Date Received: 2023-09-19
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: On XX/XX/2023 I mailed a Certified Debt Validation Letter to Midland Credit Management company via United States Postal Services which was delivered on XX/XX/2023. I waited 30 days to receive a response from the company ; however, I did not receive a response. I then followed up with an additional Certified Debt Validation Letter on XX/XX/XXXX and it was delivered on XX/XX/XXXX giving Midland Credit Management 15 more days to validate debt. However, we are now passing the 15 day mark with no response from Midland Credit Management. After several attempts to validate this debt, I still have not received any communication and this unknown debt remains on my credit report which is a violation of my rights.
Company Response:
State: IL
Zip: 60605
Submitted Via: Web
Date Sent: 2023-09-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-19
Issue: Incorrect information on your report
Subissue: Information belongs to someone else
Consumer Complaint: XXXX Original creditor MIDLAND CREDIT MANAGEMENT : I received an alert from XXXX regarding this collection earlier this year. This is not my account. I tried resolving and disputing with XXXX but they failed to investigate as well as I tried multiple times to contact MIDLAND CREDIT and they never answer or return my call nor have they even sent me any type of notice or proof that this debt exists. I believe that MIDLAND CREDIT MANAGEMENT is trying to collect on an account that is not mine and XXXX is not doing anything about
Company Response:
State: CA
Zip: 93308
Submitted Via: Web
Date Sent: 2023-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-19
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: I sent this dispute letter to Midland Credit Management. XXXXMIDLAND CREDIT MANAGEMENT XXXX XXXX XXXX XXXX XXXX XXXX California XXXX NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT. Subject : Dispute of Alleged Debt and Request to Cease and Desist Dear Sir/Madam, I am writing to dispute the alleged debt that your company, Midland Credit Management XXXX XXXX attempting to collect from me. It has come to my attention that your company has reported this debt to credit bureaus, and I am deeply concerned that this inaccurate and unjust information XXXX negatively impact my creditworthiness, causing significant harm to my financial standing. I demand, with utmost urgency, that you immediately cease and desist from any further collection attempts, including reporting this alleged debt to credit bureaus. I draw your attention to the Fair Credit Reporting Act ( FCRA ), specifically XXXX XXXX Code XXXX - Definitions ; rules of construction, which lays the foundation for the regulatory framework governing consumer credit reporting. This statute defines critical terms relevant to my case and is fundamental to understanding the rights and responsibilities of both consumers and credit reporting agencies. The term " consumer '' under this statute is defined as an individual, and I, XXXX XXXX, fall squarely within this category. Furthermore, it is crucial to recognize that 15 U.S. Code 1681 - Congressional Findings and Statement of Purpose articulates Congress 's intent when enacting the FCRA. It emphasizes the significance of accuracy and fairness in credit reporting and underscores the importance of maintaining consumer privacy and confidence in the financial system. These congressional findings serve as a guiding principle for interpreting and enforcing the FCRA. Within this context, I insist that your company, as a furnisher of information to consumer reporting agencies, strictly adhere to the FCRA, especially the section that specifically addresses your duties, 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies. This section imposes a duty on furnishers like Midland Credit Management to provide accurate information to consumer reporting agencies. Specifically : Under 15 U.S. Code 1681s2 ( a ) ( 1 ) ( A ), you are prohibited from furnishing any information to consumer reporting agencies if you know or have reasonable cause to believe that the information is inaccurate. Under 15 U.S. Code 1681s2 ( a ) ( 1 ) ( B ), you are prohibited from furnishing information to consumer reporting agencies if you have been notified by the consumer that specific information is inaccurate, and that information is indeed inaccurate. I categorically assert that the alleged debt you are attempting to collect is both inaccurate and unjust, as it has been previously written off by the original creditor in accordance with IRS guidelines. According to IRS regulations, a written-off debt is considered canceled debt and is no longer legally owed. Consequently, I affirm that I owe no debt to your company. In light of these legal obligations and the factual basis of my dispute, I formally request that you provide me with all documentation related to this alleged debt, including but not limited to : A copy of the original signed contract or agreement between myself and your company. Detailed information regarding the debt 's origin, including the original creditor 's information and the date of the debt. Documentation demonstrating that your company possesses the legal authority to collect this alleged debt. Until such time as you can conclusively and unequivocally prove that I owe this debt to your organization and that your collection activities are in strict compliance with all applicable laws and regulations, I insist that you immediately and unconditionally cease and desist from any further collection attempts and the reporting of this alleged debt to credit bureaus. Furthermore, I demand that you promptly rectify any inaccuracies and personal details that you may have reported to credit bureaus without my explicit authorization. These inaccuracies have caused substantial harm to my financial reputation and well-being. Now, I also want to bring your attention to another relevant law, 15 U.S. Code 6802 - Obligations with respect to disclosures of personal information, which pertains to the obligations of financial institutions when disclosing nonpublic personal information. While this law primarily applies to financial institutions, it underscores the importance of protecting consumer information and maintaining accuracy, which are core principles of the FCRA as well. Please be aware that my rights under the FCRA are not to be taken lightly. Failure to comply with this formal dispute and cease-and-desist request may result in serious legal consequences, including potential legal action on my part to safeguard my rights under the FCRA and other relevant consumer protection laws. I am fully prepared to exercise all legal avenues at my disposal to protect my interests. This letter serves as formal notice to your agency of my dispute and demands, and you are hereby put on notice of my intent to enforce my rights under the FCRA, 15 U.S. Code 6802, and other applicable laws. I expect a comprehensive written response to this dispute within 30 days of your receipt of this letter. Your prompt attention to this matter is not only expected but imperative. The inaccuracies in question have already caused undue harm to my credit profile, and it is imperative that they are rectified promptly. -- - I sent this letter last week on the 15 of September but I heard nothing back yet because of course it's a mailed letter. I also, sent digital disputes using credit karma TransUnion, Equifax, and Experian. Experian removed this account immediately due to it being unverifiable and by not giving any permissible purpose Under 15 US code 1681b permissible purposes of consumer reports. Transunion I sent a dispute on credit karma. Transunion tells me the account is verified and I'm trying to figure out how. How are they verifying it? Did they get my signature from that company saying I give access to my consumer report? Or are they just saying verified? All credit accounts are insured before the lender gives out credit. Once a lender writes off the the balance for tax purposes and the account states it is " written off '' you no longer legally have to pay that debt under IRS provisions and regulations once a debt is written off it is considered a canceled debt per the IRS. So I'm trying to figure out what debt are they collecting if there is no debt. How much did they pay for the alleged debt? How much did they pay for my private information? I never gave explicit authorization for Midland Credit Agency to access my consumer report. Furthermore, 15 US Code 1681a defines crucial terms relevant to my case. It introduces the term " Exclusions '' which signifies that certain categories of information are not to be included within a consumer report. Notably, exclusions refer to information excluded from the definition of a consumer report and this definition es essential to understanding the limits and scope of the information that may be reported to consumer reporting agencies. Furthermore, the practice of reporting debt when there is none is perplexing. Paragraph 4 of this statute states that the term " consumer report '' does not include a " report containing information solely as to transactions or experiences between the consumer and the person making the report. So why are Midland Credit Management XXXX XXXX XXXX XXXX XXXX ) reporting information Soley as to transactions and experiences ( Debt ) on my consumer report without my authorization? Under 15 U.S. Code 6802 ( b ) related to the opt-out provision, it is important to note that a financial institution like Comenity Capital Bank ( where Midland Credit Management allegedly bought the debt ) may not disclose non-public personal information to a non-affiliated third party, such as credit reporting agencies like Debt Collection Agencies, XXXX, XXXX, and XXXX, unless they clearly and conspicuously disclose to the consumer in writing or in electronic form or other form permitted by the regulations prescribed under section 6804 of this title that such information may be disclosed to such third party. Additionally, the consumer is given the opportunity before the time that such information is not disclosed to such third party and the consumer is given an explanation of how to exercise that non-disclosure option. I want to emphasize that under 15 U.S. Code 6802, I was never given an explanation of how the consumer can exercise that non-disclosure option. The original creditor says there is no debt so again what they are trying to collect and who gave them explicit authorization to write, create, say, or publish anything on my consumer report. This now deems the report inaccurate and a violation of consumer protection laws and consumer privacy.
Company Response:
State: TX
Zip: 76119
Submitted Via: Web
Date Sent: 2023-09-19
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-19
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: When I went to check my consumer report I noticed There were accounts that I had no knowledge of the accounts were MIDLAND CREDIT MANAGEMEN and XXXX XXXX XXXX. I have never done any business with these companies.
Company Response:
State: PA
Zip: 19143
Submitted Via: Web
Date Sent: 2023-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-20
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: A credit card was opened without my knowledge, I submitted a complaint before but i was told to file another another one.
Company Response:
State: GA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-20
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-19
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I just received a paper about a judgement in the mail, I did not get a court notice but when I looked online this card is over XXXX years old, its almost XXXX years old so I should have never even been taken to court cause its illegal in the state of PA to sue somebody over a debt thats XXXX years old. Also, this credit card which would be XXXX or XXXX was never even used by me. Also, I get a paper in the mail every few days, it needs to stop.
Company Response:
State: PA
Zip: 153XX
Submitted Via: Web
Date Sent: 2023-10-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-19
Issue: False statements or representation
Subissue: Indicated you were committing crime by not paying debt
Consumer Complaint: Someone open an account with my information without my permission, I didnt check my emails for a long time, once I noticed that debt I tried to fixed it, changed my password but it was too late. This was around 2018 been trying to fix it for a while now, trying to get rid of a debt I didnt acquire, I dont think its fair to pay a debt its not mine.
Company Response:
State: AZ
Zip: 85392
Submitted Via: Web
Date Sent: 2023-09-19
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-18
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I had requested documents from the bureaus!! I have been ignored multiple time!!
Company Response:
State: TX
Zip: 78541
Submitted Via: Web
Date Sent: 2023-09-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-18
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I have requested documents from the bureaus and I have been ignored!!
Company Response:
State: TX
Zip: 78541
Submitted Via: Web
Date Sent: 2023-09-18
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-18
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: MIDLAND CREDIT MANAGEMEN has been calling me, emailing me and sending letters to my address trying to collect on a debt that does not belong to me MIDLAND CREDIT MANAGEMEN has called and threathen me to garnish my pay check and to continue reporting information on my credit report that does not belong to me
Company Response:
State: MI
Zip: 48235
Submitted Via: Web
Date Sent: 2023-09-18
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A