Date Received: 2023-10-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: To whom it may concern, This was a charge from years ago and could be even past the point of collection time. However, I had an XXXX XXXX Account through XXXX Bank now owned by XXXX XXXX to the best of my knowledge. I used it for a few years and always paid on time. Then there was a charge on my account for over 300 dollars and was shocked. I had used the card for services but the amount I was told was literally half of that. I immediately called the Credit Card company and told them the charge amount and so they credited me the amount of the over charge. I than paid the amount the was actually agreed to. After their investigation, they decided to put the double charge or overcharge back on. I even connected with XXXX XXXX and they offered me a credit in that amount. I did not make that charge or was over billed and no idea how that amount was able to transact. I know for a fact that I did not sign for that amount. My actual maximum balance I could charge was XXXX that alone was over that amount, how could that charge even go through? I even paid the amount that I actually agreed to pay that resulted in a XXXX balance. I then asked that they close down the account as it still had my maiden name on it as well and could not get them to remove or correct it. I was upset and confused to then receive a bill back for the amount disputed. I wrote to them, I called, I did everything I could do as a consumer to get this taken care of. Meanwhile, they continued to charge fees and late charges and then finally closed it down. Then on top of that and knowing there was an issue sent it to Midland Credit Management. Ive asked them to send me my disputes that I have sent through to the company. All they sent me was a bunch of Terms and Conditions. They tell me via phone that this is all they need to send to me. The charge now they want me to pay is XXXX in charges for a charge that was double the amount agreed to. It has been several years now, and hoping for some guidance on what I can do to resolve this issue if possible. Im hoping maybe if the CFPB looks into this than maybe one of them will be more apt to assist me in resolving this. But because Ive never received anything from the original creditor except statements, Im not sure how I could have even report this to the authorities. I need the evidence of the signatures and how this was able to be charged. Especially a charge over my credit limit and a card not in my legal name. Any help on this would be appreciated.
Company Response:
State: IN
Zip: 46350
Submitted Via: Web
Date Sent: 2023-10-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-01
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: I got my check garnished from d credit card debt that was over 8 years old in va which is past the time they cab take it. And they never provide me information that the debt was mine they took the money before my court date in XXXX
Company Response:
State: VA
Zip: 230XX
Submitted Via: Web
Date Sent: 2023-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-04
Issue: Unauthorized withdrawals or charges
Subissue:
Consumer Complaint: My credit score is poor because this company listed as the factor. I never used them. I contacted them and was told that they dont have me ( my SSN ) in their system. I dont understand why it shows on my credit report that I owe them {$560.00}. Please take this out of my report. I have no delinquencies.
Company Response:
State: NY
Zip: 10801
Submitted Via: Web
Date Sent: 2023-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-04
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: XXXX XXXX XXXX XXXX XXXX, MI XXXX Midland Credit Management XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MI XXXX Account Number : XXXX To Whom It May Concern Midland Credit Management you are furnishing inaccurate and incorrect information to the consumer reporting agencies. The reporting of such inaccurate information has caused severe damage to my character, my reputation my general mode of living and my ability to obtain credit for personal and household purposes. You and your inaccurate reporting have damaged my livelihood. 15 US Code 1681s-2- Responsibilities of Furnishers of Information to consumer Reporting agencies. ( a ) Duty of furnishers of information to provide accurate information ( 1 ) Prohibition ( A ) Reporting information with actual knowledge of errors A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. Duty : a moral or legal obligation ; a responsibility Accurate : correct in all details ; exact PROHIBITION : a law or regulation forbidding something. 15 USC 1681 s-2 Says you Midland Credit Management are a furnisher of Information to a consumer reporting agency. You are PROHIBITED BY LAW Furnish inaccurate information. I demand you to Cease and Desist the reporting of incorrect/inaccurate information immediately. 15 USC 1681 S-2 ( a ) ( 1 ) ( A ) A person shall not furnish any information relating to a consumer to any consumer reporting agency. If the person knows or has reasonable cause to believe that the information is inaccurate. You are hereby put on Notice that you are furnishing incorrect inaccurate information. 15 U.S. Code 1681s-2- ( a ) Duty OF FURNISHERS OF INFORMATION TO PROVIDE ACCURATE INFORMATION 1 ) PROHIBITION B ) Reporting information after notice and confirmation of errors A person shall not furnish information relating to a consumer to any consumer reporting agency if ( i ) the person has been notified by the consumer, at the address specified by the person for such notices, that specific information is inaccurate ; and ( ii ) the information is, in fact, inaccurate. In conclusion I have shown you and you have been put on notice that you are reporting inaccurate information. The continued reporting of this information is a clear violation of the Law 15 USC 1681s-2 of your grave responsibilities as a furnisher of information. You have caused me and my family severe harm due to your negligence and inaccurate reporting. This is a final opportunity to cure and DELETE this erroneous, inaccurate account from my consumer report. You, Midland Credit Management did not gain my written permission to report any information on me to consumer reporting agencies, persons or entities. You have XXXX Calendar Days to Delete this Account from my Consumer Reports! Sincerely, XXXX XXXX
Company Response:
State: MI
Zip: 48210
Submitted Via: Web
Date Sent: 2023-10-04
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-05
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am giving authorization to this company to respond to this cfpb complaint before I proceed with litigation. As a federally protected consumer, this company has violated my consumer rights and has defamed my character by attempting to collect an alleged debt. They also have reported this information to consumer reporting agencies when I have never engaged in an agreement with this company, nor have I given them written, nonwritten, verbal, nonverbal consent to communicate with me both directly and indirectly pursuant to 12 CFR 1006.6 ( b ) ( 4 ) ( i ) and multiple federal laws pursuant to 15 U.S. Code Subchapter V - DEBT COLLECTION PRACTICES. Furthermore, they claim that they are attempting to collect a debt from a purchased contract which violates Uniform Commercial Code 3-203 which states that once a contract has been transferred, you cancel all rights to collect. I have a right to privacy pursuant to the privacy act of 1974, to be more specific 5 U.S.C 552a, and this company did not get my permission to use my social security number which has caused me monetary damages. I could not purchase a home, a new vehicle or further extend my credit as a result of this pursuit. The following are federal laws that have been violated in pursuit of this alleged obligation with a brief explanation on how it was violated. 12 CFR 1006.10 and 15 U.S. Code 1692b - Acquisition of location information. Stating that I owe a debt on consumer report ( s ) and using language that states that the communication relates to the collection of a debt 12 CFR 1006.6 and 15 U.S. Code 1692c - Communications in connection with debt collection. I have already stated the reason above 12 CFR 1006.14 and 15 U.S. Code 1692d - Harassing, oppressive, or abusive conduct. The use of obscene or profane language or language the natural consequence of which is to abuse the hearer or reader. In connection with the collection of any debt, a debt collector must not communicate or attempt to communicate with a person through a medium of communication if the person has requested that the debt collector not use that medium to communicate with the person. 12 CFR 1006.18 and 15 U.S. Code 1692e - False, deceptive, or misleading representations or means. The false representation of the amount of the alleged debt. The threat to take any action that can not legally be taken or that is not intended to be taken. The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer. The false representation or implication that accounts have been turned over to innocent purchasers for value. 12 CFR 1006.22 and 15 U.S. Code 1692f - Unfair or unconscionable means. The collection of any amount ( including any interest, fee, charge, or expense incidental to the principal obligation ) unless such amount is expressly authorized by the agreement creating the debt and I never created an agreement with this company. 12 CFR 1006.34 and 15 U.S. Code 1692g - Notice for validation of debts. Company did not validate the debt and send the entire purchase agreement to me, the consumer. 15 U.S. Code 1692h - Multiple debts. Once the debt is disputed, any and all payments shall apply in accordance with the consumers directions and my directions were to send me back my compensation by mail. 12 CFR 1006.26 and 15 U.S. Code 1692i - Legal actions by debt collectors This subchapter prohibits any authorizations from a debt collector to bring forth legal actions. 12 CFR 1006.38 - Disputes and requests for original-creditor information. UCC 3-203 - TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. I have already stated the reason above. 12 CFR 1022.42 and 12 CFR 1022.43 and 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies. A person shall not furnish any information relating to a consumer to any consumer reporting agency if the person knows or has reasonable cause to believe that the information is inaccurate. 5 U.S. Code 552a - Records maintained on individuals. I have the right to keep my financial life private and I have not given this company any authorization to use my social security number.
Company Response:
State: PA
Zip: 187XX
Submitted Via: Web
Date Sent: 2023-10-05
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-04
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Please find the attached documents. I dispute the debt that Midland Credit Management purchased from XXXX XXXX Bank and assert my rights under the arbitration agreement in the original credit card agreement. As the debt purchaser, Midland is bound by these arbitration terms. While I acknowledge that arbitration can be costly, often exceeding the debt 's value, I'm willing to resolve this matter amicably without the need for arbitration. I want to mention that my personal email was shared with XXXX XXXX for debt collection, despite my request for arbitration. Additionally, Midland has not provided proof of my liability for the alleged debt, which I have no record of creating with them. Their provided statements do not establish ownership or the provision of services or credit.
Company Response:
State: GA
Zip: 30088
Submitted Via: Web
Date Sent: 2023-10-04
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-29
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: I am writing to bring attention to a concerning matter concerning my credit file. I have observed the presence of a collection entry from your agency, which has caught my attention as I was not previously informed about this collection. Furthermore, I hold serious doubts about the accuracy of the debt being claimed. As per the Fair Debt Collection Practices Act, I have the right to request validation of the debt. Thus, I kindly request that you provide me with the required validation and take appropriate actions to address this issue.
Company Response:
State: FL
Zip: 33607
Submitted Via: Web
Date Sent: 2023-09-29
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: Midland Credit Management took me to court and garnished my pay. The WHOLE amount was deducted from my pay and the judge released the writ of garnishment almost a year ago, but Midland continues to report this on my credit report and charging me interest for 1 year after I have paid off the debt.
Company Response:
State: GA
Zip: 30044
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: False statements or representation
Subissue: Impersonated attorney, law enforcement, or government official
Consumer Complaint: First, this is a note for CFPB ; this company was not actually imitating a lawyer or anything like that, there just wasn't an option for anything else. On or about XXXX, XX/XX/2023, I received a phone call from a phone number, XXXX and the Called ID showed up as " XXXX XXXX. '' Now, I answered the phone because I was actually supposed to have a call from a doctor about that time. When I answered the phone, the person asked me to confirm that I was me, but didn't identify themselves. He then said he was going to transfer me over to a provider, and the transfer took all of a second, which seemed a little strange to me and more like they just handed off the phone. The other person then started talking, and at this time, I realized both of them had an XXXX accent, and it seemed a little weird. At this point, I asked who she was and she was with. At this point she identified herself and said she was with Midland Credit Management. This is when I hung up. The Fair Debt Collection Practice Act, specifically, 15 USC 1692e ( 10 ) and 15 USC 1692e ( 14 ), as well as the Arkansa Fair Debt Collection Practice Act, specifically, ACA XXXX ( 10 ) and ACA XXXX ( XXXX ), strictly prohibits debt collection agencies from using any type of deceptive practices to try and collect a debt. Because this call was extremely deceptive in nature, it is believed that Midland Credit Management violated the aforementioned articles of federal and state law. Each law affords a civil liability to the offender in the amount up to {$1000.00} per offense. It will be my intention, if this issue is not addressed by the company with 30 days, to file a claim in court for violations of federal and state law, as well as seek relief for each section violated. 30 days from the time of this filing will be XX/XX/2023. At this point and on this day, XX/XX/2023, I demand that Midland Credit Management cease any and all communication and collection efforts, to include but not limited to ; emails, phone calls, letters, post cards. Any communication, other than response through this filing, or an offer to settle this matter, will deemed as a further violation of the Federal Debt Collection Practice Act and Arkansas Fair Debt Collection Practice Act.
Company Response:
State: AR
Zip: 729XX
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-10-03
Issue: Communication tactics
Subissue: You told them to stop contacting you, but they keep trying
Consumer Complaint: MCM debt collection company has been spam calling my phone from hidden numbers and blocked numbers. Ive asked for proof that the debt is mine and belongs to me which I have yet to receive from the company via email and phone. When they sent their first email I requested to not be contacted any further. Theyve been contacting me via email and phone claiming that I owe over {$600.00} to them from my XXXX card. My card had been used to purchase items that never were successfully delivered to me, therefore I am requesting proof of purchase since all deliveries required signature on delivery. I am willing to pay the fees if the debt can be proven as mine. But I do feel this company MCM and XXXX XXXX bank has been repeatedly harassing me and MCM have even threatened me with various deceptive and false statements such as telling me they would have my wages garnished had I not worked to pay them or came to an agreement with them. MCM was very difficult to work with and come to agreements with .The company continually has violated FDCPA. Their means of communicating and contacting are very abusive, harassing and oppressive. When it was expressed that I was having a difficult time following and understanding the workers were very hostile and rude. They did not politely help me come to an understanding of what was being asked of me. In fact, when I asked questions the workers would get angry. They stated calls were recording so hopefully it can be reviewed for quality purposes.
Company Response:
State: MI
Zip: 48198
Submitted Via: Web
Date Sent: 2023-10-03
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A