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  • Report:  #1137377

Complaint Review: Midland Credit Management - San Diego California

Reported By:
FlowrHuntr - Los Osos, California,
Submitted:
Updated:

Midland Credit Management
8875 Aero Drive San Diego, 92123 California, USA
Phone:
800-825-8131
Web:
www.midlandcreditonline.com
Categories:
Tell us has your experience with this business or person been good? What's this?

I am writing to in response to a letter I received dated 02-07-2014 demanding payment from me for a debt I do not believe I owe. To date, you are the fourth debt collector that has contacted me regarding this debt, which, incidentally, I have no knowledge of.  Therefore, in accordance with my rights under the Fair Debt Collection Practices Act , Section 809(b), I am formally requesting that you provide me with the following:

                 1. Proof that I owe this debt,

                2. Proof that you own this debt,

                3. Proof that you are licensed and attempting to collect this debt legally,

                4. Proof that the amount you are asking for is the amount that I actually owe,

                5. and proof of the last payment made on this account.

 

I am asserting my rights under the federal and state Fair Debt Collection Practices Acts and the Fair Credit Reporting Act, including these rights: 

 • Because I have disputed this debt in writing within 30 days of receipt of your initial notice, you must obtain verification of the debt or a copy of the judgment against me and mail these items to me at your expense. 

 • You cannot add interest or fees except those allowed by the original contract or state law. 

 • Any attempt to collect this debt without validating it violates the FDCPA.

 Also be advised that I am aware of the recent government actions and subsequent ruling against your company for violations of the law regarding debt collections, attempting to collect debts from the wrong people  and the filing of false affidavits in court. I am aware that the judgment against you requires you to, before any collection attempt is made, to investigate the matter and, if you cannot substantiate the debt, close the account and correct any adverse credit reporting. Be advised that I am keeping accurate records of all correspondence from you and your company, including recording all phone calls, and I will not hesitate to report violations of the law to my State Attorney General, the Federal Trade Commission and the Better Business Bureau. 

 I have disputed this debt. Therefore, until it is validated, your information concerning this debt is assumed to be inaccurate. Accordingly, if you have already reported this debt to any credit-reporting agency (CRA) or Credit Bureau (CB), then you must immediately inform them of my dispute with this debt.

Reporting information that you know to be inaccurate or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2. Should you pursue a judgment without validating this debt, I will inform the judge and request that the case be dismissed based on your failure to comply with the FDCPA. 

 Finally, if you do not own this debt, I demand that you immediately send a copy of this dispute letter to the original creditor so they are also aware that I dispute the debt. 

Siincerely,

  



2 Updates & Rebuttals

Rduke007

Fort lee,
New Jersey,
FTC complaints don't pay - demand letter / lawsuits do

#2Consumer Comment

Fri, February 06, 2015

ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/fair-debt-collection-practices-act-text

Draft and mail a copy of a proposed lawsuit with a demand letter.

If they don't pay you to settle, file the suit / complaint in your local superior courthouse.

Feel free to email me for more info or sample complaints/ demand letter.

Marty

Fort lee NJ 07024

[email protected]


EdH

Harrisburg,
Pennsylvania,
File a Complaint

#3Consumer Suggestion

Fri, June 13, 2014

 File a complaint at the Federal Trade Commission website. www.ftc.gov Collection agencies have rules that they have to follow in order to collect a debt. If this company is breaking the rules they need to be dealt with. If you owe a debt then find a way to pay it but if you do not owe a debt don't give in to the harassment. Many people working for these companies are too lazy to do the Due Diligence to find the actual debtor. They'll settle on an innocent party and harass them unmercifully.

You can check your credit history and all of the loans, and credit cards you've ever had by getting a credit report. You can get a free credit report by logging on to any of the three credit reporting agency websites. The agencies are Experian, Trans Union and Equifax. You can get one free credit report a year and you can print it on your home printer. You will have to pay to get your actual credit score.

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