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HELP with Midland Please!!!!


kdbph
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Greetings,

Midland is reporting on my eq file that I made a payment to them on 1/2007. I never made a payment, obvious attempt to reage. Sent an untimely DV letter to them, which they for sure did not respond to!! You already guessed that... I proceeded to file complaint with BBB of san diego, stating the false and misleading representation of this account, and an amicable resolution would be deltetion from all CRAs.

Here is there response to BBB:

Midland became servicer of the account from Jefferson Capitol, on Jan 2006-They attached a partial transaction summary. Also noted that if I need to resolve, they had outsourced this to Burton Neil Asso law firm in PA on may 2007!!! They refused to address the fact that they have lied by stating I made a payment on this incorrect acct. Should I proceed with Attorney General or law suit???

Please help CreditInfo Fam>>>>>>

Kelly :evil:

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Midland is the devil.

That said, you need to respond to the BBB reply from them outlining the FDCPA violations. Tell them in no uncertain terms that reporting false info to the CRA's is a crime that can be punished by fines. Also bring up to them that you are not going to play their game and that if they do not immediately pull back the account, delete it from your CR, and send you a letter stating that they will never try to collect, sell, or assign the debt again.

In close, tell them that you intend to file suit if they do not follow through with it.

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Midland is the devil.

That said, you need to respond to the BBB reply from them outlining the FDCPA violations. Tell them in no uncertain terms that reporting false info to the CRA's is a crime that can be punished by fines. Also bring up to them that you are not going to play their game and that if they do not immediately pull back the account, delete it from your CR, and send you a letter stating that they will never try to collect, sell, or assign the debt again.

In close, tell them that you intend to file suit if they do not follow through with it.

Bohdi,

Thanks just did all of that via the email response to the BBB of San Diego. Stated that they are breaking the law. This is a blatant violation of my rights under the Federal Statues, and I do intend to file suit if the info is not expunged immediately. They are the devil!!!! The BBB responded they would be forwarding that response to them. What do you think.....

Kelly xangelx

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Midland is the devil.

That said, you need to respond to the BBB reply from them outlining the FDCPA violations. Tell them in no uncertain terms that reporting false info to the CRA's is a crime that can be punished by fines. Also bring up to them that you are not going to play their game and that if they do not immediately pull back the account, delete it from your CR, and send you a letter stating that they will never try to collect, sell, or assign the debt again.

In close, tell them that you intend to file suit if they do not follow through with it.

Also, fired off a nice little packet to my PA AG.

Kelly :wink:

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The BBB responded they would be forwarding that response to them. What do you think.....

BBB is toothless and a waste of oxygen. State AGs generally do not get interested unless they see a obvious pattern of egregious behavior (like some of the Buffalo based collection law firms recently). FTC has the power to investigate and fine collection agencies (which they do from time to time) but they don't pursue individual violations -- they just make a mark on their ticklist until it gets really long.

There are no FDCPA cops. The only way to get traction is in court.

If you are convinced there is a violation and you can prove it, why don't you just file your lawsuit?

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I disagree with you in this case Debt Guy Midland is a member of the BBB and they want to remain so apparently. They usually get their fannies in gear once the BBB gets in on the act and get things moving fairly swiflly. At least they did for me.

In the meantime here are some names of Midland exects that have been helpful in the past.

i constantly bombarded them with emails here are the email addresses. Michelle Lusk is the compliance analyst

carl.gregory@encorecapitalgroup.com,

barry.barkley@encorecapitalgroup.com,

brandon.black@encorecapitalgroup.com,

george.brooker@encorecapitalgroup.com,

alison.james@encorecapitalgroup.com,

robin.pruitt@encorecapitalgroup.com,

john.treiman@encorecapitalgroup.com,

Rita.Melconian@MCMCG.COM, Brian.Frary@MCMCG.COM

CC: michelle.lusk@encorecapitalgroup.com,

michelle.lusk@mcmcg.com

If any of these are use ful for you please feel free.

Blessings

Moriah

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The BBB responded they would be forwarding that response to them. What do you think.....

BBB is toothless and a waste of oxygen. State AGs generally do not get interested unless they see a obvious pattern of egregious behavior (like some of the Buffalo based collection law firms recently). FTC has the power to investigate and fine collection agencies (which they do from time to time) but they don't pursue individual violations -- they just make a mark on their ticklist until it gets really long.

There are no FDCPA cops. The only way to get traction is in court.

If you are convinced there is a violation and you can prove it, why don't you just file your lawsuit?

Debtguy,

As Moriah stated, Midland apparently does care what happens through the BBB. They cared enough to provide me with letters through the BBB outlining their violations of the FDCPA concerning my alleged account with them. They also cared enough to include a letter in our final correspondence through the BBB that outlined they would never sell the debt again, never try to collect on it again, and that they would close the account forever.

Now, I do not know about all members of the BBB, but I do know that so far, the only way to get Midland to respond to anything is through the BBB or bombarding their executives with emails. I chose the first and it was simple, and provided court admissable evidence in their transgressions against me. ;)

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Then this is the first time in my 35 years of banking, financial services and consulting I have ever seen BBB have any stroke over a debt buyer. Candidly, I cannot explain Midland's behavior in this matter since membership in BBB confers no benefits to a company like theirs. Other than closing their membership, BBB has no authority over any of their members.

I've been a member of BBB for many years. Membership is not cheap and is almost always a marketing tool to acquire new customers. Since Midland acquires their "customers" by buying the debt from the OC, I am at a loss to understand why they would even care.

Wonders never cease. I am glad this worked for you and I can only speculate that the president of Midland thinks of himself as a mover and shaker in the elite business community where BBB membership somehow adds to his image and prestige. In the big picture, I still think complaints to the BBB are a waste of postage.

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I disagree with you in this case Debt Guy Midland is a member of the BBB and they want to remain so apparently. They usually get their fannies in gear once the BBB gets in on the act and get things moving fairly swiflly. At least they did for me.

In the meantime here are some names of Midland exects that have been helpful in the past.

i constantly bombarded them with emails here are the email addresses. Michelle Lusk is the compliance analyst

carl.gregory@encorecapitalgroup.com,

barry.barkley@encorecapitalgroup.com,

brandon.black@encorecapitalgroup.com,

george.brooker@encorecapitalgroup.com,

alison.james@encorecapitalgroup.com,

robin.pruitt@encorecapitalgroup.com,

john.treiman@encorecapitalgroup.com,

Rita.Melconian@MCMCG.COM, Brian.Frary@MCMCG.COM

CC: michelle.lusk@encorecapitalgroup.com,

michelle.lusk@mcmcg.com

If any of these are use ful for you please feel free.

Blessings

Moriah

OH MORAIAH,

I appreciate the fact that you provided that info!!! I really appreciate it, I want to be a thorne in their sides until this crap goes away.

Thanks much Credit FAM!!

xdancex

Kell

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LOL That's why I do online BBB Complaints - no postage involved :wink:

Just being facetious DG, I know what you mean (and I share the same feeling for the most part)

Amerikaner,

Bout time you showed me a little response LOVE!!! 8-)

Kelly

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Then this is the first time in my 35 years of banking, financial services and consulting I have ever seen BBB have any stroke over a debt buyer. Candidly, I cannot explain Midland's behavior in this matter since membership in BBB confers no benefits to a company like theirs. Other than closing their membership, BBB has no authority over any of their members.

I've been a member of BBB for many years. Membership is not cheap and is almost always a marketing tool to acquire new customers. Since Midland acquires their "customers" by buying the debt from the OC, I am at a loss to understand why they would even care.

Wonders never cease. I am glad this worked for you and I can only speculate that the president of Midland thinks of himself as a mover and shaker in the elite business community where BBB membership somehow adds to his image and prestige. In the big picture, I still think complaints to the BBB are a waste of postage.

DebtGuy,

That's why I saved my postage to BBB, and used it for the AG goodie packet!! SMILE :)++

Kelly

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LOL That's why I do online BBB Complaints - no postage involved :wink:

Just being facetious DG, I know what you mean (and I share the same feeling for the most part)

Amerikaner,

Thanks for finally givin me some response love!!! Smile 8-)

Kelly

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Filings with the BBB and AG has work for tons of people. Many CA and JDB cave once one is filed.

Arrow, Midland, Asset and many other have been known to cave to this.

Since the debt guy/gal has responded to allot of post with there are no FDCRA cops out there, it tells me that person is not on our side. It tells me that they know the laws and yet seem to not give any help in any post other then if you file a lawsuit, which this person knows many do not have to knowledge yet to do so.

If you have not heard of many CA and JDB caving in with BBB and AG filings, that alone tells me you are not on the credit repair side of the issue much.

All you have to do is read this board and one other board to find out that certain companies cannot stand a lfaw showing on their BBB report, Midland is one of them.

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The BBB responded they would be forwarding that response to them. What do you think.....

BBB is toothless and a waste of oxygen. State AGs generally do not get interested unless they see a obvious pattern of egregious behavior (like some of the Buffalo based collection law firms recently). FTC has the power to investigate and fine collection agencies (which they do from time to time) but they don't pursue individual violations -- they just make a mark on their ticklist until it gets really long.

There are no FDCPA cops. The only way to get traction is in court.

If you are convinced there is a violation and you can prove it, why don't you just file your lawsuit?

I COMPLETELY disagree. My BBB complaints (ten so far) have resulted in eight deletions from my credit report. The other two the company never responded and that really isn't the BBB's fault unless you think they should hire Mario and the boys to drive over and rough them up for ignoring the complaint.

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Filings with the BBB and AG has work for tons of people. Many CA and JDB cave once one is filed.

Arrow, Midland, Asset and many other have been known to cave to this.

Since the debt guy/gal has responded to allot of post with there are no FDCRA cops out there, it tells me that person is not on our side. It tells me that they know the laws and yet seem to not give any help in any post other then if you file a lawsuit, which this person knows many do not have to knowledge yet to do so.

If you have not heard of many CA and JDB caving in with BBB and AG filings, that alone tells me you are not on the credit repair side of the issue much.

All you have to do is read this board and one other board to find out that certain companies cannot stand a lfaw showing on their BBB report, Midland is one of them.

Word Poor Credit,

Thanks, because I have heard wavering viewpoints as well. Some even call the BBB toothless! But they (Midland) did respond in a timely mannor. Now, let's see how they respond to my intent to sue response because of their disregard for the law. The BBB said they will respond in 2. Also the BBB said to complain to the California Board of Collectors, which I did as well. Apparently this board holds them to some sort of standard.

Kelly:)++

Thanks CredFAm!!

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I COMPLETELY disagree. My BBB complaints (ten so far) have resulted in eight deletions from my credit report. The other two the company never responded and that really isn't the BBB's fault unless you think they should hire Mario and the boys to drive over and rough them up for ignoring the complaint.

FUNNEE!! :ROFLMAO2:

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OK, everybody. I am bookmarking this thread for next time someone asks me about success with BBB.

I'm glad you've all had success. It is just beyond the pale of my experience. My thoughts have been appropriately adjusted.

BBB, does have a litttle pull (as an update to the thread) Just recieved an email from the vice president of compliance of AlliedInterstate. Regarding, lack of response to a timely debt validation. This was prompted by the BBB of OHIO.

Theory is just that, theory.

KEllyxangelx

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Debtguy,

As Moriah stated, Midland apparently does care what happens through the BBB. They cared enough to provide me with letters through the BBB outlining their violations of the FDCPA concerning my alleged account with them. They also cared enough to include a letter in our final correspondence through the BBB that outlined they would never sell the debt again, never try to collect on it again, and that they would close the account forever.

Now, I do not know about all members of the BBB, but I do know that so far, the only way to get Midland to respond to anything is through the BBB or bombarding their executives with emails. I chose the first and it was simple, and provided court admissable evidence in their transgressions against me. ;)

can you post or email me a copy of the letter you sent them? I need something similiar

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OK, everybody. I am bookmarking this thread for next time someone asks me about success with BBB.

I'm glad you've all had success. It is just beyond the pale of my experience. My thoughts have been appropriately adjusted.

Guess what, just got a call from the VP if compliance from allied regarding a BBB complaint. She notified me she would be deleted all info related to account. Add another one Debt Guy.

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xdancexmichelle.lusk@encorecapitalgroup.com,

michelle.lusk@mcmcg.com

If any of these are use ful for you please feel free.

Blessings

Moriah

Just fired off this email to Michelle Lusk, I will keep my fingers crossed!!

Dear Ms. Lusk,

Re: Acct #xxxxxxx Aspire Visa

I am writing you in regards to the above mentioned account. On 11//2007, I sent your organization a formal request for validation of this account. It was signed for and received by B. Sanchez on Nov 20th 2007. Me likewise and ignored me yet verified with the Bureaus!You are falsely reporting to the Credit Reporting Agencies that I have made a payment on the alleged account; in Jan of 2007 (This is referenced on my Equifax Credit File). I have made no such payment to your organization at any point in time. Midland can provide no proof of such payment. Trade Lines reporting on Credit Files must be accurate or the tradlines must be deleted by law. Your organization may not falsely submit information that does not exist regarding payments on the alleged account. Ms Lusk, as you know, this is a direct violation of Federal Statues:

1) Misrepresentations by the collector about themselves or the debt are actionable regardless of intent. Protection under the FDCPA / Case law- Gearing v. Check Brokerage Corp Cacace v. Lucas, 775 F. Supp. 502, 505 (D. Conn. 1990) $1,000 fine

2) Creditors or collection agencies, and credit bureaus if they try and “Re-age” your account by updating the date of last activity on your credit report in the hopes of keeping negative information on your account longer -FCRA Section 605

© Running of the reporting period

I have proceeded to file a complaint with San Diego BBB against your organization in which you responded that the debt in question is being reported accurately. In a response received by the BBB of San Diego written by Ann Stipica (Dated Dec 28th 2007), It was stated that you have outsourced this account (xxxxxxx) to Burton Neil & Associates on May 19th of 2007, going forward I should contact them directly.

If this account has been "outsourced" to Burton Neil & Associates, Midland Credit Management is in violation for currently reporting inaccurate information on an account they no longer own Is there a statute regarding this one?) I have OC's doing this and letters from them telling me they sold the account long ago.to both Experian/ Transunion and Equifax, and for "validating" this account with the Experian & Transunion during the month of November 2007. In Ms. Stipica's letter she stated that, “to date I have provided midland with no documentation to substantiate my dispute”. I have no obligation to provide you with information as to why a debt is NOT mine. If you are reporting this debt lawfully, then you should hold in your possession validation that I signed for these items and agreed to be held legally responsible for any debts & interest. Please remove this account from my Transunion, Equifax and Experian Credit Files immediately, as I am prepared to take legal action against Midland Credit Management. Please note Ms. Lusk that I will be filing complaints with the PA Attorney General’s office, as well as the California Board of Collections. Please know that I have detailed documentation, and Midland is breaking the law by claiming to have received in form of payment from me, in an attempt to re-age the above mentioned account.

Regards you rat bastards!!!

Kel xdancex

IF They want to be a pain in my side, I will be a pain in their's!!!

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Well folks,

Updated the thread, I contacted The BBB of SD regarding midland falsely reporting and verifying that I have made payments to them resulting in 120 day past due status. Well, their response (Ms Lusk), first they responded the debt was mine an accurate. And that they had outsourced to a scumbag law firm. I fired back a rebuttal, that they are in direct violation of the laws via false misrep of the debt. They stated in their retort, we have no knowledge that Kell made a payment to Midland!! We then why the hell did you verify it!! Also, you claim you outsourced, yet you still verify with CRA's!! Set complaint to PA AGs offices as well as the California Board of Collectors. Apparently, they are suppose to govern the ethical practice of these scums!!

If I get no results from the AG or Association, I have no choice but to sue these Bastards. I HATE Midland. They have been involved in Class Actions up the Wazoo!!!! I want to beat the crap out of Miss Lusk!!

Kell:twisted:

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