Date Received: 2021-03-24
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have no idea what this debt is. I do not owe Midland Credit or XXXX XX/XX/XXXX. They have not reached out to me in the past. This is not my debt and I feel this should not be on my account. I do not understand why this is being reported when I pay all of my bills on time. Please have this removed from XX/XX/XXXX. Thank you,
Company Response:
State: NC
Zip: 28278
Submitted Via: Web
Date Sent: 2021-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-24
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: My first knowledge of this debt was when I get court papers stating that I am being sued. When I look at the documents provided by Midland credit management I find that the statements provided were from a person who shared a similar name and a different address. I dont know how these attorneys got hold of my address to sue me. Since I am already in court and have to send an answer I let the court know in my response that that is not my credit card account and that is not my address. I have lived in my current address for the last 15-16 years. I dont know any one in that address not even in that town. I send a copy of my response to the Midland attorneys as directed by the court. As a result I begin getting requests from midlands attorneys to provide to them all my personal information in order for me to prove it is fraud. Why would I do that if they are supposed to have that information if they claim I opened a credit card and owe money. I am right now waiting for the hearing in the coming month but I am unemployed and dont have an attorney and the court could not provide one for me. Midland has no proof that I possess that credit card and are making the papers in the court look like I received those statements, misleading the court. I requesting that they stop this unfair law suit and stop asking for my personal information. Thank you
Company Response:
State: CT
Zip: 06516
Submitted Via: Web
Date Sent: 2021-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-24
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: I am XXXX XXXX. I am acting on my own behalf, and no one is acting on my behalf, through this portal XXXX - this is a complaint regarding your Credit Reporting/Metro2/Compliance - and with respect to FCRA and FDCPA mandates. Their rules/laws/mandates are clear. While this is my issue - what is occurring, is systematic and across all classes/people, and in full view as because of how consumer data is collected, entered into XXXX systems, stored and then reported/integrated to the CRAs. I am am a tech data integrator, a bit of a techie - and now I can see. The CFPB - should review this complaint, as any XXXX customer - is no doubt dealing with the same systematic/file FCRA/FDCPA incompliant issues. ALL Tradelines, on all reports are within the scope of this complaint. XXXX, XXXX, XXXX and XXXX and as applicable to the consumer, and their impacts, Those tradelines indicate you - XXXX, as the ACCOUNT NAME and owner. I believe they are in concert with you, your related companies and this industry. The request is simple - please fix all of them ( my accounts XXXX has reported ) and at each CRA so the tradelines are compliant - or delete each, at each CRA. If I know - you, XXXX et al, with a whole tech team, leaders and a whole IT QA team must. Your Metro2 files/integrations - to the CRAs, are historical and when/where applicable - discoverable. Your response to a XXXX complaint attached - XXXX ( I can spec to file, test and prove/fail ) - know this is not forensic - yet. This complaint is as follows : 1. XXXX, willingly and knowingly, is reporting to all CRA 's - as if they are a Creditor/Credit Grantor ( Factoring Company ). Attachment - Attachment - XXXX ( numbers 1 - 3 ) 2. XXXX, is NOT, in fact - Factoring company, by definition, law and then their own acknowledgements/statements. I rely on the FTCs definition of a CREDITOR/Debt Collector. 3. Factoring Companies/Creditors - can send all data applicable, to a consumer account, as per the industry file standard - Metro2. Outside of a Header/Trailer record - and depending on the type of credit, and its duration - the fields that can be sent per tradeline- are in the 100s ( hundreds ). 4. Debt Collectors - as per the industry file standard - Metro2 ( many sources ) are directed to populate approximately 19 fields. 5. When reporting in XXXX ' fashion ( as if they are Factoring Company/Creditor ) - the tradeline egregiously/knowingly and illegally anchors a consumer report with a Creditor account, that has not been paid, starts with a C ( Collections ) and since the tradeline was opened, but forever erroneously with/by XXXX. Even when a consumer pays - the account then can never, ever be resolved and exists as it's intended to - unless it's deleted. 6. Even though CRAs expressly define the SEGMENTS for COLLECTIONS, XXXX subverts the industry standard Metro2 - file specifications, and - lands in a space in the CRAs databases, where Creditors reside - and dutifully impacts consumers OPEN accounts, where calculations of scoring data is/are most impactful. 7. The impacts are broad - scores, CRAs calculation to display data - lenders assessing consumer worthiness and even with an orphaned/wholly inaccurate XXXX tradeline - that destroys scores, consumer worthiness and views of accurate information ( Your data as reported is used in High Data Usage/AmountPast Due/Payment History/etc ) 8. The views of this data - are actually quite magical - CLOSED is in the tradelines description, yet - no CLOSED DATE - intentionally confusing consumers on a report most don't even understand today. 9. XXXX - is mandated to send their files/data in Metro2 Format, Attachment2 - from all major CRA 's demanding file/integration standards be of Metro2 Attachment 2 - CRA statements 10. Debt Collectors - are mandated through Metro2 - to send a header/footer and approximately 19 consumer fields ( see attachment 3 - exert from XXXX, know other sources reiterate the same details ) 11. Metro2 - and its usage is defined, and for Debt Collectors - and then Factoring Companies ( Attachment 3 - Tech Specs sample, there are more tech specs available ) - regardless of source, standards of usage of the file/ resulting integration is industry wide - First Name = First Name, Header/Footer Details, Account Name etc. 12. Due diligence Mandated by FCRA - could resolve your technical reporting problems. The FILE SPECS are available - as are the rules. You also have your partnership with the CRA to test your requirements, to build, and as XXXX testing allows in standard XXXX, to ensure your data you send is accurate. Standard TECH QA methodology - would have caught your issues from inception, unless it was acceptable behavior. 13. ALL CRAs have a section/segment for DEBT COLLECTORS 14. Why has yours, and why does your tradelines XXXX - fail to ever show up there? You are NOT a Factoring company. You are sending fields and file attributes, that can not apply to a Debt Collector There are no contracts/agreements with a debt collector for payment on reportable terms You are reporting Monthly Terms Original Creditor has a Field - you are using comments - or nothing at all Original Creditor Acct Number - is XXXX, when it must be retained and available for the consumer and the actual tradeline its reporting from, is never displayed FCRA.DOFD Dates are in fact made up by XXXX - and, worse inaccurate Balance - XXXX fluctuates Balances inside/outside of laws that govern them Terms - there are no such things as TERMS with a DEBT COLLECTOR Accounts have PAY HISTORIES - when they are never allowed, as per metro2 Accounts Rating/BALANCES Histories - when they are never allowed, as per metro2 Pay/Balances/Ratings, although never applicable - are always inaccurate You Reside in the OTHER ACCOUNTS Section/Segment of consumer reports, when its description says for Creditors ONLY Other accounts are those that are not already identified as Revolving, Mortgage or Installment Accounts such as child support obligations or rental agreements You intentionally - DO NOT REPORT in the COLLECTIONS Section of a consumer report - which is dedicated to you use, and its description Collections are accounts with outstanding debt that have been placed by a creditor with a collection agency. Collections stay on your credit report for up to 7 years from the date the account first became past due. They generally have a negative impact on your credit score. Your tradelines lack an ACCOUNT NUMBER Are Used to Calculate DEBT to CREDIT Ratio - when it is impossible to include this debt collection account Leverage a Creditor Classification field - of the alleged Original Creditors relationship - as a Retail Account, Installment Account etc. Description says CLOSED in the HEADER When it is NOT NO DATE CLOSED is supplied - to coincide with your description Original Creditor is WIPED OFF XXXX XXXX - Account Number is WIPED OFF XXXX XXXX XXXX responses are public/XXXX - actually traceable. See attachment = Open Type - This is a summary of issues based on your reporting, and the assertion of a FCRA and FDCPA non compliance on many accounts, many times, and after complaints with the CRAs. This complaint also serves to you - XXXX, as a do not contact, and as allowed by law.
Company Response:
State: NJ
Zip: 07901
Submitted Via: Web
Date Sent: 2021-03-24
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-23
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 in regards to the incorrect items on my credit report. It has been well over XXXX days and I haven't received any investigation results.
Company Response:
State: TX
Zip: 76504
Submitted Via: Web
Date Sent: 2021-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-24
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Midland Credit Management INC at XXXX XXXX XXXX XXXX XXXX # XXXX, XXXX XXXX, CA XXXX has been sending me collection notices in the amount of {$790.00}. The collection has been reported as past due balance. I do not know this company. I have never done any business with this company. This company does not have a contract with my signature.
Company Response:
State: TN
Zip: 38118
Submitted Via: Web
Date Sent: 2021-03-24
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: XX/XX/XXXX Midland Credit Management responded to my complaint to CFPB ( # XXXX ) and falsely stated that : You also express a concern that we have ignored your requests for validation. A review of our records indicates that we have not received your correspondence sent on XX/XX/XXXX via certified mail ; in fact, no correspondence was received directly from you regarding the above-referenced account prior to the complaint filed through the CFPB. '' The Certified mail receipt dated XX/XX/XXXX and the letter which was sent is attached to this complaint. Midland Credit Management , Inc. is in direct violation of 15 U.S.C. 1692e ( 6 ) ( A ) ( B ) by making this claim. XXXX was asked in the certified mailed letter for specific validation documentation and proof that I entered into a contract with MIDLAND CREDIT MANAGEMENT , INC. for an alleged Debt of {$1600.00}. Pursuant 15 U.S.C. 1692 ( c ) ( c ) If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except : 1. to advise the consumer that the debt collectors further efforts are being terminated ; 2. to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor ; or 3. where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy. If such notice from the consumer is made by mail, notification shall be complete upon receipt. Midland Credit Management is in direct violation as they : did not respond in writing. 2. did not respond within the ( 30 ) day period. 3. Continued to furnish invalid information to CRAs. Midland Credit Managements attempt to furnish this information after the fact via CFPB response XX/XX/XXXX is direct violation of15 U.S.C. 1692g ( a ) ( b ). In my complaint I also referred to the harassing phone calls from Midland Credit Management , Inc., in direct violation of 15 U.S.C. 1692d ( 5 ) ( 6 ). Furthermore, MIDLAND CREDIT MANAGEMENT , INC. a debt buyer, stated in its response ; Information provided by the seller, XXXX XXXX XXXX XXXX XXXX XXXX, XXXX, at the time of acquisition indicates this account originated on XX/XX/XXXX, as a XXXX XXXX XXXX XXXX XXXX XXXX, XXXX. XXXX XXXX account number ending in XXXX, in the name of XXXX XXXX, under the last four of the social security number XXXX. The definition of a credit card under 15 U.S.C. 1681 is the same as it is under 15 U.S.C. 1602 ( I ) which is the term credit card means any card, plate, coupon book, or other credit device existing for the purpose of obtaining money, property, labor, or services on credit. Notice congress said ANY card. The credit card is my social security card. This is the credit card I use to originate the consumer credit transaction with XXXX XXXX XXXX. At the time of Midland 's acquisition, I did not owe any debt to XXXX XXXX XXXX. I am the original creditor as XXXX XXXX XXXX gained a loan under my name as can be proven in an audit trail according to GAAP ( 12 USC 1431 ). I refute the debt claim of {$1600.00} made by MIDLAND CREDIT MANAGEMENT , INC. and seek remedy for each violation in the amount of {$6000.00}.
Company Response:
State: TX
Zip: 75013
Submitted Via: Web
Date Sent: 2021-03-23
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-23
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I have tried to dispute this debt as it is not mine as I have no knowledge of it nor did I authorize it and it was opened without my consent and fraudulently. I have requested it be removed XXXX times to no avail and have also frozen my credit so nothing else like this would happen to me again.
Company Response:
State: CA
Zip: 91605
Submitted Via: Web
Date Sent: 2021-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-23
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Notice for Proof of Claim Account : MIDLAND CREDIT MANAGEMENT To Whom it may Concern : This is a this complaint is submitted Under OHIO LAW U.C.C 1319.12 Taking assignment of debts States ( C ) No collection agency shall commence litigation for the collection of an assigned account, bill, or other evidence of indebtedness unless it has taken the assignment in accordance with all of the following requirements : Credit contracts are non-assignable even if the contract has a clause for assign ability because it violates contract Law. Where there is no fair valuable consideration given, the contract or agreement is void ab inito. The debt is non-transferable. If it is a contract for credit or goes to the character of the parties, it can not be transferred or assigned. No state can make a law impairing contracts, Under OHIO LAW U.C.C 1319.12 Taking assignment of debts ( 3 ) The assignment was manifested by a written agreement separate from and in addition to any document intended for the purpose of listing the account, bill, or other evidence of indebtedness with the collection agency. The written agreement shall state the effective date of the assignment and the consideration paid or given, if any, for the assignment and shall expressly authorize the collection agency to refer the assigned account, bill, or other evidence of indebtedness to an attorney admitted to the practice of law in this state for the commencement of litigation. The written agreement also shall disclose that the collection agency may consolidate, for purposes of filing an action, the assigned account, bill, or other evidence of indebtedness with those of other creditors against an individual debtor or co-debtors. Dartmouth College v. Woodward 4 Wheat 518 : White v. Hart, 13 Id 646. Once the Creditor writes off a debt, it can not be assigned or Collected. Since this is an error I demand that you send me the following proofs. As you are obligated to do in accordance with the Fair Debt Collection Practice Act. Section 1692 ( g ) : Under the Law, FDCPA, Section 1692 ( g ), you have XXXX days to supply these proofs, if more time is needed please contact me by certified mail and I will extend you XXXX extra days. I also request to see a certified copy of any contract or agreement between you and the original creditor that gave you the right to collect this debt.
Company Response:
State: OH
Zip: 43227
Submitted Via: Web
Date Sent: 2021-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-23
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: I received court documents in XXXX XXXX about being sued my Midland Credit Management. Although I did live in XXXX XXXX when I originally got that credit card, I have been living in New York since XXXX. My parents called to tell me I am being sued by them two weeks ago. I have called Midland Credit and they give me a different number to call because it is being handled by a " different department ''. I call the number I was given and the lady says I need to call yet another number but she doesnt have access to the number I have to call to work things out. That I should call again another day. I tried calling a second time, and after almost 30 minutes on the phone again, she has no " access '' to the number I need to call about this. I goodle the lawyer that has the case and call the numbers I find, and its disconected. I have a number on court documents and also try calling with no luck. Two weeks have passed and I cant contact anyone to let them know I am not even a resident there anymore. Im afraid of the court date getting closer and having a judge default to XXXX just because they either dont know what they are doing or refuse to do so, and have the court date come up without me there for a debt from XXXX.
Company Response:
State: NY
Zip: 11209
Submitted Via: Web
Date Sent: 2021-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2021-03-23
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I dont know where this debt came from never got a call or letter in the mail. It just popped up on my credit report. I sent a letter stating that I looked their license up to verify if they could collect a debt in Illinois and they couldnt do it so it needed to be removed immediately. Nothing happened
Company Response:
State: IL
Zip: 61820
Submitted Via: Web
Date Sent: 2021-03-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A