Date Received: 2023-12-27
Issue: Took or threatened to take negative or legal action
Subissue: Threatened to sue you for very old debt
Consumer Complaint: This company is notorious for buying outdated collection accounts and then breaking the law by getting judgements against them in order to gain more time and use aggressive tactics to collect additional money far beyond original debt owed.
Company Response:
State: ID
Zip: 83440
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: Be advised that I hereby dispute the validity of the alleged debt listed above entirely. XXXX XXXX Midland Credit, XXXX XXXX XXXX XXXX illegally collected the above-listed alleged debt and took payment on a debt that I do not owe, EXTORTION and theft by deception. Defamation of character and Slander of my name. Fraud and GROSS MISREPRESENTATION. No consideration, False advertising such as advertising " loans '' based on the customer 's own credit. I have an absolute right to rescind a signature from any contract or agreement that was not fully disclosed to me. Such a contract or agreement is null and void, as if it never existed at all, and all to return to the lawful owner plus reasonable money and interest. I am not obligated by any contract or agreement obtained under conditions of fraud, deceit, or non-disclosure. Reporting Late payment and Utilization is illegal! XXXX XXXX Midland credit, XXXX XXXX XXXX XXXX have 10 calendar days to update my late fees and reporting balance or balance utilization to 5 % or below and or delete all reporting balance Utilization and late fees from the below account/s or I demand account DELETED Wherefore there can be no payment of debt. Only discharge of debt, acceptance and return for discharge. 1692K Civil liability. Civil liability for willful noncompliance. 15 U.S.C. 1681o - U.S. Code - Unannotated Title 15. Commerce and Trade 1681o. Civil liability for negligent noncompliance. 15 U.S. Code 1640 - Civil liability with respect to any failure to make disclosures. 15 U.S.C. 1611 - Criminal liability for willful and knowing violation. I agree to pay any financial obligation which I might lawfully owe, on the condition that you provide : 1. Validation of the debt- that is, the actual accounting per GAAP . 2. Verification of your claim against me. A signed invoice or sworn affidavit. 3. A copy of the contract binding both parties, XXXX XXXX XXXX XXXX Midland credit, XXXX XXXX and XXXX XXXX. 1. I need full Disclosure. I was not told that I was actually creating the credit. 2. Equal Consideration brought nothing of value to the table and had nothing XXXX XXXX XXXX XXXX Midland Crdit, XXXX XXXX lose. 3. Law terms and conditions were based on fraud! 4. The wet ink signature of both parties. XXXX XXXX XXXX XXXX, Midland Credit. XXXX XXXX actual damages, Defamation of character, consumer rights violations, multiple violations of Federal Debt Collection Practices Act ( FDC PA ), Fair Credit Reporting Act ( FCRA ), fraud, aggravated identity theft, Identity theft, extortion, theft by deception, Securities and Exchange Commission ( SEC ), Generally Accepted Accounting Principles ( GAAP ) fraud, Conspiracy and Racketeering of {>= $1,000,000}. Within XXXX calendar days after receipt of a notice, shall return a, XXXXXXXX XXXX XXXX XXXX Midland Credit XXXX XXXX any money that has been given to anyone in connection with this transaction and shall take any action necessary to reflect the termination of the security interest. XXXX XXXX will further pursue all of my legal remedies without further notice. This letter serves as evidence that XXXX XXXX has attempted to resolve this matter formally before filing a court case. I will demand discovery and trial by jury. Failure to properly respond will be followed up with our FTC, XXXX and Attorney General complaint, fee schedule and lawsuit. XXXX vitiates the most solemn contracts, documents and even judgments [ U.S. vs. XXXX, 98 us 61, at pg.65 ]. It would be unjust to allow one who made false representations to retain the fruits of a bargain induced by such representations. XXXX XXXX XXXX, 43 Wis 2d 166.
Company Response:
State: FL
Zip: 32746
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Attempts to collect debt not owed
Subissue: Debt was paid
Consumer Complaint: NOTICE TO AGENT IS NOTICE TO PRINCIPAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT 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 information have damaged my livelihood. 15 U.S. Code 1681 s-2 Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information ( XXXX ) 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. Duty : a moral or legal obligation ; a responsibility. Accurate : correct in all details ; exact Prohibition : a law or regulation forbidding something. As defined by the IRS : Even if you did not receive a Form 1099-C, you must report canceled debt as gross income on your tax return. The IRS Clearly defines a charge off as Gross or Ordinary income, INCOME DOES NOT GET REPOTED ON THE CONSURMER REPORT which in fact makes your reporting of this account inaccurate! By definition, The IRS clearly says a canceled or charge off is income. The reporting of this account as a debt is inaccurate. 15 USC 1681 s-2 says you are a furnisher of information to a consumer reporting agency. You ARE PROHIBITATED BY LAW to provide inaccurate information. I demand you 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. The lender must file Form 1099-C and send you a copy if the amount of debt canceled is {$600.00} or more and the lender is a financial institution, credit union , federal government agency, or other applicable entity as discussed earlier in chapter XXXX. The above paragraph is taken directly from the IRS 2021 publication. SEND ME MY FORM XXXX that you should have sent to when you filed the account as a canceled debt. My address is listed below. 15 U.S. Code 1681 s-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 information is, in fact, inaccurate. The continued reporting of this inaccurate information is a clear violation of Law 15 USC 1681 s-2 of your 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 HAVE 10 calendar days to DELETE THIS ACCOUT FROM MY CONSUMER REPORTS!
Company Response:
State: FL
Zip: 33321
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-27
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I am not liable for this debt with midland credit managemen. I do not have a contract with credit collection service. They did not provide me with the original contract as requested multiple times. Pursuant to 18 usc 8. I owe no debt this company is violating my consumer right to privacy pursuant to 15 usc 1681b 2. Company has also No permission to report anything using my information to pursuant to 15vsc 16814
Company Response:
State: MI
Zip: 48227
Submitted Via: Web
Date Sent: 2023-12-27
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: My complaint is that MIDLAND CREDIT MANAGEM has unlawfully reported an alleged debt to my consumer report. Under the New Rule REGULATION F that went into effect XXXX XXXX XXXX MIDLAND CREDIT MANAGEM has violated the FDCPA 1006.30a and its new rule by parking this alleged debt on my consumer reports. I sent them a Cease and Desist letter over a month ago and they are still calling and harassing me from a lot of different numbers throughout the day and evening. I do not know who they are. They have not provided any required documents or contract to prove that I owe them anything. This harassment needs to stop. They have no permissible purpose by law to contact third parties with my private or personal information
Company Response:
State: KY
Zip: 40272
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Problem with a company's investigation into an existing problem
Subissue: Their investigation did not fix an error on your report
Consumer Complaint: The date of last activity was re-aged when this collection agency falsely stated that it was verified. Furthermore, the original account was never verified ; how can this account continue to report on my credit? Not only is the date last active incorrectly reporting, but the payment history is also inconsistent between the 3 bureaus. This is a clear violation of the FDCPA. This is unlawful reporting and the account XXXX XXXX XXXX XXXX must be removed immediately.
Company Response:
State: TX
Zip: 75071
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: My mom owes some sort of debt, but I am limited/no contact with her. As of today ( XX/XX/ ), Midland Credit Management has attempted to call every single day since XX/XX/ at times ranging from XXXX to XXXX, but leaves no voicemail. They are equally harassing my brother and my grandmother, who has said they do leave him voicemails saying this is debt attempted to be collected for my mother. The call originates from a new number each time as so that I can not block the caller. I can not get her to pay her debt, and I am not her spouse so I should not be subjected to this harassment.
Company Response:
State: WI
Zip: 535XX
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: I received an email from my credit monitoring service that informed me that my credit profile was adversely impacted. I found that MIDLAND CREDIT had illegally posted an alleged collection account to my credit report. I have never started nor an opened account with this company. My report shows that MIDLAND CREDIT open account was opened on XX/XX/2021 with a balance of {$6200.00}. By federal law, a debt collector is supposed to make contact with an alleged debtor and give them 30 days to validate or dispute before they move forward with collection attempts. I never received a letter in the mail that gave me 30 days to validate or dispute this account. I never received a letter stating that I have an alleged debt with this company and owe a balance on that account. I, a consumer defined under 15 USC 1692a ( 3 ), understand that, under the FDCPA guidelines for collection agencies, they have to provide ( 1 ) legitimate proof that they are the original holder of this debt and can legally hold me responsible for paying this debt and ( 2 ) contractual proof of obligation or an assignment SIGNED from an officer from the original creditors corporation that I am supposed to pay them. 15 USC 1692g Sec. 809 ( b ) of the Fair Debt Collection Practices Act ( FDCPA ) grants me the right as a consumer to request validation of this alleged debt they say I owe. I fully understand 1692g. Validation of debts ( a ) Notice of debt ; that states within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing ( 1 ) the amount of the debt ; ( 2 ) the name of the creditor to whom the debt is owed ; ( 3 ) a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector ; ( 4 ) a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector ; and ( 5 ) a statement that, upon the consumer 's written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor. ( b ) Disputed debts - If the consumer notifies the debt collector in writing within the thirty-day period described in subsection ( a ) of this section that the debt, or any portion thereof, is disputed, or that the consumer requests the name and address of the original creditor, the debt collector shall cease collection of the debt, or any disputed portion thereof, until the debt collector obtains verification of the debt or a copy of a judgment, or the name and address of the original creditor, and a copy of such verification or judgment, or name and address of the original creditor, is mailed to the consumer by the debt collector. ( c ) Admission of liability - The failure of a consumer to dispute the validity of a debt under this section may not be construed by any court as an admission of liability by the consumer. I never received a notice of right to dispute nor did I receive any information to verify that the alleged debt with this company belonged to me. If I would have gotten anything in the mail from this company before they illegally reported to my credit report, I would have respectfully requested evidence that I am the person they are asking to pay this debt and a contractual obligation that legally binds me to pay them this debt. Upon them receiving my validation letter by certified mail with return receipt, they would have to legally cease from collection calls, letters, and efforts and delete the account from my credit reports until they can validate this debt. But again, I never received such a letter about this account ever in the mail because it was never sent. In order for them to prove that I received it properly, the proper letter should have been mailed certified mail with return receipt or by some form of proof of tracking that would require my signature. And if the company did mail anything to me, where is the legal proof of tracking or my signature stating that I received it? Where is the return receipt or postage signature showing that I received it and signed for it? But again, I never received any sort of mail or package. They have illegally posted and reported to my credit file without adhering to the FDCPA laws. Im not sure if this company is a scam, but I know that this company has broken FCRA and FDCPA laws by reporting an alleged account to my credit report without informing me through mail and I did not receive notice of right to dispute nor did I receive any information to verify that the alleged debt belonged to me. My credit has dropped tremendously in the middle of building my credit. Please help me get this account removed immediately. As a consumer, Im publicly publishing this descriptive complaint on www.consumerfinance.gov so that others can learn from my experience and so that this government agency can use this information to help work with other violations and complaints from consumers regarding this company. Under 12 CFR Part 1006 and as a consumer defined under 15 USC 1692a ( 3 ), I'm also preparing to sue under the FCRA and FDCPA because of the numerous consumer law violations committed by this company, damages to my credit and opportunity costs with making a major purchase, and business ventures that must be delayed until this illegal account is removed. It should not be my responsibility to submit proof that this debt does not belong to me. It is the responsibility of the debt collector to submit proof that they can legally collect on the alleged debt, legally report to the credit agencies, and follow all FCRA and FDCPA. As of this date, they have failed to do so. MIDLAND CREDIT MANAGEMEN XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX
Company Response:
State: MS
Zip: 38654
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: I have blocked the number as I do not wish to speak with them. I have not sent them any money or spoken with anyone on the phone. They have called me at least 8 times since XX/XX/2023.
Company Response:
State: NJ
Zip: 08865
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-12-26
Issue: Communication tactics
Subissue: Frequent or repeated calls
Consumer Complaint: So I had a credit card years ago, but I was behind on paying this debt. So this debt was passed on to a debt collection company, called Midland Credit Management. I've spoken to them over the phone for 2 years now or more. They were were fully aware that I wasn't working at the time and still harassed me by repeatedly calling me. They still call me at odd times throughout the day. I don't mind working out some kind of payment plan with MCM, but not if they keep calling me constantly without my consent.
Company Response:
State: CO
Zip: 811XX
Submitted Via: Web
Date Sent: 2023-12-26
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A