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Report: #235772

Complaint Review: Midland Funding - Midland Credit Management, INC - San Diego California

  • Submitted:
  • Updated:
  • Reported By: Sun Prairie Wisconsin
  • Author Confirmed What's this?
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  • Midland Funding - Midland Credit Management, INC 8875 Aero Drive, Suite 200 San Diego, California U.S.A.

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In 9/2006 I was first sent a debt collection notice from Mitchell & Kay for a past bill from MCI Communications. I have never had MCI Communications.

I called the number, gave them the "account number" from the letter and told them I have never done business with MCI. They said they would take care of this bill and hung up on me.

3 weeks ago I see that this bogus bill is now listed on my credit report under the name of Midland Funding. I had throw away the letter thinking it was taken care of.

Now I have recieved anothe notice from MCM: Midland Credit Management, Inc offering me a 10% off my current balance which is the same amount as the previous letter.

How can they do this? Plus it is being sent to a previous address.

Judy
Sun Prairie, Wisconsin
U.S.A.

This report was posted on Ripoff Report on 02/13/2007 06:42 AM and is a permanent record located here: https://www.ripoffreport.com/reports/midland-funding-midland-credit-management-inc/san-diego-california-92123/midland-funding-llc-midland-credit-management-inc-bogus-bill-from-mci-communications-san-235772. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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REBUTTALS & REPLIES:
0Author
7Consumer
0Employee/Owner

#7 Consumer Suggestion

Wisconsin Law

AUTHOR: Benn - (U.S.A.)

POSTED: Monday, February 19, 2007

I have a current issue against Midland Credit myself for buying a debt that was also no valid. I STRONGLY suggest that you IMMEDIATELY file a complaint via the web to the State of Wisconsin-Financial Affairs division.

This is the website directly to filing a complaint. DO this immediately as soon as you read this. Do nothng else - DO THIS IMMEDIATELY!

The case that I have against Midland Credit is now getting hot. They ignored the state to provide proof of the debt and after nearly a year and a half they sold the bad debt to another collection agency. I immediately refiled a complaint with the state and last I heard the state has threatened them with legal action for selling a bad debt and for ignoring the state.

These dogs need to be punished and punished hard. PLEASE file a complaint immediately. Your case and mine is proof this collection agency needs to be punished.

FYI: They are also not registered to do collections in the state of Wisconsin. The state demanded that they file immediately as a collections agency that is collecting from residents in the state.

If you need more help, please let me know.

(((ROR REDACTED EMAIL FOR SECURITY PURPOSES)))

sorry, allowing you to give a competitors name would instigate others to just file against their competition, to only come back later to suggest their company your comments on this policy are welcome! CLICK here to see why Rip-off Report, as a matter of policy, deleted either a phone number, link or e-mail address from this Report.

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#6 Consumer Suggestion

Here is the law on that 30 day period

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)

POSTED: Sunday, February 18, 2007

This comes directly from the FDCPA: Pay particular attention to the last paragraph marked (c).

809. Validation of debts [15 USC 1692g]

(a) 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) If the consumer notifies the debt collector in writing within the thirty-day period described in subsection (a) 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 any 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) 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.

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#5 Consumer Suggestion

Judy, DISREGARD the BAD INFORMATION from K [the collector]- Wichita, Kansas

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)

POSTED: Sunday, February 18, 2007

Judy,

First of all, STAY OFF THE PHONE!! Never call or speak to any debt collector on the phone! NEVER!!

Second, that 30 day period is only for internal use by the collection agency and has absolutely no bearing on your legal rights. This comes straight from the FDCPA. If you NEVER respond to a collection notice, your legal rights are unaffected. This is just another collection agency intimidation tactic.

Communicate ONLY in writing and ONLY by certified mail, return reciept requested. Be sure to put the certified# on the letter itself, and keep a copy for your records. NEVER sign the letter! Just print or initial. It is not uncommon for these types of bottomfeeders to transfer your signature onto a contract. It happens more than you think.

By the means above, send a DEBT VALIDATION request to them where you clearly deny the debt, and DEMAND to see the original signed contract that created it as well as a full account history and itemization of all charges.

Also demand to see whatever legal authority they have to collect on the debt as well as that they are licensed to do debt collections in your state and theirs.

If they claim to have purchased the debt, dmand to see the purchase contract and proof of payment including price paid, as well as a full chain of title of said debt.

They would need all of this in court to win, and they know it.

You have the right to sue them for the frivolous collections attempt and the negative reporting to your credit. Do this right away. It is the only thing they understand.

Don't get mad, GET PAID!!

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#4 Consumer Suggestion

Judy, DISREGARD the BAD INFORMATION from K [the collector]- Wichita, Kansas

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)

POSTED: Sunday, February 18, 2007

Judy,

First of all, STAY OFF THE PHONE!! Never call or speak to any debt collector on the phone! NEVER!!

Second, that 30 day period is only for internal use by the collection agency and has absolutely no bearing on your legal rights. This comes straight from the FDCPA. If you NEVER respond to a collection notice, your legal rights are unaffected. This is just another collection agency intimidation tactic.

Communicate ONLY in writing and ONLY by certified mail, return reciept requested. Be sure to put the certified# on the letter itself, and keep a copy for your records. NEVER sign the letter! Just print or initial. It is not uncommon for these types of bottomfeeders to transfer your signature onto a contract. It happens more than you think.

By the means above, send a DEBT VALIDATION request to them where you clearly deny the debt, and DEMAND to see the original signed contract that created it as well as a full account history and itemization of all charges.

Also demand to see whatever legal authority they have to collect on the debt as well as that they are licensed to do debt collections in your state and theirs.

If they claim to have purchased the debt, dmand to see the purchase contract and proof of payment including price paid, as well as a full chain of title of said debt.

They would need all of this in court to win, and they know it.

You have the right to sue them for the frivolous collections attempt and the negative reporting to your credit. Do this right away. It is the only thing they understand.

Don't get mad, GET PAID!!

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#3 Consumer Suggestion

Judy, DISREGARD the BAD INFORMATION from K [the collector]- Wichita, Kansas

AUTHOR: Steve [Not A Lawyer] - (U.S.A.)

POSTED: Sunday, February 18, 2007

Judy,

First of all, STAY OFF THE PHONE!! Never call or speak to any debt collector on the phone! NEVER!!

Second, that 30 day period is only for internal use by the collection agency and has absolutely no bearing on your legal rights. This comes straight from the FDCPA. If you NEVER respond to a collection notice, your legal rights are unaffected. This is just another collection agency intimidation tactic.

Communicate ONLY in writing and ONLY by certified mail, return reciept requested. Be sure to put the certified# on the letter itself, and keep a copy for your records. NEVER sign the letter! Just print or initial. It is not uncommon for these types of bottomfeeders to transfer your signature onto a contract. It happens more than you think.

By the means above, send a DEBT VALIDATION request to them where you clearly deny the debt, and DEMAND to see the original signed contract that created it as well as a full account history and itemization of all charges.

Also demand to see whatever legal authority they have to collect on the debt as well as that they are licensed to do debt collections in your state and theirs.

If they claim to have purchased the debt, dmand to see the purchase contract and proof of payment including price paid, as well as a full chain of title of said debt.

They would need all of this in court to win, and they know it.

You have the right to sue them for the frivolous collections attempt and the negative reporting to your credit. Do this right away. It is the only thing they understand.

Don't get mad, GET PAID!!

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#2 Consumer Suggestion

Judy

AUTHOR: J - (U.S.A.)

POSTED: Saturday, February 17, 2007

you can still dispute this, not only with midland, but with the credit bureau it was reported too.

Midland is still required by law to send you a collection letter, not place an unvalidated debt on your credit report, Just because Mitchell & Kay send a collection notice, Midland can't assume a notice was send and just place something on your report.

Dispute this with the credit bureau, as not mine, and have the credit bureau, sent to you whatever was used to validate this debt, and if it gets removed and place back on in a few months as Midland is great for doing, file a suit against them.

you should also file a complaint with the California attorney general office and with the Wisconsin office also.

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#1 Consumer Suggestion

DV

AUTHOR: K - (U.S.A.)

POSTED: Friday, February 16, 2007

You need to dispute the account to them within the 1st 30 days of receiving your notice as defined by the FDCPA. The letter instructs you of this as well. Unless you notify this office within 30 days. Simply telling them over the phone is not sufficient.

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