Date Received: 2023-09-11
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I called Midland Credit Management to ask for validation of the debt, several times. I have also tried disputing this. The company states, I was an authorized user and this was sent to the fraud dept. I received no calls, letters, or notices on validation of this account. I am requesting this be immediately removed from my Credit Reports, I also signed no contract with XXXX XXXX XXXX or Midland credit. Midland credit has not provided a original contract like I asked.
Company Response:
State: OK
Zip: 74801
Submitted Via: Web
Date Sent: 2023-09-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-11
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: Midland Funding called a few times am a credit card account opened in my name.. I expressed I have no knowledge about this card.. After a while I noticed this account on my credit report and called and again let them know this is not mine. But since the amount was not big and this account is weighing on my credit report, I offered a settled for a removal.. Midland Funding declined numerous times.. I was informed that I could make a complaint, so I decided to do so. I also report them to the FTC.
Company Response:
State: AL
Zip: 36695
Submitted Via: Web
Date Sent: 2023-09-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-09
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: UCC1-308 ALL RIGHTS RESERVED NON-WAIVED MIDLAND CREDIT MANAGEMENT WAS NOTIFIED BY A CEASE AND DESIST DATED XX/XX/2023. XX/XX/2023, LOOKING AT MY MOST RECENT CREDIT REPORT, MCM HAS VIOLATED THE CESE AND DESIST. THIS IS NOW SUBJECT TO LEGAL ACTION. NOT ONLY THIS HAS HAPPENED, WHO IS THIS COMPANY AND WHO ARE YOU REPRESENTING BECAUSE I HAVE NEVER HEARD OF YOU. ITHIS IS AGGRAVATED IDENTITY THEFT TO THE HIGHEST EXTENT BECUSE THIS ACCOUNT DOES NOT BELONG TO ME. MIDLAND CREDIT MANAGEMENT HAS COMMITTED SERIOUS VIOLATION ( S ) WHEN IT PERTAINS TO MY CONSUMER RIGHTS. MCM IS IN VIOLATION IS IN VIOLATION OF : 1.5.15 US Code 1692 C - COMMUNICATION IN CONNECTION WITH DEBT COLLECTION 2.15 US Code 1692 G - VIOLATION OF REPORTING A COLLECTION 3.15 US Code 1601- CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE 4.15 US Code 1681b ( a ) ( 1 ) ( 2 ) - PERMISSIBLE PURPOSE ( I DID NOT AUTHORIZE YOU OR ANY COMPANY PERMISSION TO REPORT ON ANY REPORT ) 5. 18 USC 1028- AGGRAVATED THEFT 6. 15 USC 1692 e ( 8 ) - FALSE OR MISLEADING REPRESENTATIONS 7. 15 USC 1601- TRUTH AND LENDING ACT MCM ALSO VIOLATED A CEASE AND DESIST ORDER ( CEASE AND DESIST SENT XXXX ) EVERY VIOLATION THAT HAS BEEN COMMITTED, I WILL BE SEEKING {$20000.00} PER VIOLATION. YOU HAVE 3 DAYS TO RESPOND AND REMOVE OFF OF MY CREDIT REPORT ( S ). UCC1-308 ALL RIGHTS RESERVED NON-WAIVED
Company Response:
State: SC
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-09
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: I purchased a used refrigerator from an used appliance store. The refrigerator stopped working 1 month after XXXX financed it. Now Midland Management has purchased the debt and suing me in court for double the amount and not the full contract for review.
Company Response:
State: TX
Zip: 75159
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-09
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: They contacted me by phone, XXXX. Tried to scare me that they worked garnish wages, take our assets, go to jail, be sued. Then after I asked them not to call anymore, it email, I sent them a crease and desist in contacting me, along with my spouse, as it was starting to become a harassment, multiple calls and multiple people staying they would do all the above even after i told them we don't have it. They kept contacting me. I tired to work with the prior credit card company but we just didn't have it with XXXX and 1 person working, even with the hardship. Then with the debt collector i tried to tell them the same thing. But they didn't want to work it out, they wanted it all. They called many of multiple times. And our home. I don't have specific days but I'm sure that we could get at & t wireless to give us a copy of our call list and you'll be able to see all their calls. They are taking us to a court mediation. But I've got proof that I sent them a fax to cease and desist calling or contacting, and sent them a debt validation letter that went past the 20 days of response.
Company Response:
State: FL
Zip: 32927
Submitted Via: Web
Date Sent: 2023-09-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This company has violated my consumer rights and has defamed my character by attempting to collect an alleged debt and reporting it to consumer reporting agencies. I did not give this company my information nor authorization to use my information. The following are the federal laws that they broke. 3-203. TRANSFER OF INSTRUMENT ; RIGHTS ACQUIRED BY TRANSFER. Primary tabs ( a ) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument. ( b ) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee can not acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument. ( c ) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. ( d ) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this Article and has only the rights of a partial assignee 1006.34 Notice for validation of debts. ( c ) Validation information. Pursuant to paragraph ( a ) ( 1 ) of this section, a debt collector must provide the following validation information. ( 1 ) Debt collector communication disclosure. The statement required by 1006.18 ( e ). ( 2 ) Information about the debt. Except as provided in paragraph ( c ) ( 5 ) of this section : ( i ) The debt collector 's name and the mailing address at which the debt collector accepts disputes and requests for original-creditor information. ( ii ) The consumer 's name and mailing address. ( iii ) If the debt collector is collecting a debt related to a consumer financial product or service as defined in 1006.2 ( f ), the name of the creditor to whom the debt was owed on the itemization date. ( iv ) The account number, if any, associated with the debt on the itemization date, or a truncated version of that number. ( v ) The name of the creditor to whom the debt currently is owed. ( vi ) The itemization date. ( vii ) The amount of the debt on the itemization date. ( viii ) An itemization of the current amount of the debt reflecting interest, fees, payments, and credits since the itemization date. A debt collector may disclose the itemization on a separate page provided in the same communication with a validation notice, if the debt collector includes on the validation notice, where the itemization would have appeared, a statement referring to that separate page. ( ix ) The current amount of the debt. 1006.14 Harassing, oppressive, or abusive conduct. ( a ) In general. A debt collector must not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( h ) of this section. ( b ) Repeated or continuous telephone calls or telephone conversations ( 1 ) In general. In connection with the collection of a debt, a debt collector must not place telephone calls or engage any person in telephone conversation repeatedly or continuously with intent to annoy, abuse, or harass any person at the called number. 1006.18 False, deceptive, or misleading representations or means. ( a ) In general. A debt collector must not use any false, deceptive, or misleading representation or means in connection with the collection of any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( d ) of this section. ( b ) False, deceptive, or misleading representations. ( 1 ) A debt collector must not falsely represent or imply that : ( i ) The debt collector is vouched for, bonded by, or affiliated with the United States or any State, including through the use of any badge, uniform, or facsimile thereof. ( ii ) The debt collector operates or is employed by a consumer reporting agency, as defined by section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ). ( iii ) Any individual is an attorney or that any communication is from an attorney. ( iv ) The consumer committed any crime or other conduct in order to disgrace the consumer. ( v ) A sale, referral, or other transfer of any interest in a debt causes or will cause the consumer to : ( A ) Lose any claim or defense to payment of the debt ; or ( B ) Become subject to any practice prohibited by this part. ( vi ) Accounts have been turned over to innocent purchasers for value. ( vii ) Documents are legal process. ( viii ) Documents are not legal process forms or do not require action by the consumer. ( 2 ) A debt collector must not falsely represent : ( i ) The character, amount, or legal status of any debt. ( ii ) Any services rendered, or compensation that may be lawfully received, by any debt collector for the collection of a debt. 1006.22 Unfair or unconscionable means. ( a ) In general. A debt collector must not use unfair or unconscionable means to collect or attempt to collect any debt, including, but not limited to, the conduct described in paragraphs ( b ) through ( f ) of this section. ( b ) Collection of unauthorized amounts. A debt collector must not collect any amount unless such amount is expressly authorized by the agreement creating the debt or permitted by law. For purposes of this paragraph, the term any amount includes any interest, fee, charge, or expense incidental to the principal obligation. 1006.30 Other prohibited practices. ( a ) Required actions prior to furnishing information ( 1 ) In general. Except as provided in paragraph ( a ) ( 2 ) of this section, a debt collector must not furnish to a consumer reporting agency, as defined in section 603 ( f ) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a ( f ) ), information about a debt before the debt collector : ( i ) Speaks to the consumer about the debt in person or by telephone ; or ( ii ) Places a letter in the mail or sends an electronic message to the consumer about the debt and waits a reasonable period of time to receive a notice of undeliverability. During the reasonable period, the debt collector must permit receipt of, and monitor for, notifications of undeliverability from communications providers. If the debt collector receives such a notification during the reasonable period, the debt collector must not furnish information about the debt to a consumer reporting agency until the debt collector otherwise satisfies this paragraph ( a ) ( 1 ). 15 U.S. Code 1681s2 - 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. ( 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. 5 U.S. Code 552a - Records maintained on individuals
Company Response:
State: PA
Zip: 18702
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Took or threatened to take negative or legal action
Subissue: Sued you without properly notifying you of lawsuit
Consumer Complaint: They sent me a judgment letter the dates for court weren't set up for me and the judgment was 17 years old and wasn't mine the debt was from XX/XX/XXXX and I got a letter XX/XX/XXXX and judgment was first stated at {$5300.00} and judgment was {$8200.00}
Company Response:
State: MI
Zip: 48235
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Improper use of your report
Subissue: Reporting company used your report improperly
Consumer Complaint: The Fair Credit Reporting Act USC 1681 Section 602 ( a ) states " There is a need to insure credit reporting agencies exercise their grave responsibilities with fairness, impartiality, and respect for the consumer 's right to privacy. '' XXXX and XXXX are consumer reporting agencies and I am the consumer. Which under this act I have the right to make sure that my information remains private and isn't shared. But it seems that my rights are being violated due to the collections I see on my consumer report. Pursuant to 15 USC 1681b " Any consumer reporting agency may furnish a consumer report under the following circumstances and no other, ( 2 ) In accordance with written instructions of the consumer to whom it relates. I in fact DID NOT give consent to have anything added to my consumer report which is a direct violation of the Fair Credit Reporting Act. This is also considered identity theft according to 12 CFR 1022.3 subpart A ( h ) " Identity theft means fraud committed or attempted using the identifying information of another person without authority. " Again I gave no written consent at all for this action to take place which is against the law. XXXX and XXXX do not gave my consent to furnish this information and for certain do not have my written consent. All consent to XXXX and XXXX whether it is verbal, non-verbal, written, implied or otherwise is revoked. Also according to 15 USC 1681C ( a ) ( 5 ) states " Except as authorized under subsection ( b ), no consumer reporting agency may make any consumer report containing any of the following items of information, any other adverse item of information, other than records of convictions of crimes which antedates the report by more than several years. '' These accounts are adverse items they are reporting as I said before without my permission which is against the law. 15 USC 1681e states " Every consumer reporting agency shall maintain reasonable procedures designed to avoid violations of section 1681c of this title and to limit the furnishing of consumer reports to the purposes listed under section 1681b of this title. '' XXXX and XXXX are not maintaining the proper procedures. And, 12 CFR 1016.7 States that " A consumer may exercise the right to opt out at anytime. '' I am opting out of your reporting services. The following accounts are below : Credit Management Lp Date Assigned : XX/XX/XXXX Balance : {$850.00} Furnisher of information : XXXX XXXX XXXX XXXX XXXX Date Assigned : XX/XX/XXXX Balance : {$460.00} Furnisher of information : XXXX XXXX XXXX XXXX XXXX. Midland Credit Management Date Assigned : XX/XX/XXXX Balance : {$660.00} Furnisher of information : XXXX XXXX XXXX XXXX. *PLEASE NOTE : LEGAL ACTION WILL BE TAKEN ON CONDITION THAT THE ABOVE CONSUMER REPORTING AGENCIES FAIL TO HONOR THE RIGHTS PROTECTING I THE CONSUMER*
Company Response:
State: AZ
Zip: 85210
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: False statements or representation
Subissue: Indicated you were committing crime by not paying debt
Consumer Complaint: Charge off of XXXX card was XX/XX/2022 to Midland credit Management started sending me letters in XXXX. I sent letters back asking for Proof of debt from them in XX/XX/2022. They have not sent satisfactory information that I owe them a debt. They bought my debt but they want the full amount that the XXXX card sold with extra charges on it from the interest being so high that I refused to pay the debt to XXXX. That is why I could not pay the debt it was never going down but up with interest 29.99 % Now MCM wants me to pay the interest to them and I refuse to pay that amount. My payments of XXXX dollars a month to XXXX was not working and without a job it was impossible to pay. I could not even have money to eat. ( We have been going back and forth with letters ( every month ) demands the same amount they bought the debt at current pricing with taxes and cost in the same amount. I have all my letters sent and postage receipts to prove my case.
Company Response:
State: FL
Zip: 33714
Submitted Via: Web
Date Sent: 2023-09-25
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-09-08
Issue: Attempts to collect debt not owed
Subissue: Debt was already discharged in bankruptcy and is no longer owed
Consumer Complaint: Requesting to deletetion
Company Response:
State: TX
Zip: 75070
Submitted Via: Web
Date Sent: 2023-09-08
Company Response to Consumer: Closed with monetary relief
Timely Response: Yes
Consumer Disputed: N/A