFR 433.1 which defines a consumer credit contract as well as the consumer, 16 CFR 433.2 which states NOTICE ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER., and 16 CFR 433.3 which defines open-end consumer credit contract, open end credit and contract in reference to a consumer credit contract ; MIDLAND CREDIT MANAGEMENT XXXX XXXX is in violation pursuant to federal law. I am aware the pursuant to 12 CFR 226.2 the original negotiable instrument is a credit card account under open end consumer credit plan MIDLAND CREDIT MANAGEMENT XXXX XXXX has used harassment and abusive tactics in attempting to collect alleged debt filing a summons without the proper course of lawful actions, hiring an attorney ( XXXX XXXX XXXX XXXX XXXX who too is in violation pursuant to 15 U.S.C 1692e ( 3 ) false and misleading representations causing anxiety, headaches, less time tending to daily tasks etc and I am unsure of how to resolve these matters, please help!!
Company Response:
State: WI
Zip: 54902
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-12-03
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I respectfully request that the company offices provide me with competent evidence that I have any legal obligation to pay them or else remove the account from reporting on my credit report.
Company Response:
State: PA
Zip: 18017
Submitted Via: Web
Date Sent: 2021-12-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A