Date Received: 2023-11-10
Issue: Attempts to collect debt not owed
Subissue: Debt is not yours
Consumer Complaint: This debt collector engaged in abusive, deceptive and unfair practices of the FDCPA which prohibits. They furnish this account that we didnt agree upon and I didn't sign an agreement on. A legal contract is signed by two parties and I did not participate in any of it, more so they didnt follow the proper 5 step validation procedure which makes this unfair practices. According to FDCPA Im entitled to {$1000.00} per violation and clearly they violated my rights.
Company Response:
State: MA
Zip: 02131
Submitted Via: Web
Date Sent: 2023-11-10
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-10
Issue: Threatened to contact someone or share information improperly
Subissue: Talked to a third-party about your debt
Consumer Complaint: I noticed Midland Credit was on my consumer report. I called and inquired if they own the debt of which they're requesting of me- they said yes. I then issued a dispute to the 3 major credit agencies and to Midland as well. I requested a wet signature that indicated a contract between me and Midland Credit, a chain of title, and the ledger for the debt in question. I didn't receive anything. I called Midland after the credit agencies said their dispute was completed and asked them why their information was still on my report and that they were in violation of FCRA 603. Definitions ; rules of construction [ 15 U.S.C. 1681a ] ( d ) ( 2 ) Exclusions. The term " consumer report '' does not include ( A ) any ( i ) report containing information solely as to transactions or experiences between the consumer and the person making the report ; They are also in violation of 15 U.S. Code 1692c ( a ) Communication with the consumer generally Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt. They have not gotten permission and they have been advised to cease and desist any communication in relation this alleged debt. ( b ) Communication with third parties They are also in violation of 15 U.S. Code 1692c which states Except as provided in section 1692b of this title, without the prior consent of the consumer given directly to the debt collector, or the express permission of a court of competent jurisdiction, or as reasonably necessary to effectuate a post judgment judicial remedy, a debt collector may not communicate, in connection with the collection of any debt, with any person other than the consumer, his attorney, a consumer reporting agency if otherwise permitted by law, the creditor, the attorney of the creditor, or the attorney of the debt collector. Again, they have not received my consent. All of these actions and violations from Midland Credit has caused me great distress emotionally and physically. They are oppressing me and can not provide me simply with the things that I'm requesting.
Company Response:
State: CA
Zip: XXXXX
Submitted Via: Web
Date Sent: 2023-11-10
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-09
Issue: Written notification about debt
Subissue: Notification didn't disclose it was an attempt to collect a debt
Consumer Complaint: To date, Midland has provided several dates which are reaged for the alleged debts. Midland reported on XX/XX/XXXX with various dates with no validation of evidence to substantiate their deceptive actions. All the alleged debts are reaged to compromise the XXXX which expires since XX/XX/2023. There is no contract with Midland and who has been using my private information without my consent. " The term " creditor '' means any person who offers or extends credit creating a debt or to whom a debt is owed, but such term does not include any person to the extent that he receives an assignment or transfer of a debt in default solely for the purpose of facilitating collection of such debt for another ''.
Company Response:
State: GA
Zip: 30253
Submitted Via: Web
Date Sent: 2023-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-09
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: On approximately XXXX XXXX while reviewing my credit union credit report I found that there was a collection debt payment had been put on my credit report, in the amount of XXXX XXXX 'm a victim of identity theft and have been working with the three major credit reporting companies to rectify and to restore my credit which to my surprise I've had some success but with this collection agency after writing a few letters the inaccurate information remains even after in my letters I gave them my correct address. But as of today, I have not received any response. I SAY ONCE AGAIN I'M A VICTIM OF IDENITITY THEFT AND THIS IS NOT MY DEBT!!!!
Company Response:
State: WI
Zip: 53209
Submitted Via: Web
Date Sent: 2023-11-09
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-09
Issue: Problem when making payments
Subissue: Problem during payment process
Consumer Complaint: Allow me to start with the fact that the financial institutions involved refuse to communicate in a legal way through email. They record all yet that is one sided. I tire of having to screen shot all, and stopped all phone conversations as they did not do as they said. From a legal standpoint, I will not communicate with them in any way other than email. This complaint relates to my XXXX XXXX credit card of thirty years, and is directed at : XXXX XXXX XXXX , the original account provider. XXXX XXXX , the purchaser of said account. -Midland Credit , who currently dispute my payment. In XXXX of 2022 I made two separate payments of {$5000.00} to my credit card from two separate banks. Those banks were ; XXXX XXXX and XXXX XXXX. The payment from the former was credited to my account but the XXXX XXXX payment vanished, never showing on my payments. I submitted not only bank statements from the two banks from which the electronic payments were made, I also included a letter from XXXX XXXX that specifically delineates all details of the missing payment. For over a year I have been contesting this and hitting a brick wall. Someone stole my {$5000.00} and now my credit rating and good name and neither the finanbcial institutions nor the CFPB have been of any use. This debt was paid on time in 2022 and I will NEVER pay it twice! After 30 years of no problems with the same credit card, I never imagined that something like this could happen.
Company Response:
State: CA
Zip: 931XX
Submitted Via: Web
Date Sent: 2023-11-09
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-07
Issue: Written notification about debt
Subissue: Didn't receive enough information to verify debt
Consumer Complaint: 1 : Debt buyer- XXXX XXXX XXXX XXXX XXXX Date opened : XX/XX/XXXX Actions- calls/emails harassing to pay. Never verified my debt. XXXX allegedly bought my debt from XXXX XXXX XXXX, or they represent ( or work with ) XXXX for communications purposes. I have never banked with or made an account with this XXXX or XXXX XXXX XXXX. Both have harassed me to pay debt they couldnt verify.
2 : Debt buyerXXXX XXXX XXXX XXXX, XXXX.
Date opened- XX/XX/XXXX Actions- calls/emails harassing to pay. Never verified my debt. Original creditor was internet service charging me for allegedly not returning their equipment. I walked into one of their multiple retail locations around their U.S. to return their equipment after I changed to a different provider. Although I wasnt given a receipt for returning their equipment, I was assured, in person, that my account was resolved once I made the return.
3 : Debt buyer- Midland Credit Management XXXX XX/XX/XXXX Actions- calls/emails harassing to pay. Never verified my debt. Original creditor was XXXX XXXX XXXX, however I never gave them consent to sell my information. I have never willingly created an account with Company Response: State: CA Zip: 92780 Submitted Via: Web Date Sent: 2023-11-07 Company Response to Consumer: Closed with non-monetary relief Timely Response: Yes Consumer Disputed: N/A
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Date Received: 2023-11-07
Issue: Took or threatened to take negative or legal action
Subissue: Threatened or suggested your credit would be damaged
Consumer Complaint: XX/XX/XXXX- XXXX received a XXXX XXXX XXXX from me. It required Midland to provide the following : The Following information is required. Please fill out the form below in its entirety. Name and address of Alleged creditor : Name on file of alleged debtor : Alleged Account # : Address on file for alleged debtor : Amount of alleged debt : Date this alleged became payable : Date of original charge off or delinquency : Was this debt assigned to a debt collector or purchased? Amount Paid if debt was purchased : Commission for debt if collection efforts are successful : Please attach copies of the following : Agreement with your client that grants Midland Credit Management the authority to collect this alleged debt. Signed agreement Debtor has made with Debt Collector, or other verifiable proof Debtor has a contractual obligation to pay Debt collector. Any agreement that bears the signature of Debtor, wherein agreed to pay Creditor. All statements while this account was open. Have any insurance claims been made by any creditor regarding this account? Yes No Have any Judgements been obtained by any creditor regarding this account? Yes No Please provide me the name and address of the bonding agent for Midland Credit Management, in case legal action becomes necessary : Date : ________________ _________________________ Authorized Signature of Creditor You must return this completed form along with copies of all requested information, assignments or other transfer agreements, which would establish your right to collect this alleged debt within 30 calendar days from the date of receipt of this letter. Your Claim can not and WILL NOT be considered if any portion of this form is not completed and returned with copies of all requested documents. This is a request for Validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 calendar days for processing after I receive this information. The Letter also stated : I recently received communication from you attempting to collect the above-listed alleged debt. Your initial communication to me in an attempt to collect the alleged debt was within 30 days ago. Please be advised that I hereby dispute the validity of the alleged debt listed above in its entirety. Further, I request verification of the alleged debt, specifically, a copy of a contract or agreement. Said contract or agreement must be with the original creditor and signed by all parties involved. You are illegally attempting to collect the above-listed alleged debt and money that I do not owe. Cease and desist all collection activity, including all reporting to consumer reporting agencies. Promptly request deletion of any and all prior reporting made to any consumer reporting agencies. If you comply with my requests above within 14 days, then you are excused from verification. Furthermore pursuant 15 USC 1692 ( e ) ( 3 ) False or misleading representations A debt collector may not use any false, deceptive, or misleading representation or means in connection with the collection of any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section : The false representation or implication that any individual is an attorney or that any communication is from an attorney. You, Midland Credit Management, have no right under the law to send me any type of communication whatsoever. Cease and Desist all communication immediately. Furthermore You, Midland Credit Management are attempting to collect an alleged debt where the so called original creditor has falsely represented the character other Violations under 15 USC 1692 e that you are implementing yourself. Violation : 15 USC 1692b ( 5 ) 15 USC 1692 ( 2 ) ( A ) 15 USC 1692e ( 3 ) 15 USC 1692 ( 6 ) ( B ) 15 USC 1692 ( 9 ) 15 USC 1692 ( 10 ) 15 USC 1692 ( 11 ) I never received the requested information. They just simply stated that their claims are valid. ON May 26, 2023 - I mailed another letter stating the following : 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 house purposes. You and your inaccurate reporting have damaged my livelihood. 15 U.S. Code 1681s2 - Responsibilities of furnishers of information to consumer reporting agencies ( a ) Duty of furnishers of information to provide accurate information 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 As Defined by The IRS Even if you didn't 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 REPORTED ON THE CONSUMER REPORT which in fact makes your reporting of this account inaccurate! By Definition The IRS Clearly says a Canceled debt or Charge off is Income. The reporting of this account as a debt is inaccurate. Citibank understood this, which is why they are not on my consumer report. 15 USC 1681 s-2 Says you, Midland Credit Management is a furnisher of information to a consumer reporting agency. You ARE PROHIBITED BY LAW to 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. 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 1. The above paragraph is taken directly from the IRS 2021 publication. You, Midland Credit Management, are not the lender. 15 U.S. Code 1681s2 ( a ) Duty of furnishers of information to provide accurate information 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 the 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 ACCOUNT FROM MY CONSUMER REPORTS! There has been no resolution and they continue to report on my credit report and consumer report. Also on XX/XX/XXXX it was reported that a new address was added to my credit report by Midland that I never lived at : XXXX XXXX XXXX, XXXX, GA XXXX
Company Response:
State: MD
Zip: 20772
Submitted Via: Web
Date Sent: 2023-11-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-08
Issue: Getting a credit card
Subissue: Card opened without my consent or knowledge
Consumer Complaint: My identity was stolen- my car was broken into and my wallet that contain my ssn and id was stolen. almost a year later two credit cards was open and started being reported as charge off to CRA. The original creditors are XXXX XXXX. I disputed the account with the original creditor and the CRAs multiple time. I made them aware that this account was open with out my consent and I provided the identity theft report filed with the FTC. Both accounts are being reported as charge account and one account was sold to Midland Credit Management and now being reported as a collection. I file a dispute requesting validation and did not receive any proof that the account was mine. The name and address on the account is incorrect.
Company Response:
State: PA
Zip: 19143
Submitted Via: Web
Date Sent: 2023-11-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-08
Issue: Incorrect information on your report
Subissue: Account status incorrect
Consumer Complaint: XXXXXXXX credit bureau says account open the other shows closed original dept was with XXXX XXXX XXXX and was charged off but Midland credit management inc is trying to collect debt
Company Response:
State: CA
Zip: 92405
Submitted Via: Web
Date Sent: 2023-11-08
Company Response to Consumer: Closed with explanation
Timely Response: Yes
Consumer Disputed: N/A
Date Received: 2023-11-08
Issue: Incorrect information on your report
Subissue: Account information incorrect
Consumer Complaint: In accordance with the fair credit reporting act this creditor has violated my rights under 15 USC 1681 section 6 o 2 states I have the right to privacy ( 15 USC 1681 ( section 6 0 4 a section 2 ( it also states a consumer reporting agency can not furnish an account without my written instructions under 15 USCS 1666b a creditor may not treat a payment on a credit card account under an open end consumer credit plan as late for any purposes
Company Response:
State: FL
Zip: 33055
Submitted Via: Web
Date Sent: 2023-11-08
Company Response to Consumer: Closed with non-monetary relief
Timely Response: Yes
Consumer Disputed: N/A