Complaint Review: Midland Credit Management

NEVER TALK TO COLLECTION AGENCIES HANDLE EVERYTHING IN WRITING AND SEND EVERYTHING CERTIFIED RETURN RECEIPT REQUESTED. make sure you put the certified mail number on the letter itself to prove what was sent to them

IDENTITY THEFT VICTIM ... DO NOT GIVEN THEM ANY PERSONAL INFO ...



Your Name
Mailing Address
Your City, State, Zip

Date

Name of Collection Agency
Mailing Address
City, State, Zip

certified mail # ___________________

Re: Identity Theft Victim Notice to Cease Contact: Case #_________

[If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency.]

To [person whose name appears on agency's notice to you]:

On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt].

[OR]

On [date] I received a written notice of the claimed debt, a copy of which is attached.

I am a victim of identity theft. The debt about which your agency contacted me is the result of fraud by someone who used my personal information without my knowledge or consent. I have enclosed a copy of the police report I filed when I learned of the crime. [Instead of the police report, the Federal Trade Commission identity theft affidavit can be provided.] Please provide me with any forms such as a fraud affidavit that your company will require me to fill out to have this account properly investigated as fraud [if the enclosed FTC Fraud Affidavit is not sufficient].

I have enclosed the following documents to prove my claim of fraud:

[List copies of any documents you enclose with the letter that prove your claim of identity theft. Such documents could be a copy of a police report, copy of your Federal Trade Commission's Fraud Affidavit, or correspondence between you and a credit bureau, a merchant, or a bank. Lease agreements and utility bills often help prove you were living somewhere other than where the account was established. Remember: Always send copies and not original documents.]

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SAMPLE DISPUTE THE CLAIM LETTER

Your Name
Mailing Address
City, State, Zip

Date

Name of Collection Agency
Mailing Address
City, State, Zip

Re: Dispute of Collection Action: Case # ________

[If the collection agency has sent written notice, your case number is likely in the letter. If you have not received a written notice from the collection agency, tailor this line accordingly. For example, show the date you were contacted by the collection agency and/or identify the creditor by name if you can.]

To [person whose name appears on agency's notice to you]:

On [date] I was contacted by [name of person who called you] of your agency, who informed me that [name of collection agency] is attempting to collect [amount of claimed debt]. This individual is collecting on behalf of [name of creditor]. [OR] This individual would not tell me for whom you are supposed to be collecting.

[OR]

On [date] I received a written notice of the claimed debt, a copy of which is attached.

This is to inform you that I dispute the debt because [insert reason for dispute, e.g. the agency has confused you with someone else or the debt was paid. Include copies, not originals, of any correspondence that proves your point]. I am hereby requesting that you confirm the fact that I owe this debt as required by any applicable state and federal laws. Please contact the creditor to obtain verification.

In addition, under the provisions of state and federal Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), and related consumer statutes, I am hereby instructing you that you are to cease collection of the debt while efforts are made to obtain verification. Until you resolve this error with the creditor, you should neither contact me nor anyone else except the creditor about this collection.

Furthermore, any reporting of this matter to a credit reporting agency is premature. Until you have investigated my dispute, you should not relay negative information to a credit reporting agency. If negative information has already been reported, you will need to notify the agency to remove said report until the investigative process is over so that my credit report remains accurate, or at the very least, my credit report should be updated to reflect my dispute.

Your next contact with me should be either notice that the creditor has failed to provide verification of the debt and that the matter has been closed or that you believe that this debt is valid and are providing proof of my responsibility. If the former, please confirm that I am not being held responsible for the debt in writing and also that if the account has already been noted on my credit report, that you will contact the bureau(s) in question to have the account removed. If the latter, I expect that you will provide me with an explanation as to why you have decided not to remove this account from collections and a copy of all documents relevant to the debt such as the application, bills, records of communications and payments, and any other data that indicates my responsibility.

I am instructing you not to contact any third parties such as my employer, neighbors, friends or family members. In addition, you may not contact me by phone at work or at my home about this collection activity. All future correspondence should be sent to me in writing.

[If you want to still speak to a collector by phone, indicate times when it is okay to contact you or note the name, address, and phone number of your attorney, if you have retained one.]

I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter].

Sincerely,

TYPE OR PRINT YOUR NAME

Your name






This is to give you notice to cease all contact with me or anyone else about this claimed debt except the creditor or consumer reporting agency as necessary to clear my name. I understand that under state and federal law, you may only contact me one more time in order to confirm your receipt of this request.

In addition, the Fair Debt Collection Practices Act gives me the right to a copy of applications or other documents your agency has obtained as proof of the debt. Please forward copies of any such documents you now have or later obtain to me at the above address.

I look forward to your acknowledgement that you have received this notice by [date that is two weeks from date of letter].

Sincerely,

**type or print your name do not sign. your signature can end up on documents you never signed ...****

Your Name

First thing I would do is verify the ssn number and other personal information they have. Also check the previous addresses and other contact info, it may help determine who opened the account. After that, you would want to set up an account ownership dispute w/ the company, request copies of the last couple payments. If they payments were done by phone or anything like that, see if they can find one that was done via check so that you can find a name for the person opening the account, or if there is a checking account in your name aswell. Contact the credit reporting agencies Experian, Equafax, and Transunion and dispute the account reporting on there. Tell them there is an account ownership dispute open with the company in question. After that you kinda need to play it by ear. But that would be the first steps to get it resolved from my experience.