Date Received: 2020-12-09
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: On XX/XX/2020, I was contacted by Midland Credit Management, a debt buyer, whose address is XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX XXXX, CA, XXXX about a credit card account that I had not used for 5 years. I never received a validation notice so I asked for a copy of the billing charges, payments and any fees that have been added. I was transferred to a manager who informed me that he could not provide that information to me. I told him that under the FDCPA I was entitled to that information and he wanted to know why I wanted it. I told him because I wanted to look at the dates of the charges, payments, and fees so I could validate the amount he said I owed. He started reading to me information & I again requested an itemized statement of all charges. He said he was looking at my statement and he was telling me what the charges were. I then asked if he was looking at the statement, then why couldnt he send me one? He refused again. He threatened to " take this to the next level '' and I said that I had not received any written notification of the account being placed with him before getting a telephone call just 3 days earlier. He then threatened or implied he was about to sue me so I told him I would have my attorney contact him. The statute of limitations in Mississippi is 3 years on any contract or debt. This was on Monday ... today is two days later..Wednesday, XX/XX/XXXX. Today I received a 2nd day air XXXX envelope with a " pre-legal '' notification with a demand that I pay in full by XX/XX/XXXX or they " XXXX '' proceed with forwarding this account to an attorney. What reeks of hyprocrisy is that this letter states that " These payment opportunities do not alter or amend your validation rights as described in our previous letter to you ''. I never received any notification but I did request a copy of the charges for validation and was turned down. I intend on pursuing FDCPA violations against this company as soon as possible.
Company Response:
State: MS
Zip: 39401
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-09
Issue: Communication tactics
Subissue: Used obscene, profane, or other abusive language
Consumer Complaint: The problem that Im having with XXXX XXXX XXXX is that my I called to try to solve my debt with them, we spoke about a settlement and they offered me a {$1300.00} offer, at the moment I didnt have the funds and even when the representative pushed me to postdate a payment, I couldn't do that because I can schedule a payment if I dont have the money. The representative ended the call telling me I can call before the end of the month if I get the funds. Same month and once I got enough money to pay the settlement, I called them to take the settlement offer but this time I found they raise the offer to {$1700.00}. I was in shock and I asked why they do that, they just said the offers should be taken in the same call, even when the previous representative told me the offer would be good until the end of the month, I had to decline in the new offer because I dont have the extra money they are asking for and again the representative told me I can put the money I have as down payment and then pay the rest of the full debt in small payments. I even went over my limit of what I could afford including founds from family members to try to solve this but they still say that is still not enough to satisfy them I am afraid that if I get the money, they are asking now they and call to pay they will ask for more and more every call. This practice is unacceptable and the government should be aware the unfair practices of this debt buyers.
Company Response:
State: CA
Zip: 93304
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-09
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: On XX/XX/2020 I was served with a Civil Summons under file # XXXX in the state of North Carolina XXXX County by Plaintiff MIDLAND FUNDING LLC c/o XXXX XXXX XXXX XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX, XXXX NC XXXX for an old XXXX XXXX account that was purchased by Midland Funding LLC. I was never notified of the sale of the debt between Midland Funding LLC and XXXX XXXX and now Midland Funding LLC has threatened to sue me and place a judgement on the account on my public record file. I am a NC commissioned insurance agent and must report all civil or criminal issues to the Insurance Commision and can loose my license over this matter. I went to XXXX Co courthouse to file a answer to compliant on XX/XX/2020 and request further information and full disclosure of all transactions on the account. I reached out to the law offices of XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX at ( XXXX ) XXXX to attempt to get a settlement agreement and was told that they offer no agreements and if I still make payment they still will be place a 10 year judgement on my public record. I spoke with a supervisor XXXX and was advised that even if I do settle I must sign their consent form that allows their law office to place a 10 year judgement on my records. This should be against the law somehow. I contacted other debit collectors and have never had this situation happen before. I am try to refinance my home and as a new agent I haven't been able to gain full time employment during the pandemic. Now I'm faced with charges on my public record and unable to refinance due to this issue with this lender. Please help me I am now awaiting a court date since I am choosing to go to court to see a judge regarding this issue.
Company Response:
State: NC
Zip: 28214
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-09
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: In XX/XX/2019 I had a {$150.00} XXXX XXXX Credit Card Account Closed with a Balance of {$270.00} at which point I had made arrangements and made Payments to pay the Balance owed in which it reflects on my Credit Report that the last Payment was made on XX/XX/2019 I don't have the records but I know I paid all but about {$50.00} of this entire debt. which shows as a {$0.00} Balance on my Credit Report. However, In XX/XX/2019 XXXX XXXX sold the Debt. to Midland Credit Management. Since MCM has purchased the Debt they have contacted me multiple time by phone and mail. They continue to say I owe the entire {$270.00} and I have disputed this and have been unable to resolve it but simply the fact the Debt shows a last payment 3 Months and 3 weeks after the account was closed makes it more than obvious enough that I paid the Debt after the account was Closed. In all fairness I truly believe that Midland Credit Management should be fined the {$1000.00} for continuously Violating my rights under the Fair Debt Collection act. Plus everything about the Debt and or account be removed from all three reporting agencies. I would expect with the fine money a letter saying they are sorry for trying to collect a Debt I have previously settled before they purchased a Non existent Debt.
Company Response:
State: TX
Zip: 77015
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-09
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I checked my credit report and notice accounts that not mines. i been a victim of identity fraud in the past. I provided 2 copies of my ID to prove my identity.
Company Response:
State: PA
Zip: 19082
Submitted Via: Web
Date Sent: 2020-12-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-08
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Midland Credit Management took me to court for a debt that did not belong to me. On XX/XX/2019, a XXXX XXXX dismissed the case. However, Midland Credit Management is still reporting the debt to the credit bureaus saying that I owe it and it is still in collection. I disputed the entry and Midland refuses to remove it saying that the account is still open and that I owe the debt.
Company Response:
State: GA
Zip: 30135
Submitted Via: Web
Date Sent: 2020-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-08
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: I have no idea what theyre trying to collect but they call from multiple different numbers a day even after I told them to stop calling this number. Theyve also reported an account thats affecting my credit multiple times. Ive had it removed once and now it happened again.
Company Response:
State: CA
Zip: 94565
Submitted Via: Web
Date Sent: 2020-12-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-08
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: On XXXX XXXX, XXXX, MIDLAND FUNDING LCC add a derogatory marks on my credit reports per XXXX, XXXX and XXXX. Upon further research, this account was transferred/sold and I am no longer responsible for it. Debtors creditors did not verify this collection. Also there was no written form of communication, contract or signature for this account debt at all. A bill without signature does not validate the debt and anybody can send a bill and say it is mine. According to the FCRA MIDLAND FUNDING LCC has violated my rights as a consumer and I requesting legal action to remove this account immediately.
Company Response:
State: OH
Zip: 44129
Submitted Via: Web
Date Sent: 2020-12-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-08
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Midland Credit Management sent letters to wrong address so I was unaware they were contacting me. I sent them a debt validation letter on XX/XX/20 I forgot to send it certified. I sent a certified letter on XX/XX/20. It has been 30 days and I haven't received validation of the debt. I received a letter last week that demanded I contact them by XX/XX/20 and demanding payment or they are going to take legal action against me. I have already contacted them with the 2 validation letters and they have not sent me any proof that the debt is mine or that I owe them.
Company Response:
State: MI
Zip: 49418
Submitted Via: Web
Date Sent: 2020-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-12-08
Issue: False statements or representation
Subissue: Attempted to collect wrong amount
Consumer Complaint: XXXX XXXX XXXX XXXX. Purchased my debt from midland credit on an account originally held by XXXX XXXX. I started communications with them in XX/XX/XXXX. I arranged with one of their representatives, XXXX XXXX, on XX/XX/XXXX and arranged to make a down payment of {$580.00} on XX/XX/XXXX, then monthly payments of {$220.00} on the XXXX of each month until the debt is satisfied. XXXXXXXX XXXX has deducted the down payment and each monthly payment since that arrangement was made. I have not defaulted and am current on our arranged payment schedule. On XX/XX/XXXX I was served a civil action for the full amount originally due. The lawsuit was filed on XX/XX/XXXX, after I had arranged a payment plan. I have called XXXX three times since I was served. I have left messages regarding the lawsuit. I was told by XXXX, representative, XXXX XXXX, that XXXX XXXX has to contact me before they can do anything. That was on XX/XX/XXXX. It is now XX/XX/XXXX. I feel that XXXX is harassing me and violating the Fair Debt Collection Act by arranging a settlement then suing me for the full amount.
Company Response:
State: GA
Zip: 31525
Submitted Via: Web
Date Sent: 2020-12-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A