Midland Credit: CCC & collector! -- not even in disguise

I have Midland Credit reporting a collection for FCNB, and did a quick web search and was surprised to see that they are apparently a "debt reduction" company like the CCC.

"Build A Better Life ... Free Yourself From Debt Now!"

http://www.lower-my-bills.com/lmb13/midland_credit_management.htm

But I can't find an URL for Midland Credit, no links from lowermybills, all they want is you to fill out their idiotic form!

They're not in the Yahoo Yellow Pages for San Diego either - I know they're in San Diego because I found some employment opportunities and collection articles about them.

Found another page http://www.mcmcg.com/main.htm with absolutely NO contact or any info, but they mention that they're a subsidiary of Encore Capital Group.

Encore Capital Group IS listed in the Yellow Pages - the operator is in the boiler room. He confirmed that they are collectors as well as a consumer debt counseling agency.

Well, I can drop the "in disguise now."

And it really should be illegal to use a name in ads and on credit reports that's totally different from how they're listed in the phone book and anywhere else.

Midland Credit Management is acting as a collection agency for a debt from Citibank that is beyond the SOL. They're on my credit report and have an address but when I attempted to send a validation letter the post office said that the address they list doesn't exist. Their address, according to their website is:
5775 Roscoe Ct.
San Diego, CA 92123

I disputed online w/ experian and they deleted it because their request sent to the address they list was returned. About a month ago though it was back on my credit report.

...that under California law it is illegal for a collection agency to attempt to collect a debt that is past the statute of limitations(California Civil Code §1788).

The statute of limitations in California is 2 years for verbal contracts and 4 years for all others.

From http://www.dca.ca.gov/legal/dc_2.pdf

(page 9) "It is also a violation to misrepresent a debt's character, amount or legal status. For example, it is a violation to attempt to collect a claim that is too old to be enforceable."

I guess the Cal. law doesn't apply to their collection efforts in other states?

And here's their fax: 800-306-4443

Phone (boiler room): 619-309-6966 There's no reason to call other than to confirm the fax # I got yesterday.

"About a month ago though it was back on my credit report."

Were you notified of the reinsertion by Experian? If not, you got a violation.

And, just send the previous deletion notice and request deletion.

I thought Ufken was in San Diego?

Yes, but my client isn't .

I had a run in with Midland and found out that they had voluntarily retracted their surety bond in Texas. When I pointed this out to their CEO in a faxed demand letter, I got a call from thier Lawyer who immediately faxed me a UDF and a sworn letter promising to permanently delete all references to the debt on my CR's and to never sell, assign or transfer the debt.

I guess they did not want to face a lawsuit wherein they would have had to defend why they were operating in the State of Texas illegally. Most States require debt collectors to have a Surety bond on file with the Secretary of State in order to operate...even if the collector is based outside of the State.