• Report: #729619

Complaint Review: midland credit management; midland funding

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  • Submitted: Sun, May 15, 2011
  • Updated: Mon, May 16, 2011

  • Reported By: ripped off — rural usa United States of America
midland credit management; midland funding
st. cloud mn; phoenix az; san diego ca st. cloud, Minnesota United States of America

midland credit management; midland funding harassment and 3rd party disclosure of debt. st. cloud, Minnesota

*Consumer Suggestion: Not inaccurate.

*Consumer Comment: Inaccurate advice from Huklebuk

*Consumer Suggestion: How to deal with midland credit management

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So here we go again.  I have been Harassed by this company for the last year.  Most recently I have received over 22 calls on my cell phone and the same amount on my house phone.  Not so surprisingly, it was on a blocked number! Not to fail to mention, they disclosed my debt info to my boyfriend assuming he was my husband! We are tired of this, threatening wage garnishment, calling 7 days a week, up to 5 times or more a day!

Look out if you are being stalked by them, I am having one heck of a time getting a job due to this, they are calling me while i am interviewing, driving, cleaning, what not.  Question is, why don't they stop? One person was a mister garding constantly calling and being very rude! Mary is the one who assumed that i was married, which i am not! Do what you can to get rid of these people, it is ridiculous!

This report was posted on Ripoff Report on 05/15/2011 04:44 PM and is a permanent record located here: http://www.ripoffreport.com/r/midland-credit-management-midland-funding/st-cloud-Minnesota-/midland-credit-management-midland-funding-harassment-and-3rd-party-disclosure-of-debt-s-729619. 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

Not inaccurate.

AUTHOR: Huklebuk - (United States of America)

NO this is not inaccurate advice.  If you send a cease and desist, you still have the collection on your credit report.  By only sending a cease and desist, you still have the problem of the debt. Saying that someone harrassed you and is being rude on the phone is one thing.  Proving this in a court of law is another.  There is nothing in the FDCPA that states there is a maximum number of calls per day that can be made.  .  However I'm not trying to get into a pissing contest.  This is one of many methods to stop debt collectors from calling you.  Again, claiming something and proving it in a court of law are two very different things.  This will only last for however long they want to hold onto the account.  Then you go through the same process with another agency.  If you make them prove the debt and they can't, the problem is resolved permanantly.  Thats what my advice is trying to do.  

On a side note, they are all going to be harrassing to an extent.  If you don't have this removed all your credit report, it will cost you more than you will ever get back in damages.  I know this first hand, since 5 months ago I had them on my credit report.  The bank offered me 18 % with a 20 % down payment.  After I got it removed, I just purchased a new honda pilot at 1.9 %.  

That was the main point I was trying to get across.  In the debt validation letter, it should state to cease and desist all phone contact and all corrospondence should be by mail only.  Hope this clears things up.   
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#2 Consumer Comment

Inaccurate advice from Huklebuk

AUTHOR: Steve - (USA)

The issue here is not validity of debt. It is an issue of harrassment. The OP just needs to send a "CEASE COMMUNICATION" request, as per the provisions of the FDCPA.

Federal law allows anyone to demand that any third party debt collector cease communications.Failure of the debt collector to comply with this legal demand, can result in a payday for the victim.

This letter should be sent via CERTIFIED MAIL, RETURN RECIEPT REQUESTED.Be sure to put the certified# in the body of the letter itself, and keep a copy of the letter for your records.

Now, wait 30 days from the date the little green card was signed.If they contact you after that date, file a lawsuit for the FDCPA violation. You can get up to $1000 in statutory damages, plus actual damages and court costs.

Harrassment is illegal.

You should also file complaints of each separate incident of illegal and unethical contact by a debt collctor to ftc.com as they archive those complaints for future class action support for any AG office or other agency that needs them.

Stop these fools, or make them pay. 

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#3 Consumer Suggestion

How to deal with midland credit management

AUTHOR: Huklebuk - (United States of America)

I have first hand experience dealing with these people.  The first thing you need to do is write a debt validation letter, multiple examples can be found on the net.  This will stop the phone calls.  Don't be fooled by there " we don't understand what information you are trying to obtain" letter they send in response. 

By law, they have thirty days to respond to your request for validation.  This needs to include original documents.  They did not respond, I knew the amount they were pursuing was not valid.  After the thirty day window, about two weeks, I filed claims with the three major credit bureaus.  To my utter surprise, the collection on my credit report had already been deleted.  If they can validate the debt, then by all means you should pay.  But the validation letter should stop the harrassing phone calls.  

These laws apply to all debt collection agencies.  I have removed many from my credit reports.  It takes hard work and research, but you can do it.  Good luck and I hope this helps. 
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