Date Received: 2023-11-17
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: On about XX/XX/2023, I was served a civil summons from Plaintiff MIDLAND CREDIT MANAGEMENT , INC through their Attorney XXXX XXXX XXXX XXXX # XXXX XXXX XXXX XXXX, XXXX TN XXXX ; notifying that this debt collector was suing me. I responded to the attorney via certified mail on XX/XX/2023, I demanded validation and proof of claim in accordance with the FDCPA, 15 USCG 1692 et seq and the fair credit billing act, 15 U.S.C. 1666. I have confirmed through my returned receipt they received it on XXXX XXXX. I did not receive a response to my request from their attorney and instead received an invoice on XXXX XXXX dated XX/XX/2023 directly from Midland Credit Management XXXX XXXX XXXX notifying me a lawsuit has been filed against me signed from a XXXX XXXX XXXX Group Manager. Warning me that judgement may be seeked against me. I have no contract with this company nor have they addressed anything in my dispute of this alleged debt.
Company Response:
State: AR
Zip: 725XX
Submitted Via: Web
Date Sent: 2023-11-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-18
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Midland Credit Management collection agency is requesting I pay a total amount of {$6800.00}. I disputed this account and told them this is a fraudulent account. They responded saying they verified the debt as mine however did not include a physical verification of the original signed consumer contract in accordance to the Fair Credit Reporting Act, Section 609 ( a ) ( 1 ) ( A I have sent a second dispute letter out to them with my police report and all required documents.
Company Response:
State: NJ
Zip: 08816
Submitted Via: Web
Date Sent: 2023-11-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: This company really is predatory and abusive, I can hardly believe that they are still up and running. I had submitted a complaint on midland credit on XX/XX/XXXX in which it mentioned that I wanted them to cease all communication as described in the FDCPA and how I am well informed with my rights as a consumer. Midland Credit Management really believes that consumers are stupid as they responded to my complaint stating that they are able to sue me which is a clear threat of something they can not do which violates the FDCPA, more specifically 15 USC 1692e ( 5 ) as they can not threaten to take legal action. Furthermore, if they were to proceed with litigation they would be in violation of a very clear law under this act, 15 USC 1692i ( b ) which specifically states that a debt collector CAN NOT take legal action against a consumer. Additionally they have stated that they will only cease communicating with me directly which completely undermined my notice and 15 USC 1692a ( 2 ) /15 USC 1692c ( c ). They continued to harass me indirectly by continuing to report this information to consumer reporting agencies which is a violation of 15 USC 1692c because the fair debt collection practices act defines communication as " conveying of information regarding a debt directly or indirectly to any person through any medium ''. Clearly an indirect medium is credit reporting. Of course I screen shot the law that was on the FTC.GOV website and attached it to this complaint. This company also stated that they have the right to collect on this transferred instrument which is completely false as I did NOT endorse the transferred contract. I am prepared to make Midland credit face the fullest extent of the law as they clearly DO NOT CARE ABOUT THEIR ABUSIVE AND OPPRESSIVE PRACTICES. They have yet to provide me with the entire purchase agreement, not just the bill of sale and my wet ink signature to prove that I endorsed the transferred instrument with midland credit to validate this alleged debt.
Company Response:
State: PA
Zip: 187XX
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Filed suit which is set for XX/XX/23 for XXXX dollars plus court cost. I requested documentation on XX/XX/23 ( see attacked letter ). On XX/XX/23 called the company spoke with XXXX and XXXX after receiving the attached correspondence ( see attachment from Midland credit dated XX/XX/23 ). I was told by debt company they did not have to provide me with the documents I requested. I was told by XXXX I could check online and see if the requested information was there. I tried to explain according to the Fair Debt collection act the company continued to attempt to collect on debt or seek judgment, the company would be in violation of above act. I was told by XXXX I got all the information they had and refused to provide documentation showing the company is licensed to collect debts in Virginia signed application and documents showing the company had verified that I am responsible for the debt. I was told by XXXX XXXX XXXX it was my responsibility to prove the debt wasnt mine.
Company Response:
State: VA
Zip: 242XX
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: I talked to Midland funding by and tried to resolve this with XXXX XXXX he said he would not do anything for me to make payment arrangements he would not even try anything he was going to garnish my wages for the whole amount the only way to stop it would be to pay him the full amount very rude very nasty very threatening was not helpful at all try to resolve this they just won't do it I will lose my job if they garnish my wages please stop this company from harassing me and trying to get me to lose my job tried numerous times to make arrangements with them
Company Response:
State: FL
Zip: 32073
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: Midland Credit Management refuses to report to credit bureaus the accurate amount of money owed according to our settled upon agreed judgement. My attorney XXXX XXXX successfully negotiated an amount of {$10000.00} to be paid in an initial lump sum of {$2500.00} and then monthly payments thereafter. Per the judgement agreement the monthly payments are mandated to be {$310.00}. Since entering in to the agreed judgement my payments have all been made on time and have exceeded the minimum amount. Despite my paying on time the website portal for payments still threatens legal action as though a lawsuit is pending when they have already sued me and my debt is getting paid while still being inaccurately reported to credit bureaus. In addition to reporting false information to credit bureaus Midland Credit Management has contacted me directly multiple times instead of my attorney. The website for payments towards the settlement amount takes days to update after making on time payments and the balances are still not accurately reflected. Midland Credit Management is a shady business that uses underhanded tactics to harass and sue consumers then doesn't have the integrity to report honest or correct information.
Company Response:
State: OH
Zip: 45238
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I found inaccurate information in my MIDLAND CREDIT credit repot. I tried to fix the issues by sending them a letter through the mail ; however, I was not satisfied with the results. The accounts were not verified. Inaccurate information, such as payment status, payment history, date opened, and date of late payments are still being reported. My rights were violated according to 15 U.S.C. Section 602, I have the right to privacy, and 15 U.S.C Section 604 A Section 2 states that a consumer reporting agency can not furnish an account without my written instructions. I have also attached the FTC report with the report number XXXX.
Company Response:
State: GA
Zip: 30223
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: on XX/XX/2023 I had submitted a complaint against midland credit management in regards of ceasing all communications however, they have continued to communicate with me which is a clear violation of the Fair Debt Collection Practices Act. The FDCPA states that communication is defined as " conveying of information regarding a debt directly or indirectly to any person through any medium '' and midland credit management has started to report this alleged debt to my consumer report which is an indirect medium. It is clear that they do NOT intend to follow federal law. Additionally, I have been receiving threats of litigation from this company which is an additional violation of the FDCPA as it states that debt collectors can not bring or threaten to bring legal action to consumers. I am very angry with this company and I am seeking remedy. If and when this continues I am prepared to litigate as they do not have the right to collect on a transferred contract that I did not endorse with midland credit management. If they truly believe that their purchased contract is valid then I require that they send me the entire purchase agreement not just the bill of sale and I also want proof that I had endorsed a contract with midland credit management using a wet ink signature. If they can not provide this, I demand this company to cease harassing me with their predatory tactics. I demand compensation.
Company Response:
State: PA
Zip: 18017
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: I SENT THE COMPANY MIDLAND CREDIT MANAGEMENT A CERTIFIED LETTER ASKING FOR MAXIMUM ACCURACY IN ACCORDANCE WITH 15 US CODE 1681e. THE LETTER WAS RECEIVED BY MIDLAND CREDIT MANAGEMENT ON XX/XX/. IN RETURN I RECEIVED AN ORIGINAL COPY OF THE XXXX XXXX BILL AND A LETTER ON YELLOW PAPER STATING THAT MIDLAND CREDIT MANAGEMENT WOULD NOT SUE. I SENT TWO MORE LETTERS STATING AND QUOTING THE FCRA ASKING MIDLAND CREDIT MANAGEMENT TO STOP REPORTING ON MY CONSUMER REPORT. I CALLED SEVERAL TIMES. MY LATEST CALL WAS ON XX/XX/ AND I SPOKE WITH XXXX XXXX DIRECTOR OF DISPUTE SHE SUGGESTED SHE DISAGREED WITH THE FCRA. I SENT ANOTHER LETTER ON XXXX XXXX XXXX SITING 15 US CODE 6082 OBLIGATION WITH RESPECT TO DISCLOSURES OF PERSONAL INFORMATION, 15 US CODE 1681a RULES OF CONSTRUCTION and 15 US CODE 1681b PERMISSIBLE PURPOSE.
Company Response:
State: PR
Zip: 00610
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-16
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: On XX/XX/ I had submitted a cfpb complaint towards midland credit about an alleged debt and to cease communication on that alleged debt. A couple days later they responded that they will mark me as " cease and desist '' and yet they have still be communicating with me and I have proof. The fair debt collection practices act defines communication as " conveying of information regarding a debt directly or indirectly to any person through any medium ''. Credit reporting is a medium that midland credit has used to contact me indirectly which violates the FDCPA. I demand that they cease.
Company Response:
State: PA
Zip: 18702
Submitted Via: Web
Date Sent: 2023-11-16
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A