Date Received: 2023-08-13
Issue: Other features, terms, or problems
Subissue: Other problem
Consumer Complaint: On XX/XX/XXXX, I submitted, via XXXX certified mail with tracking number XXXX, my request for Capital One to provide me with a XXXX for Capital One Bank credit card number XXXX that Capital One charged off on or about XX/XX/XXXX. In a letter dated XX/XX/XXXX, Capital One responded by discussing the furnishing of information to the credit bureaus. That was clearly NOT the purpose of my XX/XX/XXXX, communication. Capital One refused to address my request for the XXXX On XX/XX/XXXX, I submitted a SECOND REQUEST, via XXXX certified mail with tracking number XXXX, for Capital One to provide me with a XXXX for the charged-off account for tax year XXXX. As of the submission of this CFPB complaint, Capital One has not provided me with a XXXX as requested.
Company Response:
State: IL
Zip: 617XX
Submitted Via: Web
Date Sent: 2023-08-23
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-13
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: My name is XXXX XXXX XXXX, a federally protected consumer, and I am making this complaint against MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, for their abusive, deceptive, and unfair collection practices in the collection of extensions of credit. In a conspiracy with the consumer reporting agencies to cause a restraint of trade and commerce, this debt collector has engaged in racketeering activity. I have never given this company any consent to be in possession of my nonpublic personal information. I disaffirm any alleged agreement or contract between I, the consumer, and the original creditor, whether implied or explicit. This account is a billing error. Please provide me with documentary evidence of the obligors indebtedness. As a federally protected consumer, I am making this complaint against MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, for committing identity theft. I have never given MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, any permission to use any of my identifying information to commit mail fraud by contacting me about an alleged debt they claim I owe. I am aware that in accordance with Article 9, the assignment of a defaulted note is illegal. Both the assignee and the assigned are both liable for violations under 15 U.S. Code 1692e ( 12 ). I have not validated any alleged debt with MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP and my failure to dispute the validity of the alleged debts shall not be construed as an admission of liability pursuant 15 USC 1692g ( c ). As of XX/XX/2023, I have not received any documentary evidence, such as a trilateral contract, giving MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP any right to collect on this alleged debt. I have never received any documentation requesting validation from MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, before they committed multiple violations under FCRA and the FDCPA by furnishing this alleged debt to my consumer report, including but not limited to 15 USC 1692d ( 4 ) which the FTC defines as debt parking. If MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, can not provide me proof such as a tracking number that they attempted to lawfully validate this alleged debt with me, the consumer, prior to furnishing it on my consumer report, this has been a fraudulently furnished account with forethought and malice as an attempt to bring harm to me and my financial reputation. This company is in violation of the false claims act and is jeopardizing my consumer credit reputation with other financial institutions by fraudulently furnishing this alleged debt to coerce payment. Any payments made or future payments are a result of threat, duress, and coercion, due to undue influence. I am legally refusing to pay this debt pursuant to 15 U.S. Code 1692c ( c ). I am demanding a cease and desist of all illegal activity, any communication and collection activity, of this and any alleged debts until MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, can provide me with sufficient documentary evidence that I have any legal obligation to pay them. If this documentary evidence can not be produced and MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, continues its collection efforts, I will file for litigation for actual damages caused and MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP, shall be liable for violations of TILA, FCRA, GLBA, CFPA, the Sherman Antitrust Act, Robinson-Patman Act, Clayton Act , FTC ACT, and RICO Act. MIDLAND CREDIT MANAGEMENT INC. / ENCORE CAPITAL CREDIT GROUP shall be held accountable for actual damages caused, and shall be held criminally liable for aggravated identity theft pursuant to 18 USC 1028A, extortion, theft by deception, securities fraud, and mail fraud. Upon the receipt of the documents herein and of this notice, you are hereby notified Pursuant UCC 1-202f. Your prompt attention and response are both requested and required.
Company Response:
State: WA
Zip: 98391
Submitted Via: Web
Date Sent: 2023-08-13
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-11
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: XXXX companies that are trying to collect debts for loans that are almost XXXX XXXX XXXX but they keep selling the loans/debts to other companies and they are updating the date each time saying the debt is new. They don't show the original date of the debts. Each company closed the debt yet sells it to another debt collector. I don't think this is fair.
Company Response:
State: LA
Zip: 712XX
Submitted Via: Web
Date Sent: 2023-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-11
Issue: Communication tactics
Subissue: Called before 8am or after 9pm
Consumer Complaint: Good Morning, Please be advised that I have already filed a complaint ( # XXXX ) against Midland Funding and you have closed the complaint. My follow-up complaint is of the same nature as the first complaint. One of your agents confirmed for me that you have regulatory authority over Midland Funding. I am reporting what I believe to be violations of the Fair Credit Reporting Act as a public service. I am not asking you to do anything on my behalf. I called the CFPB yesterday and spoke to one of your agents and he advised me to file an new complaint under these circumstances, and to contact XXXX XXXXXXXX XXXX XXXX about my complaint to see if they would also take it up. Midland does not give satisfactory answers to the issues I raised in my complaint. I allege that they knowingly slow-walk documents to me, and perhaps every consumer, as a way to pressure that consumer into settlement immediately before their court date. Midland maintains that they produced a letter on XX/XX/XXXX that got mailed XX/XX/XXXX, that I received on XX/XX/XXXX, 1 business day before my court date. Hmm, what a coincidence? Of course, there happens to be no time for legal counsel to review that document before having to appear in court. Please note that they could very easily e-mail these documents to you but elect not to for some reason? Hmm, I wonder why that is? And then when you call them and ask them to speak with you about what has been mailed they won't give you any detail on the documentation that's in the mail. Once the documentation is received in the mail, it says in big bold letters ( sent as an attachment in prior complaint ) " Action Required ''. I called them to ask them if I need to sign the Consent Judgment as a part of the payment plan agreement and they would not answer the question. I have since learned that I was under no obligation to sign the Consent Judgment, and am thankful that I did not do so. Additionally, when you file a complaint with the CFPB they unilaterally terminate your payment plan agreement until you withdraw your complaint from the CFBP and will not even have a conversation with you until you withdraw your complaint. I wonder about the legality of this action? Again they are using deceptive and intimidating debt collection practices to collect a debt, something explicitly forbidden by the Fair Credit Reporting Act. And they know this, because they are unwilling to go on record in writing ( On-line Chat ) with these statements. XXXX XXXX, Lead Corporate Counsel, Legal and Regulatory Affairs for Midland Credit, wrote a letter to the State of Tennessee, Division of Consumer Affairs advising them that I wrote a similar complaint to the CFPB. See attached letter. She then proceeds to send them 46 pages of documents that are supposed to be dispositive that we somehow owe Midland Funding {$4000.00}. That letter is dated XX/XX/XXXX. Could it be a material fact that Midland Funding lost their court case against me on XX/XX/XXXX and yet knowingly chose to omit this fact in the letter? Hmmm, why does XXXX XXXX choose to omit that fact, a fact that can have some bearing on how you respond to her answer to my complaint. Why does XXXX XXXX lie about Midland 's actual response to my complaint to the CFPB? She says that my complaint " inactivated '' the previous payment plan. That's not the word that they use when you call into them. They say that you payment plan has been deleted and that they will not consider a new plan until I withdraw my complaint. Can this really be legal-deleted an agreement and requiring the withdraw of a complaint in order to pay off a debt? I can not see how this could be allowed under the Fair Credit Reporting Act. She says to call " Internal Legal '' to confirm terms of a new plan. But make no mistake about it, I called internal legal department multiple times and each time they told me the same thing-you must withdraw the complaint for a new payment plan to be considered. Why don't you request recordings of the phone calls to confirm what i am saying to you is true? If you have regulatory authority you should do so. At this point, I am only asking Midland Funding, to confirm my account of the facts. If any detail of my account can be factually disputed ( such as internal recordings of my conversations ) I ask Midland to provide transcripts of those phone calls. Thank you in advance for reading my complaint and responding in a way that is in the best interest of every consumer.
Company Response:
State: TN
Zip: 37067
Submitted Via: Web
Date Sent: 2023-08-11
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: Midland Credit never answered my XX/XX/2023 compliant. Consider this Served Notice!!! I have not supplied proof under the doctrine of estopper by silence, Engelhardt v Gravens ( mo ) 281 SW 715,719, 1 presume that no proof of the alleged debt, nor therefore any such debt, in fact therefore exists. I need to see your chain of title as well! Bond insurance- Any signature I have supplied your company!
Company Response:
State: FL
Zip: 33321
Submitted Via: Web
Date Sent: 2023-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-11
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I have never had communication with Midland Credit Management or the original creditor XXXX XXXX XXXX They stated that the account was opened XX/XX/2022 in the amount of {$1700.00}. This account was removed from my reports and now it reappeared. I have not supplied proof under the doctrine of estoppel by silence, XXXX XXXX XXXX XXXX XXXX XXXX, I presumit that no proof of the alleged debt, nor therefore any such debt, in fact therefore does not exist.
Company Response:
State: NC
Zip: 28311
Submitted Via: Web
Date Sent: 2023-08-11
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-10
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: Hello, my name is XXXX XXXX also on the paper I received my first and last name is spelled correctly wrong but the SSN is correct there was something opened in my name when i was only XXXX XXXX XXXX i can provide my license just to prove my birth date the amount they are trying to garnish from my check is {$2500.00} i am going to attach the letter I received in the mail and also I was told it was from a gas and light company here 's some of the information Open date - XXXX XXXX XXXX XXXX, XXXX XXXX XX/XX/XXXX - XX/XX/XXXX Judgement in XXXX.
Company Response:
State: NJ
Zip: 08638
Submitted Via: Web
Date Sent: 2023-08-10
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-10
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: BELOW IS THE ONLINE INFORMATION SUBMITTED TODAY ALONG WITH UPLOADS. XX/XX/XXXX RE : MIDLAND FUNDING CLAIM FOR TWO XXXX XXXX XXXX XXXX DEBTS To Whom It May Concern : This filing explains Midland Funding, LLC purchase and collection on my two XXXX XXXX XXXX XXXXXXXX debts. As you know, they have a history of ongoing lawsuits. For example, in XXXX, Midland Funding was found in violation of the Consumer Financial Protection Act ( CFPA ), Fair Debt Collection Practices Act ( FDCPA ), and Fair Credit Reporting Act. Basically, in XX/XX/XXXX this debt collector forced me to pay them {$2400.00} in order to avoid them from garnishing my salary. Attached is my XXXX Credit Report document showing this 1 ) date ; and, 2 ) amount paid to Midland Funding. In addition, they paid the {$10.00} cost to file several false Writ of Garnishment judgment claims at the XXXXXXXX XXXX XXXX XXXX. See Doc A & chart below : Instrument no. Book no. Page no. by Midland Funding, LLC amount XXXX XXXX XXXX {$4800.00} plus interest XXXX XXXX XXXX {$4200.00} plus interest XXXX XXXX XXXX THE PROBLEM : I paid XXXX XXXX XXXXXXXX debts XXXX XXXX XXXX XXXX XXXX ) for monthly ( for years ). Then, on XX/XX/XXXX, they approved a settlement payment with me. See attached. Regardless, Midland Funding, LLC ignored my paid status. Continuously, they harassed me at home and work with calls, letters and threats. Finally, their stressful attacks on my workplace character ; & garnishment threats caused me to pay them {$2400.00}. Primarily, to protect my job, peace, income, character ( Doc B ). BANK ACCOUNT NO. BALANCE SETTLEMENT APPROVED DATE [ XXXX XXXX XXXX ] ( price paid in full as agreed XXXX XXXX XXXX XXXX XXXXXXXX {$4600.00} {$690.00} XX/XX/XXXXXXXX XXXX XXXX XXXXXXXX XXXX {$5700.00} {$870.00} XX/XX/XXXXXXXX XXXX XXXX XXXX : Attached find the two ( 2 XXXX XXXX XXXX XXXX settlement letters ( dated XX/XX/XXXX ) both PIF. See Doc C & D. Also, see attached XXXX XXXX XXXX showing XXXX XXXX XXXX with XXXX XXXX XXXX account XXXX ( above ) ID Status : as PAID IN SETTLEMENT and Creditors Statement : Account legally paid in full for less than full balance. ( See Doc E ).
Company Response:
State: FL
Zip: 346XX
Submitted Via: Web
Date Sent: 2023-08-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-10
Issue: Attempts to collect debt not owed
Subissue: Debt was result of identity theft
Consumer Complaint: XXXX XXXX account ending in XXXX with XXXX amount of {$640.00}. Midland Credit Management has the account XXXX in collections. I had no knowledge of this account. I have been receiving up tp XXXX or more calls per day. I also reported it under my credit report.
Company Response:
State: OH
Zip: 457XX
Submitted Via: Web
Date Sent: 2023-08-10
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-08-10
Issue: Credit monitoring or identity theft protection services
Subissue: Received unwanted marketing or advertising
Consumer Complaint: I am writing to provide a personal statement regarding the identity theft incident that I have experienced. I recently discovered that my personal information has been misused without my consent, leading to unauthorized activities and potential financial and reputational harm. Upon noticing suspicious activities, I took immediate steps to investigate and mitigate the situation. I contacted relevant financial institutions, reported the incident to local law enforcement, and have been working diligently to rectify the unauthorized actions attributed to my name. I want to emphasize that I had no involvement in the fraudulent activities associated with my name. I am a victim of identity theft, and I am committed to cooperating with the necessary authorities and institutions to resolve this matter promptly. I have reported the incident to the appropriate credit reporting agencies and have placed fraud alerts on my credit reports to prevent further unauthorized access. I am also working closely with my financial institutions to ensure that any unauthorized transactions are properly investigated and resolved. I am fully aware of the importance of addressing this matter promptly and thoroughly. I have taken the necessary steps to safeguard my personal information and prevent any further unauthorized use. My goal is to clear my name and restore my financial and personal integrity. I appreciate the efforts of the Federal Trade Commission in assisting individuals affected by identity theft. I am hopeful that with your guidance and support, I can navigate through this challenging situation and emerge from it with a restored sense of security.
Company Response:
State: FL
Zip: 33311
Submitted Via: Web
Date Sent: 2023-08-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A