• Report: #470656

Complaint Review: Midland Credit Management, Inc. /Midland Funding A Subsidiary Of Encore Capital Group,

  • Submitted: Fri, July 17, 2009
  • Updated: Fri, July 17, 2009

  • Reported By:long island New York
Midland Credit Management, Inc. /Midland Funding A Subsidiary Of Encore Capital Group,
8875 Aero Dr. Ste 200 San Diego, California U.S.A.

Midland Credit Management, Inc./Midland Funding A Subsidiary Of Encore Capital Group, Midland Credit Corp MCM, started out as a small bottom feeder prior to the shark or whale status they now enjoy San Diego California

*Consumer Suggestion: FDCPA Old debts

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Midland Funding LLC. Last December I received a court summons from Midland Funding LLC for a credit card account from Aspire Visa that had been charged off over three years ago. The balance was over $1600. I answered the summons and asked for all the paper work ie- signed contract with Aspire Visa, signed contract with Midland Funding, ETC. ETC. All they sent me was the standard brochure that is enclosed with every credit card offer and a statement claiming Midland Funding owned the debt. Well 2 days ago their lawyer's office started to call me. They wanted to settle the account. Today was the day at 1pm in Northern Carroll County Court. I arrived at 12 pm. The clerk ask my name, then told me she had a message for me. It was a fax from the lawyer's office saying Midland Funding had dropped the suit. THIS GOES TO SHOW YOU, DO NOT BACK DOWN STAND UP TO MIDLAND FUNDING.

March 2009 This collection agency calls and harasses me numerous times a day. I have been polite in asking them for debt verification as well as any info they may have regarding a debt that is 5 years old. I have even called the original creditor and they have no record or file as this debt must have been sold and traded with other collection agencies before Midland bought and retained this debt. This company is known for buying old debts that are almost uncollectible for cheap buy and trying to charge the consumer for the original debt plus a daily accruing interest rate. I have even called and asked for there customer service manager and they refused to give me a lead person and they will not help me unless I agree to settle this debt and give them either a credit card or other immediate form of payment. They even sent me a letter one time saying that this will make it to further collection stages such as arbitration or possible litigation. I also have a letter saying if I pay this debt as agreed either in full or via there payment plan they will report to the bureau that this is PAID IN FULL. But in little letters at the bottom of the letter it also says. YOUR CREDIT REPORT WILL NOT BE UPDATED IF THE FEDERAL REPORTING PERIOD HAS EXPIRED.. is this legal because I have never got such a letter from another collector saying that in there letter. I have also sent a formal complaint to the Government for there investigation over there business and collection acts.

March 2009 Midland Credit Management, Inc., 8875 Aero Drive, Suite 200, San Diego 92123 is bonded. Registration #4355. Initial date of 5-15-03. Expiration date 5-15-09. I'm suing them both. Both Asset and Midland could not validated debt. Midland also redated- information to make it look like I paid in 2008, continued to call, SOL has well expired and this debt was in dispute with Verizon that was dropped almost 10 years ago. In addition, I'm also suing CMG for opening and reporting an account with a $10,000.00 line of credit that I never authorized, signed for, etc. It's on my credit filed as opened in 11/2005, closed 12/2005.

March 2009 I was served with court papers from Midland Funding LLC in January 2008 after sending a debt validation letter to Midland Credit in December 2007. They were represented by Hayt, Hayt & Landau in Florida. After a year and 3 months, final judgment was rendered in my favor. I appeared pro se and the lawyer from Hayt, Hayt, & Landau actually had the audacity to laugh in my face as I presented my case.

March 2009 Midland is suing us for a time barred debt. The SOL is way past 4 years for PA. The DOLA alone is 7/2002 according to one of the major CRA's and we have collections letters from 2 other JDB's previous to Midland trying to attempt to collect when out of SOL.

March 2009 Would just like to say "thank you" to your website. The information I received from your website helped me to fight off Midland Credit Management. I followed some of the letters that were posted filed them with the court after I received my summons and they were not able to validate the debt and we just received the Order of Dismissal from the court. I am so glad I did fight them and filed papers and sent certified letters it was well worth it.

February 2009 I am currently being sued by Midland Funding LLC, they have enlisted the attorneys of Wetsch and Abbott PLC Attorneys at Law. Midlands Funding has tried to sue me for another account just last month I showed up in court and they did not and the case was dismissed. Shortly after that I received another summons for another account that Midlands has acquired. But this time they are using these attorneys. They filed a form 400 through the state of Minnesota. Not sure what all this means. I do have a question I live in Nebraska where I have lived for 3 yrs. SOL is 4 years. They are suing me in Iowa where the SOL is 5 years. Which SOL can I use? (They served paper at my parents home in Iowa) Can they file in a state that I do not live in? I have requested that validate the debt but they have not done that. The summons states that the final statement on this account reveals the amt owed is 9300.00 from 2004. I have asked them to supply me with original documentation of the debt showing my signature am I out of line asking for the original documents. The reason for that is I do not ever remember having this debt or applying for this debt.

February 2009 I hardly got any mail from them, I've moved a lot and started getting phone calls. I went through some old mail and saw they were trying to collect for a cc that had been removed from my credit. it was opened in 2001 and I let a roommate use it to get his car out of towing and he moved! They then say they sold it to you got served.com which doesn't even know what i'm talking about and I got served 2 weeks ago from guielamo and assoc in Tucson az another collection/law firm.

February 2009 Received NOTHING from this collector until I got an income execution letter from a court case in the City of Syracuse Court. Apparently I got sued and lost. Never got a summons or anything to appear or speak on my behalf. Cannot get any info from Midland Funding's attorney Rubin and Rothman. HORRIBLE people to deal with. They don't treat you as a human your a file number.

January 2009 my daughter had owed $943.00 on a credit card that she ignored for about two years. She had received phone calls to pay off the card and also ignored them. All of a sudden with no notices midland management shows up and takes her car to sell and pay off the debt. They now want 3 times the amount of the loan to get the car back or will sell it. Calling them they will not tell me anything expect how much it will cost to get the car back.

January 2009 I received a letter last year saying I owed them 14,000 and that if I would send in the delinquent 105 my account would be currant. After reading your site I sent a letter of validation certified mail. There was no original creditor listed and no date. I frankly didn't know what they where talking about! The letter was signed for on December 3, 2007 and on December 4,2007 I was served at my home. I was furious! The following Monday I met with an Attorney. She requested validation and they ignored her. They sent interrogatories and wanted things like canceled checks and currant bank info. We answered everything by saying it was being disputed. Nope no bank info for you scum! The attorney requested validation again and lodged a complaint with the AG in Iowa. Still they ignored her. She then requested the info through the court. they still ignored it and then when we pushed it they dropped the case without prejudice so I am suing them and boy am I mad! I still don't know who the original creditor is they sad Citibank, chase bank and Chicago Sun Trust on three different letters but no account #. I called all three places and they have no records of me ever having an account with them! Gotcha MCM See you in court!

December 2008 I recently got a copy of my credit report and I have an entry from Midland Credit Mgmt. I have contacted Midland and asked for verification of the debt but have not received anything from them. I disputed the entry though Transunion and received a letter back stating that this was verified and it will not be removed from my credit report. What is my next step to take. I don't know what to do and I know that this debt is not mine. Thanks,

Midland Credit Management/Encore Receivable Management purchases old debts for pennies. By law, they may ONLY report information on your credit files that is 'accurate.' I have personally seen dozens of letters where Midland sends out a form letter giving the same information they found on the computer screen of the portfolio of the debts they purchased. Midland will claim the debt is valid, based on this charade. It is nothing more than an attempt to extort monies they may not be entitled to. The law states that you have the right to dispute the validity of a debt, that a debt collector MUST cease all collection activity until it is validated. The FTC states that reporting a debt in your credit files is construed as 'collecting a debt.' Midland uses the credit bureaus as tool for collecting debts that they do not have valid documents for, this may be a violation of federal law. Contact their in-house attorney for document if Midland shows up in your credit files.
Robin Ross Pruitt, Attorney State Bar of CA #147455 8875 Aero Drive Suite 200 San Diego, CA 92123
Phone: (858) 560-2600 ext.#4651 Toll Free: (877) 445-4581 Fax: 800-306-4443

Complaints Against Attorneys: All lawyers who practice in California must live up to ethical standards imposed by the California Supreme Court and the state legislature. As an arm of the California Supreme Court, the State Bar investigates and prosecutes complaints against lawyers. Depending on the seriousness of the offense, a lawyer can be given a warning, put on probation, suspended from practicing law for a period of time, or disbarred - prohibited from practicing law in California. http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp?cid=10179&id=1144

December 2008 I received a certified letter from Midland Credit Management, threatening to file a Judgment against me regarding an account. The sad thing is that the item, that they are referring to is not even listed on any of my Credit Reports... After the constants call to my home, work and cell phone, I sent them a letter to prove the alleged debt, that they are referring to. I have not received any response from Midland Credit Management.

That may be because the debt is too old to keep on your credit files. Midland Credit has been collecting on some very OLD accounts that date back into the 90's. Wait to see if they respond to your debt validation notice, if they file a lawsuit, get back to me for referral to a local consumer law attorney. Midland may be somewhat desperate in this shrinking market for debts which is why they are collecting on so many old, worthless accounts. That is why we call them vultures and bottom feeders.

December 2008 They sued me in November with local counsel. As a paralegal with 10 years of experience, I at least know how to play THIS game. I responded with an answer, affirmative defenses and a motion to strike portions of their complaint. Their response-a proposed stipulated dismissal. I've asked for a dismissal WITH prejudice and am awaiting their response. The point here, however, is that IF you challenge them to prove their case, they may just roll over and go away. Not only are they bottom feeders-they're cowards as well.

December 2008 Midland Credit Management Inc.-another Midland bunch, now working New Mexico. They filed suit against me in November alleging that I owed them on a Midland account and provided an account number.

December 2008 I am another that fell to there prey the bought a 8 yr old charged off account from providian bank for a $1000 account which was closed and wanted $3200 to settle after being served a court order from my local court trying to collect I turned it over to my attorney which was cleared. buyers beware they are the lowest of the low...but can be beat trust me. I got my letter today dismissing the case JOIN TOGETHER WE CAN BEAT THE RED DEVIL

November 2008 Received my first ever letter from them, it starts right off the bat with payment options, there are 3. It says nothing about my rights to validate this debt within 30 days of receipt, nothing in small printing on the back either. Of course I plan to write anyway to have it validated, but don't they have to state what my rights are? When sending my DV letter, should I mention that they are breaking the law? Would it get me an extra $1000?

November 2008 I am very concerned at what I have read on this site. My husband had a cc from US Bank for $22000.00. He declared bankruptcy in Mar 08. I was an authorized user on the account. At some point they added my name to the account statement but the original card was only issued to my husband and my card wasn't issued till a while later. I have been requesting verification from the bank for 8 months to now find out after a phone call that they sold it to MCM on 10/31/08. I called today to get no information. I called my attorney and he said the same things in this blog, that they have to provide you verification that it is your debt. so I guess I am going to fight it, I just don't have a lot of money and this has ruined my credit. I had great credit before this. I wonder if it is easier to just claim BK. This is the only thing on my report that is bad. I was also told to dispute the listing on my credit report. But I guess I have to wait for them to post it since it is new. This is just so wrong.

November 2008 I've begun getting calls from Midland Credit Management and each time they want me to verify who I am. When I ask for the address in order to write a debt validation letter, they hang up on me or ask why I'm asking for it. You'd think they'd have at least sent me a letter so I could write them back. Aren't they supposed to send you some kind of letter allowing you a chance to dispute whatever they're trying to collect?

The last person that called me said his name was Jason yet he sounded like he was calling from India. As soon as I asked him for the address of his company he hung up. Sounds like these guys are nothing more than scam artists.

November 2008 I did have a debt with Citibank that I defaulted on. MCM bought it in November of 2002. Since then they've made various attempts to collect it. At one point a few years ago I actually made them an offer of $3,000 on a ~$7,500 debt, to settle. The man I spoke to laughed at me. I said fine, hung up the phone, and proceeded to ignore them for the next three years. I thought the SOL was 7 years but I found out today it's actually 5 (since date of last payment), which means that this debt became void in approximately the summer of 2006! CCCS advised me to send a certified letter, so that's what I'll be doing.

November 2008 I don't even KNOW these people. They're looking for someone that's not at this number. Caller ID shows "Unknown Name, Unknown Number" when they call. That's illegal! They also have their number blocked from the call-back feature. I thought these multiple daily calls were more 'renew your car warrant' scams, until I finally answered one.

'Tim,' at extension 5384, kept asking if I was married to this person. I kept telling him "NO" (I haven't been married for years, but I didn't tell him that - none of his business). When I asked why their information doesn't show up on the Caller ID, he said because the calls are auto-dialed. I told him that not displaying their information on Caller ID was illegal and I was reporting them. While he was trying to tell me it wasn't, I hung up on him.

Next thing I know, I'm getting MORE calls from "Unknown Name, Unknown Number."

I've reported them to the FTC and left a message with their corporate attorney at 858-309-6013 I was reporting the company to the FTC and why.

November 2008 I was served a lawsuit by Farrell & Seldin on a Midland Credit Management account. The Midland employee named AMY BERSCHEIT (Aka AMY BULLS@#T) should win an award for her lies. She states so many lies that my attorney is going to issue her a subpoena to testify to the truthfulness of her statements. Bud, you are correct when you say that Midland must be hurting because this lawsuit is so bad it will end up paying me instead of me paying them. The other knuckle heads; FARRELL SELDIN deserve to waste their time and money on this piece of garbage. Both of them need their heads examined for filing this garbage. Please keep telling consumers to challenge these bogus lawsuits, my attorney was laughing while reading through it. We are filing a counter-claim against Midland for being so stupid. Too bad AMY BULLS@#T won't do time for her lies. We expect to get paid by Midland for their stupidity.

October 2008 I recently checked my credit to find an account placed there by Midland Credit that was last used back in the mid 90's. I disputed it twice with the credit bureaus, each time them verified it as accurate. Calls to MCM were handled by untrained and unprofessional employees, this is akin to extortion. Time for America to fight back, I am publishing the names and any information I can find on MCM management starting with...
Brian L. Frary Corporate Counsel, Litigation Midland Credit Management, Inc. 8875 Aero Drive, Suite 200
San Diego, CA 92123 (858) 309-6013 (858) 309-6998 [fax] Brian.Frary@MCMCG.COM

October 2008 Like Bud always reminds us, it doesn't have to be that way! We can all fight back and exercise our rights stop devils like collectors Midland Credit Management aka Midland Finding LLC with its armies of attorneys hiding under (Wolpoff and Abramson) now Mann Bracken, from ruining our lives through greedy tactics. I have never been sued in my life, so when I went to pick up my mail and sign a card not knowing the nature of the letter, I went numb. I did not know where to start or whom to consult. I went to the internet and googled this company and that's when Bud's. I filed an answer immediately and took it to the court informing the judge I would defend myself pro se. Then sent then a validation with more than 26 demands to produce documentary evidence within 30 days.A week later, I requested a jury trial. The trial was postponed. Then I received interrogatories from a Mann Bracken attorney. The content of the interrogatories led me to realize that it was time to sharpen my legal spears and arrows and fight Mann Bracken to the end. I hit them with my own interrogatories together with a motion to dismiss. I continued to file for other motions until I think I clogged up the court docket. Two weeks before trial, the attorney mailed me a letter requesting the court to strike out their interrogatories, another requesting to strike my version of the interrogatories, another requesting the court to strike my counterclaim, all of which were granted. Them I received a letter informing me that the trail has been dismissed without prejudice. I wrote a letter to the court requesting that my counterclaim be considered. These events demonstrate how one can defend himself/herself pro se and win. But you have to be consistent and brave. Remember that if you get a judgment, you are finished and these devils will go after your other accounts. They buy zombie debts at pennies for a dollar but because they too old, they have little information about details about that account. I am now a lawyer for myself after crisscrossing libraries in my state searching for all every information that I could to embarrass Midland Funding and their attorney. You cando it also. Do not let these junk collators ruin your life and credit. Do not ignore those summons. Show up in court. Respond to all of their letters. Read experiences and posts from other victims and come up with your own version and strategies for defense. Seek help whenever you can. When you win or lose, post a comment so that others can avoid or use your strategy. Lets wipe out these junk buyers whose sole aim is to wipe us from the face of the world.

October 2008 I live in the state of Alabama. I am having problems with MCM trying to collect a debt that is time barred and will not validate the debt, yet are still reporting it. I have disputed the item with the credit bureaus, but only one removed the debt after realizing it couldn't be validated.

MCM has a terrible reputation for placing bogus including out of statute debts on credit reports, filing lawsuits and arb claims. Federal law mandates that they MUST validate a debt or cease collection activity, which includes credit bureau reporting. Dispute it with the credit bureaus as "not my account." If they come back verified as 'accurate' you may be able to take legal actions under federal law the Fair Credit Reporting Act (FCRA). Under that law, everything reported on your credit bureau reports MUST be accurate. The law allows the furnisher of that information to be sued in federal court, in many cases the attorney and court fees can be recouped. You can also get the information deleted from your credit reports and the debt forgiven, under many circumstances. There is a powerful group of consumer attorneys who are taking these FCRA cases. The best news is they can live in another state and still represent you because this is a federal case. I recommend you visit: www.myfaircredit.com

September 2008 After receiving a summons to civil court regarding an alleged debt owed, I have done so much research. This site offered a lot of valuable information and with due respect, I used the letter found on this website as a template to send a letter requesting that Midland validate their accusations of debt. I also went to the bank yesterday and saw nothing on my credit report regarding this or ANY related debts. How can I be served a summons for something that does not even exist on my financial records? These people are scam artists and have not only hit me, but my neighbor as well. The bank also new about them and said that they were scamming people by collecting on old debts that had been written off by credit card companies in the past. I am disputing Midland's suit with the courts and I am also sending the letter (thanks again for the research) to the law office that sent me the original debt letter and the paper of suit. Will keep you all posted. This scam has got to stop!! On the KY Court Dockets, in just four counties combined, they are suing over 1000 people. That is absurd. United we stand!!!

September 2008 How desperate are the fools at MCM? Stared receiving calls from India, collector spoke as though he was sucking marbles. Trying to collect on a debt more than ten years old. Went on about how he was "Certified by MCM" on the FDCPA. I think he swallowed a few marbles during the conversation, almost impossible to understand. Why do junk debt collectors like MCM collect on such old debts and why go to India?

MCM, NCO, LVNV and many of the larger bottom feeders are feeling the pain of the economy. Junk debts have risen in price, much like a barrel of crude oil. MCM and NCO are out buying 1990's era portfolio's in a desperate attempt to stay afloat. MCM is being inundated with lawsuits because they place bogus accounts on credit files that are totally fabricated and are being sued over them. They go to India because the pay scale starts at about $3/hr. U.S. with no benefits, many India collectors are desperate to learn American culture and flock to these jobs. MCM is allowing them free access to information on American consumers that will have serious negative impacts once that information is stolen and used by identity thieves across Europe and Asia. Right now we have no control over MCM's reign at freely sending our most personal information to a third world country. Owners J. Brandon Black and Paul Ginsberg are selling us out just to make money, they may face serious consequences for their actions when the lid on this blows.

Wall Street appears to be dissatisfied with many bottom feeders and they are feeling that impact. MCM thinks it has the right to place anything it chooses on a consumer credit report and never respond to validation requests. Consumers are warned that it is illegal for them to report accounts that cannot be validated and they still have the ability to payoff on FCRA lawsuits. I urge anyone being scammed by MCM to contact the consumer law professionals at www.myfaircredit.com. The law allows that you and your attorney may be paid for their greed, stupidity and attempts at extorting monies they are not entitled to. MCM cares only about making money at the expense of the American consumer, they are a disgusting, slimy organization that lies, cheats and puts us at high risk in a foreign country.

September 2008 Bud, I made a settlement payment on a old credit card with Midland Credit Management, San Diego, CA. We came to an agreement and made EFT payment arrangements. I never received a confirmation from them even though they promised one once the funds had cleared. I just purchased my 3 bureau credit report and Midland Credit Management is claiming the original balance owed and has been reporting key derogatory to my credit report in spite of the fact that I paid it in full. I have a copy of the cancelled check for the settlement. What should I do?

You are not the first consumer who was lied to by MCM. This is why I tell everyone to NEVER give them your bank information and get an agreement in writing before sending any money. Be prepared to meet more hostility trying to get this resolved. Start with their house lawyer:

Encore Capital Group, Inc./ dba/Midland Credit Management, Inc. Robin Ross Pruitt, House Attorney, x4651
8875 Aero Drive Suite 200 San Diego, CA 92123 Phone: (858) 560-2600 Toll Free: (877) 445-4581
Fax: 800-306-4443

August 2008 Found these jokers on my CRA. To fight them you have to bring out the kitchen sink, and a few other things from your home. I went through every thing in the trade line. and disputed one by one. I asked them to prove each and everyone. Told the CRA's the same thing. I am still waiting.

the truth is here
long island, New York

This report was posted on Ripoff Report on 07/17/2009 06:23 AM and is a permanent record located here: http://www.ripoffreport.com/r/Midland-Credit-Management-Inc-Midland-Funding-A-Subsidiary-Of-Encore-Capital-Group/San-Diego-California-92123-2255/Midland-Credit-Management-IncMidland-Funding-A-Subsidiary-Of-Encore-Capital-Group-Midl-470656. 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.

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#1 Consumer Suggestion

FDCPA Old debts

AUTHOR: Rduke007 - ()

My comments may contain legal information. I am not an attorney, and only an attorney can give legal advice.

Many times, debt collectors such as MCM will voluntarily settle FDCPA act complaints, provided you submit a demand letter with a settlement offer. It also helps to draft and attach a copy of the legal complaint you may elect to file, should you be unable to achieve an equitable settlement.

Any time you make a payment on a debt (even one penny!) you RESET the statute of limitations (SOL) clock, so if a debt is beyond the applicable SOL in your state, it is no defense if you make or have made even a token payment within the applicable SOL.

You can find copies of the Fair Debt Collections Practices Act by Googling 15 USC 1692 or FDCPA. Each section has a statute associated with it, i.e. 15 USC § 1692a(6), and so on. A complaint can be dismissed or summary judgment granted adversely if a complaint fails to state a cause of action for which relief can be granted. Review the elements and case law at Google scholar when drafting a complaint.

The act creates a private right of action for anyone aggrieved by the violation (They could be calling a wrong number, and you can still collect) The act provides both actual and statutory damages, meaning you do not have to prove damages to collect.

Most courts allow for discovery once an action is filed. The master agreement between the debt collector and the organization asserting the alleged debt is an important document, and you can bet MCM will not give it up, absent an order to compel discovery.

An excellent article describing how to overcome certain objections to the production of discovery, along with many case citations can be found at:



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