Date Received: 2021-11-24
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: Dear Sir/Ma'am, 1. MIDLAND CREDIT MANAGEMENT Account XXXX Please correct this inaccurate information on my credit report. I recently pulled my credit report from your Bureau and my attorneys and I had a chance to go over my credit report and in amazement, that you have decided to report me XXXX days late on this account. I immediately disputed this information with MIDLAND CREDIT MANAGEMENT and the results of the investigation came back " verified ''. Not only was I never late on this account, but according to the Fair Credit Reporting Act ( FCRA ), the information furnisher is required to notify me of the insertion of negative listings. Since I have disputed the lates with the creditor, and you obviously " verified '' them, I am very curious as to what kinds of " records '' you may have for this alleged account. I am very confident that you are in violation of the ( FCRA ) and ( FCBA ) sections ( 1666, 1666a. 1666b., and 1666c. ) as stated below : 1666. Correction of billing errors ( b ) Billing error ( 4 ) The creditor 's failure to reflect properly on a statement, a payment made by the obligor or a credit issued to the obligor. ( 5 ) A computation error or similar error of an accounting nature of the creditor on a statement. ( 6 ) Failure to transmit the statement required under section 1637 ( b ) of this title to the last address of the obligor which has been disclosed to the creditor, unless that address was furnished less than twenty days before the end of the billing cycle for which the statement is required. ( 7 ) Any other error described in regulations of the Bureau. 1666a. Regulation of credit reports ( a ) Reports by creditor on obligor 's failure to pay amount regarded as billing error After receiving a notice from an obligor as provided in section 1666 ( a ) of this title, a creditor or his agent may not directly or indirectly threaten to report to any person adversely on the obligor 's credit rating or credit standing because of the obligor 's failure to pay the amount indicated by the obligor under section 1666 ( a ) ( 2 ) of this title, and such amount may not be reported as delinquent to any third party until the creditor has met the requirements of section 1666 of this title and has allowed the obligor the same number of days ( not less than ten ) thereafter to make payment as is provided under the credit agreement with the obligor for the payment of undisputed amounts. ( b ) Reports by creditor on delinquent amounts in dispute ; notification of obligor of parties notified of delinquency If a creditor receives a further written notice from an obligor that an amount is still in dispute within the time allowed for payment under subsection ( a ) of this section, a creditor may not report to any third party that the amount of the obligor is delinquent because the obligor has failed to pay an amount which he has indicated under section 1666 ( a ) ( 2 ) of this title, unless the creditor also reports that the amount is in dispute and, at the same time, notifies the obligor of the name and address of each party to whom the creditor is reporting information concerning the delinquency. ( c ) Reports by creditor of subsequent resolution of delinquent amounts A creditor shall report any subsequent resolution of any delinquencies reported pursuant to subsection ( b ) to the parties to whom such delinquencies were initially reported. 1666b. Timing of payments ( a ) Time to make payments A creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purpose, unless the creditor has adopted reasonable procedures designed to ensure that each periodic statement including the information required by section 1637 ( b ) of this title is mailed or delivered to the consumer not later than 21 days before the payment due date. Because I take my credit very seriously, I contacted every name and account that was listed on the report. I was again very shocked by the multiple names, account numbers and figures. Included with this letter, is every letter written to those who have hampered my ability to obtain credit. I believe that any judge that looks over the report would agree that it is a violation of both the FCRA, CCPA and FACTA. The following accounts were listed on your report and I have demanded from them a full accounting and five years worth of records to see if their accounts were in violation of the FAIR CREDIT BILLING ACT ( FCBA ). We also demanded signed contracts, agreements or any legal paperwork that would tie us to the following accounts. Under the FCRA, you are required to conduct an investigation on this account if I request it. I DEMAND to see all 100 % verifiable proof that I was indeed Verifiably late on these accounts and the creditor fulfilled its obligations under ( FCBA 1666 ( a ) ( 2 ) ), As I was never notified of a billing delinquency on my accounts, which the creditor must do under section ( FCBA1666 ( b ) ( 6 ). I DEMAND to see proof that I was mailed my statement to the correct address notifying me of both payment due date and delinquency of payment on the account. If you can not provide 100 % Verifiable proof and proper documentation that the CREDITOR fulfilled its obligations under the ( FCBA ) and ( FCRA ), I therefore demand these late payments be removed from my account or I will be forced to be in contact with the Attorney General of my State and the Consumer Financial Protection Bureau. I therefore am submitting my written request to you to conduct an investigation. Per the FCRA, you have 30 days to conduct this investigation and respond to my request. If you do not respond within this time period, per the FCRA, you must remove this negative information. Thank you for your time, XXXX XXXX SS # : XXXX Date of Birth : XX/XX/1969 XXXX : Consumer Financial Protection Bureau XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: GA
Zip: 31794
Submitted Via: Web
Date Sent: 2021-11-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-24
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have filed a dispute on the incorrect fraudulent accounts, inquiries and public records on my credit report with the credit reporting agencies and it has been very much over 30 days and I have not received any investigation results. Please investigate.
Company Response:
State: CA
Zip: 92880
Submitted Via: Web
Date Sent: 2021-12-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-24
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Investigation took more than 30 days
Consumer Complaint: I have filed a dispute on the incorrect fraudulent accounts, inquiries and public records on my credit report with the credit reporting agencies and it has been very much over XXXX days and I have not received any investigation results. This is unacceptable and needs to be investigated.
Company Response:
State: GA
Zip: 30248
Submitted Via: Web
Date Sent: 2021-12-10
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-24
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Midland Credit Management hired a law office to collect a debt called XXXX XXXX XXXX which I requested within 30 days of receiving the letter to verify the debt by US certified Mail on XX/XX/2021 instead I received another letter from another Law office called XXXX XXXX XXXX, XXXX to collect the same debt on behalf of Midland Credit Management which again I requested to verify the debt using US certified Mail on XX/XX/2021, but did not receive any verification from them in over 30 days that constitute a verification of the claimed debt. I Called Midland, a representative named XXXX XXXX advised to call the attorney, when I called the attorney at XXXX XXXX XXXX claimed they do not have verify the debt in certain time limit, they all give me the run around to simply verify the debt with all the attorney 's phone people rudeness and pushing to extract more info and talking about settlement of unverified debt to start with.
Company Response:
State: NY
Zip: 11105
Submitted Via: Web
Date Sent: 2021-11-24
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-23
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: I spoke with XXXX XXXX after the repeated calls wouldnt stop. I was threatened to be sued if I didnt pay up. I explained I had fallen behind on my credit card payments due to the pandemic and losing my income. The gentleman on the phone then got nasty with me and threatened to sue me. I said well how can I be sued if I dont have any money? He said there are ways. Youd be surprised. Told me I better ask my family for money to pay off my debt.
Company Response:
State: NY
Zip: 13027
Submitted Via: Web
Date Sent: 2021-11-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I would like for the MIDLAND CREDIT MANAGEM to show proof of verification that I owe them {$64000.00} with ACCOUNT # XXXX. As of date, you have not provided me with a 1099c for my review and my records. I am asking that you do this now. In addition, if you reported this alleged debt as a loss to the IRS, I request that you pull this account back from any collection agency you may have placed it with or from any debt buyer you may have sold this to. Please provide this within 30 days. Until this has been provided, I am requesting that any negative reporting to my credit by your company or any company trying to collect this debt is immediately stopped.
Company Response:
State: CO
Zip: 80209
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-23
Issue: Took or threatened to take negative or legal action
Subissue: Sued you in a state where you do not live or did not sign for the debt
Consumer Complaint: XXXX XXXX, ENCORE CAPITAL GROUP ARE INCOLLUSION WITH XXXX XXXX AND ARE BREAKING THE FINANCIAL CREDIT APARATUS FOR CONSUMERS AS WELL AS XXXX XXXX XXXX AND FCRA 15 U.S.C.. SEC TION 1681g. both illegal collections are still reporting on XXXX XXXX after sol. expired XXXX years ago.
Company Response:
State: AR
Zip: 72761
Submitted Via: Web
Date Sent: 2021-11-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: At XXXX pm PST on XX/XX/XXXX a female called stating she was with Midland Credit to collect a debt for my XXXX account. I hung up on them thinking it was a fraudulent call but remembered that they are a legitimate collection company and called them back. I called back at XXXX PM XXXX XX/XX/XXXX and it was a man who answered this time and kept going on and trying to make me make payment arrangements for another account of which I was not totally familiar. I told him I needed to research it first before I make any agreement at which he kept pushing me. He told me I had three accounts with them. He never stated the other two. I then asked about the XXXX account I was initially called for and stated that Ive never had a credit account with XXXX, ever and that if they see a collection that I need to know about it so I can dispute it and report it for fraud. He kept telling me to forget the XXXX account and told me he could not look it up because it was not his case and went back to the other debt. I hung up on him and called XXXX directly to see if someone fraudulently opened up a credit account with them under my name. I called XXXX at XXXX PM XXXX XX/XX/XXXX and she told me that they would not go through another agency and that there is no credit account opened in my name nor never was. My account itself is okay and in good standing. The fact that Midland Credit was never hired by them and that they are using XXXX name to get to people is extremely unethical and in poor taste business or otherwise. There should be some sort of legal ramifications for this behavior in misleading others.
Company Response:
State: CA
Zip: 92606
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Threatened to contact someone or share information improperly
Subissue: Contacted you after you asked them to stop
Consumer Complaint: on XX/XX/XXXX around XXXX central time a XXXX XXXX called XXXX and asked for a XXXX XXXX XXXX told him he had the wrong number and hung up the phone. He then in turned called back and asked for XXXX XXXX again and said that I was her. I said no I am not and please stop calling my phone. I then in turned called him back on my work phone number and asked him why does he continue to keep calling my phone asking for a XXXX XXXX. He then in turned said that he was with Midland Collections and that a civil complaint is going to be issued if the debt was not settled. I then said I am not that person and that you are telling me someones personal information and if you have that person address then you should send them mail telling them about that debt because I don't owe any debt from 2014. I then in turn said if that debt is 2014 it sounds like you are out of statutory time frame. This person has continue to call my cell number XXXX and when I block the number he calls from XXXX he calls from a XXXX number where I have had to block that number today. the date is XX/XX/XXXX. I have asked this man from Midland Collections to stop calling my phone. I will have to put in a complaint about this company with you and with XXXX
Company Response:
State: TX
Zip: 75126
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-22
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Midland credit management contacted me by phone and by mail numerous times attempting to collect money from me regarding a charged off XXXX XXXX account that I have never had. They have sent me a pre-legal notice on XX/XX/XXXX stating that legal action would be taken against me if I did not pay this accused debt. I responded to the letter asking for debt validation because I did not know who Midland Credit Management was. My letter clearly asks the company to provide me with written validation of a contract between them and I so that I could understand why they were demanding me to pay them, and they did not provide that. They instead sent in one envelope including one letter from MCM dated XX/XX/XXXX stating the company was uncertain of what I was disputing and a second letter from XXXX XXXX dated XX/XX/XXXX stating that a credit card was cold to MCM. I contacted Midland Credit management via phone on XX/XX/XXXX and explained to them that I did not have a XXXX XXXX account and they needed to stop reporting the the bureaus that I owed them. They agreed to cease and desist the account but refused to stop reporting to the agency even though they have failed to provide non-generic debt validation.
Company Response:
State: IL
Zip: 60617
Submitted Via: Web
Date Sent: 2021-11-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A