Date Received: 2020-06-03
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Midland is reporting in my credit file however it is inaccurate because it was said to be late, yet all the payments are OK. I do not think that this is mine. I did my research on what to do because it is affecting my scores to badly, I asked for documents, disclosure and where did the account come from but they failed to provide me, so I came online and researched. The plaintiff is asking the same thing that I wanted and at the end of it all the plaintiff won this case. I am talking about the Texas VS Midland Funding Case. I have learned that Midland claims to have a disclosure and an agreement that there is a Consumer Agreement for all who they are collecting from. I guarantee you that there is no such thing that I have agreed upon to.
Company Response:
State: MA
Zip: 02302
Submitted Via: Web
Date Sent: 2020-06-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-03
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: A company called Asset Acceptance contacted me about a very old ( 15+ years ) credit card debt from my XXXX XXXX Credit Card . In 2005, XXXX took XXXX out of my checking account and I was under that impression that this money settled the debt. I just recently got rid of all of the old paperwork that I had concerning this debt. I am not sure what to do at this point and would like for this to be resolved and for this company to leave me alone.
Company Response:
State: FL
Zip: XXXXX
Submitted Via: Web
Date Sent: 2020-06-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-02
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: My understanding is that the Metro 2 Format is the industry standard for reporting accurate, complete, and timely information and that The data should be reported according to the specified definitions in order to process credit information correctly. You are in non-compliance by not reporting Base Segment Field 25 Date of First Delinquency ( DOFD ) and this is an account placed for collection. You report XX/XX/2017 ( The Open date that you took over the account ) but failed to report the Date of first Delinquency. The purge date is not the same as the Date of First delinquency, it is an estimation based on the Date of First Delinquency. Accounts placed for collection or charged to profit, and loss generally may not be included in consumer reports after seven years, as afterwards the information is considered obsolete. The seven-year period begins either 180 days after the first missed payment or when the account is placed for collection or charged to profit and loss. Unless informed by the creditor or other furnisher about a delinquency, a CRA has no way of knowing when the delinquency commenced and therefore when the information must be eliminated from reports as obsolete. Thus, the FCRA mandates that any person who provides information about a delinquent account placed for collection or written off must also inform the CRA when the delinquency commenced. This noncompliance occurs even though the FCRA specifies that the date of delinquency for an account placed for collection must be a date that immediately preceded the placement. It also occurs even though the Metro 2 Format requires debt collectors to use the date of delinquency from the original creditor and instructs debt collectors who do not know the date of first delinquency with the original creditor to use the earlier date for when the account was opened by the creditor. 15 U.S.C. 1681s-2 ( a ) ( 5 ) ; FTC Staff Summary 605 ( a ) ( 4 ) item 1, 605 ( c ) item 1, and 605 ( c ) item 3, reproduced at Appx. D [ 2 ], infra. See also FTC Staff Summary 623 ( a ) ( 5 ) ( A ) item 2 ( Furnishers of consumer information to CRAs must provide the month and year of the commencement of the delinquency that immediately preceded placement for collection, charge to profit or loss, or similar action. They may not substitute an alternate, later date such as a paid-to-date denoting the due date of the last paid periodic installment. The month and year of the commencement of the delinquency that immediately preceded the charge-off is the month the first payment was missed, regardless of how long after delinquency the creditor waits to report the charge-off to the CRA. ). The information that you have furnished to the Consumer Reporting Agencies are in violation of the following : FCRA 1681i ( 5 ) ( A ) ( i ) ( ii ) : ( 5 ) Treatment of inaccurate or unverifiable information ( A ) In general, If, after any reinvestigation under paragraph ( 1 ) of any information disputed by a consumer, an item of the information is found to be inaccurate or incomplete or can not be verified, the consumer reporting agency shall ( i ) promptly delete that item of information from the file of the consumer, or modify that item of information, as appropriate, based on the results of the reinvestigation ; and ( ii ) promptly notify the furnisher of that information that the information has been modified or deleted from the file of the consumer. And, 15 U.S.C. 1681s-2 ( a ) ( 5 ) 623 ( a ) ( 5 ) ( A ) item 2 ( Furnishers of consumer information to CRAs must provide the month and year of the commencement of the delinquency that immediately preceded placement for collection, charge to profit or loss, or similar action. They may not substitute an alternate, later date such as a paid-to-date denoting the due date of the last paid periodic installment. The month and year of the commencement of the delinquency that immediately preceded the charge-off is the month the first payment was missed, regardless of how long after delinquency the creditor waits to report the charge-off to the CRA. ). 5 ) Duty to provide notice of delinquency of accounts ( A ) In general A person who furnishes information to a consumer reporting agency regarding a delinquent account being placed for collection, charged to profit or loss, or subjected to any similar action shall, not later than 90 days after furnishing the information, notify the agency of the date of delinquency on the account, which shall be the month and year of the commencement of the delinquency on the account that immediately preceded the action. ( B ) Rule of constructionFor purposes of this paragraph only, and provided that the consumer does not dispute the information, a person that furnishes information on a delinquent account that is placed for collection, charged for profit or loss, or subjected to any similar action, complies with this paragraph, if ( i ) the person reports the same date of delinquency as that provided by the creditor to which the account was owed at the time at which the commencement of the delinquency occurred, if the creditor previously reported that date of delinquency to a consumer reporting agency ; ( ii ) the creditor did not previously report the date of delinquency to a consumer reporting agency, and the person establishes and follows reasonable procedures to obtain the date of delinquency from the creditor or another reliable source and reports that date to a consumer reporting agency as the date of delinquency ; or ( iii ) the creditor did not previously report the date of delinquency to a consumer reporting agency and the date of delinquency can not be reasonably obtained as provided in clause ( ii ), the person establishes and follows reasonable procedures to ensure the date reported as the date of delinquency precedes the date on which the account is placed for collection, charged to profit or loss, or subjected to any similar action, and reports such date to the credit reporting agency.
Company Response:
State: CA
Zip: 92021
Submitted Via: Web
Date Sent: 2020-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-02
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: Midland Credit Management agreed to remove an account from my credit reports in XX/XX/2020. The old XXXX tradeline has yet to be removed from my reports.
Company Response:
State: MI
Zip: 482XX
Submitted Via: Web
Date Sent: 2020-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-06-02
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Midland is reporting in my credit file however it is inaccurate because it was said to be late, yet all the payments are OK. I do not think that this is mine. I did my research on what to do because it is affecting my scores to badly, I asked for documents, disclosure and where did the account come from but they failed to provide me, so I came online and researched. The plaintiff is asking the same thing that I wanted and at the end of it all the plaintiff won this case. I am talking about the Texas VS Midland Funding Case. I have learned that Midland claims to have a disclosure and an agreement that there is a Consumer Agreement for all who they are collecting from. I guarantee you that there is no such thing that I have agreed upon to.
Company Response:
State: MA
Zip: 02127
Submitted Via: Web
Date Sent: 2020-06-02
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-29
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Difficulty submitting a dispute or getting information about a dispute over the phone
Consumer Complaint: Received background information results and found out XXXX XXXX said I owed {$420.00} which I paid and the account was clear as of XXXX, As of XXXX It still showed as a risk as this was supposed to be cleared without hitting my credit report again. All three bureau agencies report different outcomes. I have no open accounts or debts besides the XXXX card. I am trying to get my scores up to get my personal vehicle changed over into my name as well as my current house. Please help me with this issue. XXXX XXXX XXXX XXXX XXXX
Company Response:
State: SC
Zip: 29485
Submitted Via: Web
Date Sent: 2020-05-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-29
Issue: Problem with a credit reporting company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: I recently submitted back towards the end of XX/XX/2020 early XX/XX/2020 a Identity theft affidavit ( # XXXX ) ( to XXXX, XXXX, and XXXX who was also included along with the affidavit ; a copy of my drivers license, social security card, and a recent copy of a utility bill. The Affidavit included specific detailed information relating to fraud related accounts due to identity theft which were XXXX XXXX # XXXX, XXXX XXXX # XXXX, XXXX # XXXX, XXXX XXXX # XXXX, XXXX XXXX # XXXX, XXXX # XXXX, XXXX XXXX, XXXX XXXX # XXXX, and XXXX. XXXX and XXXX both failed to adhere to section 605b of blocking fraudulent information after being notified within 4 business days by a consumer. In addition XXXX failed to investigate my dispute by responding with report # XXXX for XX/XX/20 stating they are declining my request and would require a copy of an identity theft report, drivers license, and social security card which is THE SAME INFORMATION THAT I SENT TO XXXX WITH BOTH OF MY INITAL DISPUTES. This clearly violates section 609 and 611 of the Fair Credit Reporting Act and is a deliberate refusal to honor my request. Yet it has beyond 30 days and these fraudulent accounts still remain on my credit file which is against the FCRA guidelines. Due to the numerous violations these fraudulent related accounts should be removed immediately from my credit report from collectors as well as the bureaus.
Company Response:
State: AR
Zip: 72223
Submitted Via: Web
Date Sent: 2020-05-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-28
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Theres a collection account that isnt mine reporting to my credit report from Midland Funding , LLC, a company owned by Encore Capital Group. The open balance says : {$1000.00}. Original creditor listed : 01 XXXX XXXX. I sent a validation letter to Midland Funding LLC. It was received by them on : XX/XX/XXXX ( view evidence ). As of XX/XX/XXXX my alleged debt to Midland Funding still has not been properly validated. This is my right granted under the Fair Debt Collection Practices ACT ( FDCPA ). They continue to report an unvalidated account on my credit report. Midland Funding LLC. has violated the FCRA by not providing a contract with my signature on it, in regards to this debt. I filed disputes with the credit bureaus. Midland Funding LLC reported they have investigated & validated the debt. Yet they have not been able to provide me with a true copy contract or other instrument bearing my signature to validate debt. Every attempt I have made to obtain the requested documents have failed. Theres no validation. This has to be deleted. All references to this account must be deleted & completely removed from my credit report. A copy of such deletion ( to all : XXXX, XXXX, & XXXX ) requests shall be sent to me immediately. -- -- -- -- -- -- -- -- -- -- -- -- - In addition, Midland Funding LLC has had action & lawsuits taken against them for using deceptive tactics to collect bad debts : Midland Funding LLC had a judgement against them VS State of Texas for not acquiring consumer agreements and not providing them per alleged debtors request. I have requested a consumer agreement and have not been provided a copy of the agreement. This is against my federal rights to have incorrect unvalidated accounts reporting on my credit report. Midland Funding, LLC are facing a lawsuit out of Florida federal court that claims the companies used deceptive, misleading and unfair debt collection practices when trying to collect on a woman 's time-barred debt. Midland has a poor track record in regards to its collection tactics, which have resulted in fines from the United States Government and from individual states. Encore Capital Group , Inc. and Midland Funding , LLC, resolved a probe that alleged the companies collected money without verifying the money was actually owed. Reached settlement with 41 states The CFPB found that Encore attempted to collect debts that they knew, or should have known, were inaccurate or could not legally be enforced based on contractual disclaimers, past practices of debt sellers, or consumer disputes. The companies didnt have the intent to prove many of the debts ( XXXX XXXX. XXXX ). Their illegal actions have caused consumer 's credit files to be tainted with negative remarks, including myself.
Company Response:
State: FL
Zip: 33144
Submitted Via: Web
Date Sent: 2020-05-29
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-28
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: Hello, I have made a total of ( 4 ) attempts to reach out to a Collection Agency name Midland Credit Management about a claim / debt they say I owe. All of my requests for Validation letters to show proof of debt owed along with my legalized signature has not been met. I received ( 1 ) response letter dated XX/XX/20 informing me that the debt owed was confirmed by original creditor and they sent a bootleg looking statement ( will be attached down below for reference ). No other information was provided me as per my request. I received a 2nd letter notifying me that during their investigation with the original creditor ; which could take up to 90 days they would notify all ( 3 ) reporting agencies to delete the collection ( this has not been done ) - letter was dated XXXX. These were the only two responses received back from Midland Credit Management. I requested for them to send me proof of signature or anything binding me to the debt they say I owe ( only received half of a statement with no pertinent details ). According to their notes this account was charged off on XXXX. Thank you!!
Company Response:
State: FL
Zip: 33579
Submitted Via: Web
Date Sent: 2020-05-28
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2020-05-28
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX FL XXXX XXXX XXXX. XXXX XXXX XXXX, GA XXXX -or- XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX -or- XXXX Fraud Victim Assistance Department XXXX XXXXXXXX XXXX XXXX, PA XXXX Dear Sir or Madam : I am a victim of identity theft. The information listed below, which appears on my credit report, does not relate to any transaction ( s ) that I have made. It is the result of identity theft. Accounts : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX MIDLAND CREDIT MANAGEMENT XXXX XXXX XXXX XXXX Please block this information from my credit report, pursuant to section 605B of the Fair Credit Reporting Act, and send the required notifications to all furnishers of this information. Enclosed are the following : A copy of my credit report I received from your company. The fraudulent items are circled. A copy of my Identity Theft Report and proof of my identityA copy of section 605B of the Fair Credit Reporting Act, which requires you to block the fraudulent information on my credit report resulting from identity theft within four business days and to promptly notify the furnisher ( s ) of that information. I appreciate your prompt attention to this matter, and await your reply. Sincerely, XXXX XXXX Enclosures : Identity Theft Report Proof of identity : Copy of Credit Report Fair Credit Reporting Act Section 605B [ PDF ]
Company Response:
State: FL
Zip: 33467
Submitted Via: Web
Date Sent: 2020-05-28
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A