Consumer complaint received 2018-01-19
Company: Midwest Recovery Systems
State: CA
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Please help me to resolve this as I am tired of being threatened by a company I have no knowledge of. 

XX/XX/XXXX- Disputed debt with credit bureaus "I do not owe, unknown debtor", it has not been removed from my credit report as of yet. 

From XX/XX/XXXX-XX/XX/XXXX I have received 10 or phone calls harassing me and asking me to verify my ss# and address. Which I would never due by phone, I asked that they send me a validation letter via mail. Still, have not received it. Every time they call I block the phone #'s, they are calling me all times of day and night. 

XX/XX/XXXX-Sent certified "validation letter", it was signed for but I have yet to receive a response. Date Received XX/XX/XXXX


See letter sent below. 

Midwest Recovery Systems XXXX XXXX XXXX XXXX XXXX XXXX XXXX, MO XXXX
RE: Account # XXXX
 
To Whom It May Concern: 
Be advised this is not a refusal to pay, but a notice that your claim is disputed and validation is requested.  Under the Fair Debt collection Practices Act (FDCPA), I have the right to request validation of the debt you say I owe you.  I am requesting proof that I am indeed the party you are asking to pay this debt, and there is some contractual obligation that is binding on me to pay this debt. 
 
This is NOT a request for verification or proof of my mailing address, but a request for VALIDATION made pursuant to 15 USC 1692g Sec. 809 (b) of the FDCPA.  I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. 
 
At this time I will also inform you that if your offices have or continue to report invalidated information to any of the three major credit bureaus (XXXX, XXXX, XXXX XXXX), this action might constitute fraud under both federal and state laws. Due to this fact, if any negative mark is found or continues to report on any of my credit reports by your company or the company you represent, I will not hesitate in bringing legal action against you and your client for the following:  Violation of the Fair Debt Collection Practices Act and Defamation of Character. 
My attorney and your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies.  
 
If your offices are able to provide the proper documentation as requested in the following declaration, I will require 30 days to investigate this information and during such time all collection activity must cease and desist. Also, during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my firms managing attorney for suit. This includes any listing of any information to a credit-reporting repository that could be inaccurate or invalidated. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.  
It would be advisable that you and your client assure that your records are in order before I am forced to take legal action.  
CREDITOR/DEBT COLLECTOR DECLARATION 
Please provide the following:  
	Agreement with your client that grants you the authority to collect on this alleged debt. 
	Agreement that bears the signature of the alleged debtor wherein he/she agreed to pay the creditor. 
	Any insurance claims been made by any creditor regarding this account. 
	Any Judgments obtained by any creditor regarding this account. 
	Name and address of alleged creditor. 
	Name on file of alleged debtor. 
	Alleged account number. 
	Address on file for alleged debtor. 
	Amount of alleged debt. 
	Date this alleged debt became payable. 
	Date of original charge off or delinquency. 
	Verification that this debt was assigned or sold to collector. 
	Complete accounting of alleged debt. 
	Commission for debt collector if collection efforts are successful. 
 
Please provide the name and address of the bonding agent for Midewest Recovery System in case legal action becomes necessary.  Your claim cannot and WILL NOT be considered if any portion of the above is not completed and returned with copies of all requested documents. This is a request for validation made pursuant to the Fair Debt Collection Practices Act. Please allow 30 days for processing after I receive this information back.  
 
Best Regards 
 

XX/XX/XXXX- Received an email from an XXXX XXXX who is supposedly representing the company.  See below:


Arrest Warrant
XXXX
Department of Justice 







  Reply|
Today, XXXX XXXX
Inbox
 XXXX 359 KB

Show all 1 attachments (359 KB) Download  Save to XXXX - Personal
CASE NO: XXXX XXXX which will be going to release Tomorrow XXXX XXXX XXXX in side your county court.

Attention

This is the last and final chance for you.

This Legal Proceedings issued on your Docket Number XXXX with one of XXXX XXXX XXXX. Company in order to notify you that after making calls to you on your phone number we were not able to get hold of you. So the accounts department of XXXX XXXX has decided to mark this case as a flat refusal and press legal charges against you.


We have sent you this warning notification about legal proceedings of XX/XX/XXXX but you failed to respond on time now its high time if you failed to respond in next 12 HOURS we will register this case in court. Consider this as a final warning. And we will be Emailing/ Fax this issue to your current employer to make sure they take strict against you. Your salary wages will be garnished.

Do revert back if you want to get rid of these legal consequences and make a payment arrangement today or else we would be proceeding legally against you. And we apologies that this notification will also sent to your current employer. The opportunity to take care of this voluntary is quickly coming to an end. We would hate for you to lose the option of resolving this before it goes to the next step which is a Lawsuit against you, but to do so you must take immediate action.

We will be forced to proceed legally against you and once it is processed the creditor has entire rights to inform your employer and your references regarding this issue and the lawsuit will be the next step which will be amounting to $XXXX and will be totally levied upon you and that would be excluding your attorney charges. If you take care of this out of court then we will release the clearance certificate from the court and we will make sure that no one will contact you in future.
 
Please let us know what your intention is by today itself so we can hold the case or else we will submit the paperwork to your local county sheriff department and you will be served by court summons at your door step.
Note : This notice is provided to you on behalf of XXXX XXXX XXXX. and its parent company , and their respective family of companies including XXXX XXXX, its parent company, XXXX XXXX XXXX, XXXX., and all of their respective subsidiaries and affiliates, (hereafter collectively referred to as the XXXX XXXX  Related Companies, we, our, or us). The XXXX XXXX Related Companies include, but are not limited to: XXXX XXXX, XXXX XXXX XXXXl, XXXX., and all of their respective subsidiaries and affiliates, including those that operate under the trade names XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, or any company-owned XXXX XXXX XXXX. You or Your means you as a participant in or as a user of the products and/or services offered by a Cash Advance Related Company.


WE MAY REPORT INFORMATION ABOUT YOUR ACCOUNT TO CREDIT BUREAUS. LATE PAYMENTS, MISSED PAYMENTS, OR OTHER DEFAULTS ON YOUR ACCOUNT MAY BE REFLECTED IN YOUR CREDIT REPORT.

TERMS & CONDITIONS YOU AGREED.

By electronically signing this Loan Agreement by clicking the "I AGREE" button below, you are confirming that you have agreed to the terms and conditions of the Consent and that you have downloaded or printed a copy of this Consent for your records, So now company is not liable to send you anything.

IF YOU WANT TO RESOLVE THIS MATTER THEN IMMEDIATELY CONTACT US THROUGH EMAIL (XXXX)



 XXXX XXXX
 Attorney at Law
 XXXX XXXX XXXX XXXX XXXX 
 XXXX,
 NY, XXXX

Company response to consumer: Closed with explanation