Our good friends at Encore (a/k/a Midland Funding or Midland Credit Management) are being investigated again for their debt collection practices. Coincidentally, profits rose.
I have lost track of the number of times we have sued Encore (Midland) — most of the cases have been the result of our clients winning a collection lawsuit filed against them by Midland but yet Midland would not remove the credit reporting.
As we have discussed elsewhere, when a debt buyer such as Midland sues you in Alabama, and loses (verdict or dismissal with prejudice), then it must normally remove the credit reporting from your credit reports as a Judge has ruled that you do not owe Midland any money.
If you have won a case against Midland, check your credit reports. See if the account that was on there is no longer there or if it is still being reported.
By the way, here is an interesting quotation from Midland/Encore’s website that you find useful if you have been abused by this debt collector:
We have a long history of integrity and fair dealing and have over 1,000 knowledgeable, professional, and friendly account managers ready to offer you a wide range of payment arrangements.
Moreover, we have created the industry’s first Consumer Bill of Rights (click to download a copy) . This document details our commitment to conduct business ethically and in ways that support our consumers’ financial recovery.
You can resolve your outstanding debts and we’re ready to help.
Here is what the Consumer Bill of Rights says about credit reporting:
When reporting to credit reporting agencies, we will provide timely and accurate updates and will conduct a reasonable investigation of any disputes based on the information provided. When information is found to be incorrect or outdated, we will instruct the agencies to correct or delete the information.
Good stuff — if they follow this then the lawsuits will decrease. If they don’t follow it, then they’ll need to explain to us in depositions why they don’t follow the law and their own publication….
This is fascinating on selling debts — if anyone in the industry actually did this we would not have all of the bogus lawsuits:
We will not resell accounts to third parties in the ordinary course of our business. In the future, if we have an occasional instance when we do resell accounts, we will only do so when we can provide the purchaser with documentation evidencing the amount owed on the account and clear title of ownership.
Last one — this is funny as this is what must be done in order to notarize a document — generous that Midland is now saying they will do this….
Prior to signing affidavits, our authorized representatives will read, understand, and fully verify document contents as appropriate to ensure accuracy. All notarized documents will be signed in the presence of a certified notary who is acknowledging the signature.
So, what has been your experience with Midland? Feel free to leave a comment but if you are interested in talking with us, then it is better to call us at 205-879-2447 or fill out our contact form.
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I’m not from Alabama but Midland, just that word pushes my buttons. These people will stop at nothing. I was defending myself pro se in a debt collection where after 4 months they still had show zero evidence of owning the account or that it even existed. The affidavit showed up only on the day they got a default judgment because I had the wrong court date (the judge just always gave oral continuances.) I got it overturned, thankfully, but they still wanted me worse than ever. They lied and said I did not answer discovery and asked for sanctions, I can’t tell you all the tricks and each time one was discovered, they’d just pull that attorney and send in another one. The judge never questioned them on it. They all represented the same firm but the judge thought as long as THAT lawyer with the misdeed wasn’t there then they hadn’t done anything wrong. It took me nearly a year to get free of these people so they and that law firm are on my list of buttons. Oh they dismissed with prejudice so they could start all over again. They did have an affidavit but I found out the truth about her and that ended that. That’s about when the dismissal came.
I’m sorry you are dealing with Midland on this — it sounds like you ultimately got the case dismissed with prejudice. Check with a lawyer in your state and see if the fact that the dismissal with prejudice occurred, if that means they have get it after your credit report. Midland claimed they changed their whole national procedure after we sued them so many times — when they lose a case they supposedly automatically get it off the credit reports.
Normally a dismissal with prejudice means they cannot sue you again but it may be different in your state. Was it with or without prejudice?
Hang in there — sounds like you have persevered through a lot but you have achieved some good stuff through it all.
John Watts