Sgt Wright,T.L

Midland Credit Management and small claims court

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Hi everyone. I received a letter from Midland Credit Management saying that they are taking legal actions on a credit card originally owned by Credit One Bank, N.A. and was purchased by Midland Funding PLC. The amount they say that is owed is $615.45. Midland states that I applied for credit with Credit One Bank back in August of 2016. I only learned about this account this year when I received that letter and requested for my free credit reports from the 3 credit reporting agencies.  I never applied for any credit in 2016 and I wrote to Midland Credit Management for variable proof that this account was indeed mine. They sent me a billing statement with my printed name and address as variable proof but nothing with my signature. I did have credit with Citibank but I closed that account in July of 2017 for fraudulent charges being made and on my credit report I got this year it showed that I have had addresses in Florida and also Michigan. I have written to all three credit reporting agencies about that and they still have not corrected the information or checked the Credit One Bank for actual proof that this credit card was mine and that I was a victim of identity fraud. I have written to all three credit reporting agencies, Credit One and Midland Credit Management to correct the problem but Credit One Bank and Midland Credit Management keeps appearing on all three credit reports. My credit reports do not show that I have an ongoing dispute with Credit One Bank or Midland Credit Management.  I live in Hawaii and I know that Midland Credit Management uses a lawyer from Honolulu but I did not get the letter saying that he will be taking legal action against me but I got the letter from Midland Credit Management located in San Diego, .CA. I want to take Midland Credit Management to small claims courts here in Hawaii for several violations of the FCRA and failure to send me variable proof that this account was ever mine and for some other violations such as willful enablement of identity fraud and for emotional stress since this has lowered my credit score so that I have been unable to use my VA home loan guarantee to purchase a home with no money down and with low interest rates. I found out by looking up on Hawaii Secretary of State that Midland Credit Management has an agent in Honolulu in the name of (CBC Services of Hawaii, Inc). Should I send them the small claims notice with both Midland Credit Management and Midland Funding LLC as the defendants. It seems to me that Midland Credit Management will not do anything to correct this problem and I also believe that they know that this debt is not mine at all and are unwilling to correct this problem. I have kept all letters that I have mailed via verified mail, signature required,  all copies of letters sent to me saying that this account has been verified by a billing statement and all copies of my credit reports that I have been getting each month now. I know that Midland uses a Lawer from Honolulu and his name is Marvin Dang. Since he did not send me the letter saying that Midland will be taking me to court, I do not think I should send any legal documents to him. I rather file a small claims case here on the Island that I live on and have Midland spend money to fly this lawyer from Honolulu to my Island and have Midland spend more money on trying to collect $650 from a debt that was never mine to begin with and hopefully my credit report will improve so that I can purchase a home soon but so far have lost out on 4 homes due to a low credit score that has effectively hurt my chances of using my VAhome loan guarantee with no money down. My credit score right now is between 600 and 620 and I need 720 if I want to use the VA home loan no money down. Am I going at this the right way or should I be doing something different. I am tired of writing letters every 30 days only to get the same results.

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6 hours ago, Sgt Wright,T.L said:

Am I going at this the right way or should I be doing something different.

Yes, you are going about this in the wrong way.  Simply writing letters to creditor(s) and the bureau(s) stating the account is not yours and is identity theft is not how you combat true identity theft.  It does not matter it happened a while ago you need to immediately file a police report with your local precinct and a FACTA Identity Theft Report.  Send copies certified mail to Midland and Credit One along with all 3 bureaus requesting removal of the account due to identity theft.  If they still do not respond after that point THEN you can consider suing them.

6 hours ago, Sgt Wright,T.L said:

I want to take Midland Credit Management to small claims courts here in Hawaii for several violations of the FCRA and failure to send me variable proof that this account was ever mine and for some other violations such as willful enablement of identity fraud and for emotional stress since this has lowered my credit score so that I have been unable to use my VA home loan guarantee to purchase a home with no money down and with low interest rates.

This is not a basis for a lawsuit against Midland or the bureaus.  Unfortunately when it comes to identity theft the burden is on the consumer to establish this is what happened and clean it up.  As for Midland willfully enabling identity theft:  NEVER going to stick in court.  Midland came into the picture AFTER the account defaulted and was sold to them.  The identity theft happened LONG before that  They are not responsible fot the actions of the thief any more than the bureaus.  If neither the bureaus nor creditors correct the issue after being notified it was identity theft THEN you could potentially have a case.  Your other problem is Midland has NO legal obligation to prove the account is yours until they sue you in court.  Unless that happens they are free to ignore all your demands for proof this is your account.

6 hours ago, Sgt Wright,T.L said:

I know that Midland uses a Lawer from Honolulu and his name is Marvin Dang. Since he did not send me the letter saying that Midland will be taking me to court, I do not think I should send any legal documents to him. I rather file a small claims case here on the Island that I live on and have Midland spend money to fly this lawyer from Honolulu to my Island

If he hasn't contacted you then there is NO reason to involve him.  Midland does not have to spend money to fly him there they can simply hire a local yokel to do it.  Even if they did fly him in they would stack it with a weeks worth of cases against multiple defendants to make the cost worth it.

 

In future posts please use paragraphs.  One large block of text is difficult to read and decipher.

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Ok, got some good information from you all and thank you for that.

Since this credit card was opened without my knowledge 2 years ago, wouldn't that be kinda late to make a police report since now collections are after me for payment?

I am just trying to figure out the right way to proceed with this especially since this account was never mine at all.

I also do not understand why my credit reports are not showing that the credit card company and Midland Funding Management as being disputed by consumer.

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9 hours ago, Sgt Wright,T.L said:

Since this credit card was opened without my knowledge 2 years ago, wouldn't that be kinda late to make a police report since now collections are after me for payment?

Not at all.  Most consumers find out about the identity theft that way.

9 hours ago, Sgt Wright,T.L said:

I also do not understand why my credit reports are not showing that the credit card company and Midland Funding Management as being disputed by consumer.

Depends on how you worded the letters.

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