Date Received: 2021-11-16
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: THE COMPANY, MIDLAND CREDIT MANAGEMENT XXXX INC, PURCHASED A DEBT FROM ANOTHER COMPANY AND I HAD NO INVOLVEMENT WITH THE TRANSACTION ACCORDING TO 15 USC 3002 ( 1 ). I AM AN NATURAL PERSON WHICH MEANS MY NAME IN ALL CAPS IS NOT ME. MY NAME IS XXXX XXXX. XXXX5 USC 1692 ( A ) ( 1 ) The term Bureau means the Bureau of Consumer Financial Protection. XXXX, XXXX and XXXX are assumed to be credit bureaus and there is only one Bureau and that is the Consumer Financial Protection Bureau. On XX/XX/1933, Congress enacted HJR-192 to suspend the gold standard and to abrogate the gold clause. This resolution declared that Wheras the holding or dealing in the gold affect the public interest, and are therefore subject to proper regulation and restriction ; and whereas the existing emergency has disclosed that provisions of obligations which purport to give the obligee a right to require payment in gold or a particular kind of coin or currency... Are inconsistent with the declared policy of congress in the payment of debts. This resolution declared that any obligation requiring payment in gold or a particular kind of coin or currency, or in a amount in money policy ; and.. .Every obligation heretofore or hereafter incurred, shall be discharged upon payment, dollar for dollar, in any coin or currency which at the time of payment is legal tender for public or private debts. 15 USC 1681 ( 3 ) ( E ) ( e ) The term investigate consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information.
Company Response:
State: NJ
Zip: 07036
Submitted Via: Web
Date Sent: 2021-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-16
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: I am making a formal complaint about Midland Credit Management. I found my collection account online, which I do not deny. I have tried to pay and/or settle online and Midland Credit would not allow me to do so and a box popped up advising me to call them to settle. I called them twice. Once on XX/XX/2021 and again on XX/XX/2021. In both phone calls, I was told that I could not settle the account online or on the phone. Midland Credit is not working with me to come to a settlement agreement either by paying down debt or paying less than the current amount due to obtain a closed status on my credit report. This has caused a delay in my home purchase. I am in process of obtaining a home loan. Midland Credit is unwilling to remove account or settle account so I would like this account to be removed from all three credit bureaus.
Company Response:
State: CA
Zip: 91915
Submitted Via: Web
Date Sent: 2021-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-16
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX, XXXX SOC SEC # XXXX DOB XX/XX/XXXX ADDRESS XXXX XXXX XXXX, XXXX XXXX , FL XXXX TODAYS DATE : XX/XX/XXXX MIDLAND FUNDING XXXX Your company have violated FCRA 615 ( f ) ( 15 U.S.C. 1681m ( f ) ) ( f ) Prohibition on sale or transfer of debt caused by identity theft You have not responded to my request to provide me with an investigation report. I need this resolve, under the Fair Credit Reporting Act, these disputed items may not appear on my credit report if they can not be supported by any evidence ( 1 ) In general No person ( company ) shall sell, transfer for consideration, or place for collection a debt that such person has been notified under section 1681c-2 of this title has resulted from identity theft. ( 2 ) Applicability The prohibitions of this subsection shall apply to all persons collecting a debt described in paragraph ( 1 ) after the date of a notification under paragraph ( 1 ). ( 3 ) Rule of construction Nothing in this subsection shall be construed to prohibit -- ( A ) The repurchase of a debt in any case in which the assignee of the debt requires such repurchase because the debt has resulted from identity theft ; ( B ) the securitization of a debt or the pledging of a portfolio of debt as collateral in connection with a borrowing ; or ( C ) the transfer of debt as a result of a merger, acquisition, purchase and assumption transaction, or transfer of substantially all of the assets of an entity. A person that furnishes information to any consumer reporting agency shall have in place reasonable procedures to respond to any notification that it receives from a consumer reporting agency under section 1681c-2 of this title relating to information resulting from identity theft, to prevent that person from refurnishing such blocked information. The reference items are listed below please take this matter very serious MIDLAND FUNDING XXXX I have report your company to consumerfinance.gov As a form of record and I am prepare to sue your company Example In re XXXX XXXX XXXX, XXXX Telephone Consumer Protection Act Litigation, Case No. 11-MD-2295-JAH-BGS, in the U.S. District Court for the Southern District of California Stop collection proceedings against me Signatures on applications and accounts Investigators report XXXX, XXXX SOC SEC # XXXX DOB XX/XX/XXXX ADDRESS XXXX XXXX XXXX, XXXX XXXX, FL XXXX
Company Response:
State: FL
Zip: 33463
Submitted Via: Web
Date Sent: 2021-11-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-16
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: My name is XXXX XXXX, and I am sending this request myself to address the inaccuracies on my Credit Reports. I provided proof that this company was falsely representing itself as a creditor which was a deceptive practice and in violation of the Equal Credit Opportunity Act. And where is the proof of payment history of this account? The Credit Bureau chose not to investigate and chose to continue reporting fraudulent practices. That is unethical and damaging as a law-abiding consumer. REMOVE THIS COLLECTION ACCOUNT COMPLETELY FROM MY CREDIT REPORT. Below are the lists of the erroneous accounts reporting on my Credit Report : MIDLAND CRED ( Original Creditor : XXXX XXXX XXXX ) XXXX Balance : {$2800.00} MIDLAND CRED ( Original Creditor : XXXX XXXX XXXX XXXX XXXX Balance : {$1200.00}
Company Response:
State: FL
Zip: 33071
Submitted Via: Web
Date Sent: 2021-12-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: THIS COMPANY MIDLAND CREDIT PURCHASED A DEBT FROM ANOTHER COMPANY AND I HAD NO INVOLVEMENT WITH THE TRASACTION I HAVE KNOW CONTRACT OR AGREEMENT WITH MIDLAND FINANCE THIS IS 15 U.S. Code 1692e.False or misleading representations USC 15 NOTES 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. ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. ( 6 ) 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. ( 7 ) The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer. ( 8 ) 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. ( 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. ( 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. ( 15 ) The false representation or implication that documents are not legal process forms or do not require action by the consumer. ( 16 ) The false representation or implication that a debt collector operates or is employed by a consumer reporting agency as defined by section 1681a ( f ) of this title. ( XXXX XXXX XXXX, title XXXX, XXXX, as added XXXX. XXXX XXXX, XXXX XXXX, XXXX, XXXX XXXX. XXXX ; amended XXXX XXXX XXXX, XXXX. XXXX, title XXXX, XXXX ( a ), XXXX XXXX, XXXX, XXXX XXXX. XXXX. )
Company Response:
State: TX
Zip: 77065
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Attempted to dispute with collection agency. Information on all 3 Credit Reports does not match. Date on XXXX is XX/XX/XXXX, XXXX ; no info and XXXX ; XX/XX/XXXX. XXXX shows placed for collection, while XXXX and XXXX don't show any info. Date last active on XXXX shows XX/XX/XXXX, XXXX no info and XXXX XX/XX/XXXX. How can there be a 2 year gap between 2 bureaus and no info for XXXX. I want this deleted from all three of my credit reports : XXXX, XXXX and XXXX immediately. As it has a detrimental effect on my credit and due to the fact it is not reported accurately, it should be removed.
Company Response:
State: AZ
Zip: 85396
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I pulled my credit report and discovered these accounts as collections on my credit report. I sent a written dispute requesting validation of my debt to you and all three bureaus., not validation of my address. I did not receive a response to what I have requested and was reported as meets the Fair Credit Reporting Requirements. I have included a copy of what I have sent to you and the Credit Bereaus. If you can not provide all of the information below you are by law required to delete all entries off my credit report ASAP.
Company Response:
State: FL
Zip: 32043
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Both cases have been Vacated and the credit bureaus will not take the accounts off my credit report XXXX, XXXX, and XXXX. Please help me to remove them. Case Information Case Number : XXXX Judge : XXXX, XXXX File Date : XX/XX/XXXX Location : XXXX XXXX Justice Court Case Type : Justice Civil Case Status : Adjudicated Party Information Party Name Relationship Sex Attorney XXXX XXXX XXXX ( XXXX ) XXXX XXXX Plaintiff N/A XXXX XXXX XXXX XXXX XXXX Defendant N/A Pro Per Disposition Information There are no disposition notes on file Case Calendar There are no calendar events on file Events Event Type Sub Type Result Result Date Affidavit of Service Private Process Served XX/XX/XXXX Application for Entry of Default Filed by Plaintiff XX/XX/XXXX Counsel Statement of Costs Filed by Plaintiff XX/XX/XXXX Request Affidavit for Entry of Default Judgment Filed by Plaintiff XX/XX/XXXX Judgment Default Signed XX/XX/XXXX Judgments Date ( F ) or / ( A ) gainst Amount Frequency Type Status XX/XX/XXXX XXXX : XXXX XXXX XXXX ( XXXX ) XXXX. {$200.00} Costs XXXX : XXXX XXXX XXXX XX/XX/XXXX XXXX : XXXX XXXX XXXX ( XXXX ) XXXX. {$1900.00} Principal XXXX : XXXX XXXX XXXX XX/XX/XXXX Vacated Case Information Case Number : XXXX Judge : XXXX, XXXX File Date : XX/XX/XXXX Location : XXXX XXXX Justice Court Case Type : Justice Civil Case Status : Adjudicated Party Information Party Name Relationship Sex Attorney MIDLAND FUNDING LLC Plaintiff N/A XXXX XXXX XXXX XXXX Defendant N/A Pro Per Disposition Information There are no disposition notes on file Case Calendar There are no calendar events on file Events Event Type Sub Type Result Result Date Affidavit of Service Private Process Served XX/XX/XXXX Application for Entry of Default Filed by Plaintiff XX/XX/XXXX Request Affidavit for Entry of Default Judgment Filed by Plaintiff XX/XX/XXXX Statement of Costs Filed by Plaintiff XX/XX/XXXX Judgment Default Issued/Ordered XX/XX/XXXX Motion Vacate Filed by Plaintiff XX/XX/XXXX Order Vacate Issued/Ordered XX/XX/XXXX Judgments Date ( F ) or / ( A ) gainst Amount Frequency Type Status XX/XX/XXXX Vacated XX/XX/XXXX Vacated
Company Response:
State: AZ
Zip: 85032
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: On XX/XX/21 at XXXX Company MCM , Midland Credit Management XXXX called me from XXXX and asked for my husband. I told them that I was at work and I'm not him but the person on the phone launched into a spiel about being a debit collector, call being recorded and proceed to tell me all the information of the debt. When I stated that it's a violation of law to do this in my state, as here in my state the law is " Communication with third parties Except as otherwise authorized in this rule, without the prior consent of the consumer provided directly to the debt collector or collection service, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a postjudgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the collection service. '' and I am none of those thing. So they have violated law by disclosing the amount of the debit and company it is for. All they can ask me is if I know how to reach him. At this point they hung up on me. I called back, and said I wanted them to know it was an issue. He said he'd mark my number as a wrong number. I said it wasn't a 'wrong number ' but the tactic they are using isn't legal. He hung up on me again. Called again and asked for a supervisor, have been on hold for 15 min at this point. I have to go back to work so I can not try to talk to the company any longer. This is not my first encounter with MCM using questionable methods and I am really tired of dealing with them in anyway.
Company Response:
State: TN
Zip: 37076
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-11-15
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: The company Midland Credit purchased a debt from another company that i had no involvements with the transaction. According to 15 usc 1692a ( 1 ) The term Bureau means the Bureau of Consumer Financial Protection, XXXX, XXXX and XXXX are assumed to be credit bureaus. Fact is that they are not and that the only bureau is the Consumer Financial Protection Bureau. Fact is that i am a federally protected consumer as detailed in 15 usc 1692a ( 3 ) consumer ( 3 ) The term consumer means any natural person obligated or allegedly obligated to pay any debt. On the date of XX/XX/XXXX Congress enacted HJR-192 to suspend the gold standard and abrogate the gold clause. The resolution of this declared that " whereas the holding or dealing in gold affects the public interest and are therefore subject to proper regulation and restriction and whereas the exisiting emergency has disclosed the provisions of obligations which purport to give the oblgiee a right to require payment in gold or some kinf if coin or currency.,, are inconsistent with the declared policy of congree. in the payments of debts. this resolution declared that any obligation requiring payment in gold or a particular kind of coin or currencent or ina n amoint in money, policy and every obligation herefore ot hereafter inciurred shall be discharded upon payment, dollar for dollar, in any coin or current which at the time of payment is legale tender for public and private debts 15 usc 1681a ( 3 ) ( e ) The term investigative consumer report means a consumer report or portion thereof in which information on a consumers character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any such items of information. I can assure you that an investigative consumer report was not completed. it clearly states that personal charactertics or mode of living is obtained through personal interviews with neighbors and friends. 15 usc 1692e, False and 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. 15 usc 1692e ( 3 ) The false representation or implication that any individual is an attorney or that any communication is from an attorney. I received a letter from XXXX XXXX XXXX, XXXX on behalf of Midland Credit stating that they represent Midland Credit Management against me. This is false and misleading practices being done. Also 15 usc 1692e ( 5 ) The threat to take any action that can not legally be taken or that is not intended to be taken. The letter states a copy of a lawsuit is being filed with the general district court. One i am a federally protected consumer. The term Federally means attendance in a federal court. Second false and misleading this is clearly deceptive practices.
Company Response:
State: VA
Zip: 23059
Submitted Via: Web
Date Sent: 2021-11-15
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A