Date Received: 2021-08-20
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Encore Capital/Midland Funding , LLC acquired a closed credit card account, that was closed because of cyber hacking fraudulent charge activity from XXXX. This fraudulent activity was investigated by XXXX XXXX fraud investigators, and I was told by XXXX XXXX, I was not responsible for fraudulent charges, which were in the amount of {$2800.00}. Recently I filed two complaints with CFPB in relation to this matter, as well as filing a related complaint in XXXX, complaint # 's ( XXXX, XXXX, XXXX ). In XXXX Encore Capital/Midland Funding , LLC agreed to a settlement with the CFPB in reference to it's unprofessional, and unethical tactics for collecting acquired bad debt accounts. The tactics mentioned in the lawsuit are exactly the tactics Midland Funding, LLC, and their legal Agent XXXX XXXX XXXX, XXXX used with XXXX staff attorney XXXX XXXX XXXX, in obtaining a summary judgment through a non jurisdiction ward level Louisiana court, which I was not served, and had no knowledge of summary judgment until after issued by XXXX XXXX court judge. The proper court jurisdiction would have been XXXX Judicial district court, with proper service provided to respond. Notice to appear in XXXX XXXX court was actually served to a apartment address my brother no longer lived at when served, and was handed to a juvenile for service. As stated, I did not appear, because I was not served, and learned of summary judgment after the fact, on a XXXX XXXX credit card closed by XXXX fraud division, for cyber hacking. This account should have never been bundled and sold as junk debt with other accounts. Since obtaining their summary judgment, Encore Capital/Midland Funding , LLC, via their legal representation XXXX XXXX XXXX XXXX XXXX, has used very unethical tactics, even tactics violating Federal Trade Commission guidelines for debt collection, after being advised by me, that I did not owe the debt, that the account records they said XXXX XXXX included in the junk debt purchase were inaccurate, and in writing sent Encore Capital/Midland Funding , LLC a cease and desist communications concerning collection of this debt I did not owe per Federal Trade commission rules. In the mentioned CFPB complaint filings the one with XXXX XXXX, their response was " account was sold to Midland Funding, LLC in XXXX, and they no longer had information concerning account in their files ''. This means XXXX XXXX no longer has the fraudulent charges activity investigation they used to close the credit card account, and the basis of telling me I did not owe for fraudulent activity. Midland Funding, LLC through their legal representation XXXX XXXX XXXX, XXXX after being told to cease and desist communication with me, as well as stop communication with my employer over collection, has used various unethical methods to track my employment via XXXX credit report, as well as XXXX XXXX XXXX XXXX file. I believe they have also used XXXX location app software to track my daily driving activity, which would show my work location. I have since blocked my XXXX files from disclosure, and shut off all XXXX location tracking information. Midland Funding, LLC via their legal representation XXXX XXXX XXXX has interfered with at least 3 jobs, by taking their I'll obtained XXXX XXXX court summary judgment, and going to Louisiana XXXX and XXXX judicial district courts and obtaining a Garnishment order. These Garnishment orders are presented in a fashion that it appears the summary judgment came from the District court, and not the XXXX XXXX court. XXXX XXXX XXXX XXXX XXXX, and their staff attorney XXXX XXXX XXXX presented these Garnishment notices to my employer, which caused my termination from these employers, because I was still under new hire 90 day probation when H.R. was served with these Garnishment notices. In XXXX Encore Capital/Midland Funding , LLC agreed to stop collection efforts and using unethical tactics in collecting these third party junk debt accounts. A agreement, that Encore Capital/Midland Funding , LLC did not live up to, so the CFPB had to file another lawsuit against Encore Capital/Midland Funding , LLC in XX/XX/XXXX for violating the terms of the XXXX consent order, which was settled in XX/XX/XXXX last year. This final judgment requires Encore and its subsidiaries to pay {$79000.00} in redress to consumers and a {$15.00} XXXX civil money penalty. What I want, is for the CFPB to advise Midland Funding, LLC to leave me alone, quit stalking my employment, and leave me alone. Everything mentioned in the CFPB lawsuit against Encore Capital/Midland Funding , LLC are unethical tactics used against me. I refuse to pay a Debt I don't owe.
Company Response:
State: TX
Zip: XXXXX
Submitted Via: Web
Date Sent: 2021-09-22
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: After having made all of my payments on time for a debt that was originally not even mine due to an error at a hotel I stayed at, Midland Credit Management decided to file my account for collections multiple times according to XXXX. On XX/XX/2021, I had called the XXXX XXXX Law Firm to explain to them that I am currently in a XXXX XXXX to be XXXX XXXX XXXX XXXX and XXXX XXXX and therefore asked to pause my payments. I was told there was nothing that could be done when I felt it was reasonable. I also was treated rather rudely and made to believe it was my fault to be XXXX and unemployed. After the call, I sent an e-mail to the lawyer in charge of the collection, XXXX XXXX He never responded to my e-mail to ask for further documentation when all I wanted was a pause for payment so I could resume once my income returned. This was highly unprofessional.
Company Response:
State: IL
Zip: 60085
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: XXXX debt collectors is using abusive and manipulation tactics along with bullying and profane language. It is obvious they are using a foreign call center that way they don't fall under US law. This is absolutely pathetic and wrong. My first phone called occurred on XX/XX/21. I agreed to a payment plan for my balance of {$410.00}, but I told them I will begin payments when I budget for the next month of XXXX. Starting yesterday XX/XX/21, I receive multiple calls a day from an XXXX person who is berating me and attacking me for not paying my bill. These people will now NEVER receive my money due to their disgusting behavior. I will gladly provide any additional details needed. Actions need to be taken because I know for a fact, I am not the only person this is being done too. They are now calling me from bogus numbers all over the US. I work in sales and CAN NOT have my phone ringing ALL DAY. It gets in the way of customers and my source of income.
Company Response:
State: TX
Zip: 77385
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-20
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: For over one month, repeatedly, and throughout the day, I receive a call from XXXX at Midland Credit, phone number XXXX XXXX and more recently from an unknown number. When I accept the calls she explains that I owe a debt and asks me how I am going to take care of it. She does not provided any additional information. This supposed debt collector has never once left a voice message with further details nor have they sent any written information by mail. I called XXXX and they have confirmed that there is no record of this debt collector on my credit report. I once tried reaching Midland by phone and instead of reaching a main line that stated the name of the company, my call was answered by a male voice who stated only my first name.
Company Response:
State: NY
Zip: 10003
Submitted Via: Web
Date Sent: 2021-08-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-19
Issue: Incorrect information on your report
Subissue: Old information reappears or never goes away
Consumer Complaint: Midland Credit Management placed a negative debt tradeline on my credit on XX/XX/2021. This is a collection debt that was purchased by Midland Credit Management, but they keep applying it each month, as if I've agreed to pay it, or as if it's an open credit debt. From my understanding, a debt creditor is only allowed to put a negative tradeline debt collection on my credit reports once. They are reporting it as new on my credit every month and it has greatly affected my credit. Over the last 6 months they keep submitting it to the credit reporting agencies as a new negative tradeline. The most current negative mark from Midland Credit, is XX/XX/2021. I have not received any letters from Midland Credit Management. Nor have I made any agreements to make payments with them, or opened an account with them.
Company Response:
State: CA
Zip: 94560
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-19
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Police reports and FTC report already submitted listing the original creditor , company claimed law enforcement agency reports were not valid unless the collections agency was listed as a separate entry. District Attorney & personal counsel have advised that the companies claim is false, my documentation of ID Theft & fraudulent charges is correct and valid, thus advised to resubmit.
Company Response:
State: NY
Zip: 10035
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-19
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am getting daily phone calls on my cell phone, from " Midland Credit '', a company with which I have never done any business. They have said that they have the wrong last name and I have never had any other last name, so why are they calling me??? I owe a little bit on my mortgage, no payment has ever been late. I paid off my car early, I do not owe anything to anybody - outside of my mortgage which I could pay off in an instant. I do not own Midland Credit - or anybody else - a XXXX. I want these calls to stop. Get these guys off my back!!!
Company Response:
State: NM
Zip: 870XX
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-19
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: MCM MIDLAND CREDIT MANAGEMENT SENT ME A LETTER COUPLE OF MONTHS AGO. THEY WERE REPRESTING XXXX XXXX SAYING I OWED XXXX DOLLARS FOR XXXX XXXX XXXX NOW I RECEIVE A LETTER THAT I OWE XXXX OFFERING ME A 10 % DISCOUNT. THE AMOUNT HAS TRIPLED. THIS IS A SCAM OR PREDETORY COLLECTION PRACTICES. THEY HAD A CLASS ACTION LAWSUIT IN XXXX AND ANOTHER IN XXXX.
Company Response:
State: FL
Zip: 32223
Submitted Via: Web
Date Sent: 2021-08-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-18
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: Have received roughly 6-7 intimidating collection letters threatening legal action have received 2 letters delivered via XXXX.
Company Response:
State: GA
Zip: 31907
Submitted Via: Web
Date Sent: 2021-08-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-08-18
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: No information given regarding account. Violates federal 15 USC 1692gf also no medical release given and eligible to collect on debt per Section 1681 ( i ). The bureaus have it reporting different pricing and multiple inaccuracies. I never authorized or given permission for this to be reporting
Company Response:
State: CA
Zip: 92683
Submitted Via: Web
Date Sent: 2021-08-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A