Dear *** ***
Thank
you for your letter inquiry dated September
30, 2014, regarding *** ***’s complaint,
which Midland Credit
Management, Inc(“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions
Please note that Midland Credit
provided all relevant account identifying information in its previous response
letter to your office, dated September 23,
In his follow-up, *** ***
requests that the account be deleted from his consumer credit files, due to
fraud. Midland Credit still stands ready
to assist *** *** in clearing his record if he has been a victim of
identity theft or fraud. If such is in
fact the case, Midland Credit respectfully requests that *** *** file a
police report and provide it with a copy of the police report, or provide it
with an affidavit of fraud showing that he reported the fraudulent
activity.
Please note that an affidavit of
fraud can be found at *** *** Again, if submitting an affidavit of fraud, *** *** should complete the form and have the form notarized. He may forward appropriate documentation to
Consumer Support Services at the address on this letterhead. Until it receives such documentation
substantiating his claim, based on the information available to it, Midland
Credit must respectfully conclude that it is accurately reporting the account
to the three major credit reporting agencies
Midland Credit considers consumer
complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the
inconvenience caused to *** ***
Thank you again for your assistance in
this matter. Please contact Midland Credit’s Consumer Support Services
team at *** *** *** *** should you have any further questions
Sincerely,
Midland
Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted
in Colorado; Registered In-House Counsel in California
*** ***
Midland
Credit Management,
Aero Drive, Suite
"margin-bottom:0in;margin-bottom:.0001pt;line-height:
13.5pt">San
Diego, CA
Re: CREDIT COLLECTION Acct # [redacted] and
[redacted]
VIOLATION
OF [redacted] Finance Code [redacted]
To
Whom It May Concern:
I am
sending this letter to you in response to the collection information on
accounts on my credit reportsCREDIT COLLECTION Acct # [redacted] and
[redacted] Your
company is still reporting Delinquent and derogative information to the credit
Reporting agencies without Validating the debt and providing the validation
information requested
These
accounts are past their SOL and your company Re-aged them to look as if opened
this accounts later than their correct DOFDAs I
am [redacted] resident, I will be using [redacted] Finance Code 392.202 to
back up my dispute and I suggest that you adhere to its provisionsI will not
hesitate to act if you disregard my rights or violate the [redacted] Laws
you are required to respectYou have days from your
receipt of this tracked letter to validate this alleged debtIf you cannot or
will not validate this account properly in days, [redacted] Finance Code
392.202(d) requires any trade lines associated with this alleged debt
must be deleted from any and all credit reports/reporting bureaus you may do business
withYou are not to sell, transfer, assign, or share any information about me,
or this alleged debt with anyone else
I am reasonably certain that your staff is aware of the current position of
many courts that continuing to report a trade line is viewed as continuing
collection activitiesI am also reasonably certain that your staff is aware of
the requirements of the [redacted] Finance Code pertaining to the
reporting of matters that are disputedIn particular, I would again point you
in the direction of Section which references the duties of the
collector upon notification of the matter being in dispute
Nothing in this letter authorizes a hard pull or a soft pull of my credit
informationThe account number you have reported to a credit bureau is
included and should provide you with sufficient information with which to
identify me in your existing recordsThere should be no basis for you to
request additional information from me in the validation processIt is not
incumbent upon me, as the injured party, to build your files for you, nor
should I pay a penalty in the form of failure to procure credit from existing
or new lenders and bear a negative impact on credit scores for your attempts to
reconstruct records which you should already have possessed prior to making any
claimIf such retrieval is discovered to have occurred, it will be evaluated
for action as a non-permissible access of the report as well as retaliatory
actions for the exercise of rights provided to me as a consumer under [redacted] law
Be advised you are hereby put on the day notice of "right to
cure" as allowed under the [redacted] Business and Commerce
Code (BCC17)In addition to the reporting requirements incumbent upon
third-party entities, [redacted] law also contains a bonding requirement
A search of the list of bonded agencies provided to me by the Legal Support
Unit/Statutory Documents Section of the Secretary of State did support that a
bond was in place at the time your office claims to have reported the file
Records reflect that the bond is underwritten by [redacted] (policy number [redacted] ) and involvement of their claims
personnel has been held in abeyance pending your compliance with the issues in
this letter
Failure to timely and fully validate this alleged debt will result in an
actionable offense(s) under [redacted] state law, in which damages will
also be sought under § Deceptive Trade Practices-Consumer
Protection Act of the Business and Commerce Code (BCC17)Those damages are
subject under [redacted] law to a trebling upon a showing of gross
negligenceShould legal action be necessary, venue shall reside in [redacted]
County, [redacted]Upon a favorable finding in the [redacted] County courts, claim
will be made against the bondThere are no federal questions being raised in
this matter and any attempt to remove an action to Federal Court will be
challenged
I am also Restating, in writing, that no telephone contact
be made by your officesIf your offices attempt telephone communication with
me, including but not limited to computer generated calls and calls or
correspondence sent to or with any third parties, it will be considered
harassment, and I will have no choice but to file suitAll future
communications with me MUST be done in writing and sent to the address noted in
this letter by United States Postal Service.Best Regards,[redacted]
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 24, 2014 regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 30, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 22, 2008, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $3,614.59.
While not the only item of concern identified within her complaint, [redacted] indicates she was not notified that the referenced account had been sold. On June 13, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, Midland Credit made the business decision to close the account on May 21, 2013. Since that date, there has been no collection activity or credit reporting of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted]’s consumer credit files. The account will not be sold in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 10, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 16, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 14, 2009, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $195.44. Final payment on the account was received on April 10, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses concern that the above-referenced account may not belong to him, or that the credit reporting may be inaccurate. On November 10, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it received the first written correspondence requesting validation from [redacted] on January 29, 2015, which cannot be considered timely. Midland Credit responded by mailing [redacted] a letter stating that the debt had been previously paid, and that it was accurately being reported on his credit report to reflect a paid status.
Subsequently, Midland Credit received a written dispute on February 6, 2015, from [redacted], explaining that the debt was the product of fraud and was opened against his consent. In keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. A confirmation letter was mailed to [redacted] on February 9, 2015, indicating that the account was closed and reiterating that he has no further financial obligation regarding the account. There will continue to be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on October 1, 2015 from the Revdex.com ("Revdex.com") of San Diego that was forwarded by the Revdex.com of Metropolitan Houston. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information for the above-referenced account in its previous letter response to your office dated February 4, 2015. As stated in its previous responses, Midland Credit mailed [redacted] a validation letter for the above-referenced account on or about May 21, 2011. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). A copy of the verification information provided by the seller for the above-referenced account was enclosed in Midland Credit’s previous response on March 3, 2015.
[redacted] states that the verification information previously provided for the above-referenced account was insufficient to verify the validity of the account on his credit report. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] also states that the seven-year Federal Reporting period on the above-referenced account has expired. The seven-year Federal Reporting period does not begin until an account is delinquent. Information provided by the seller at the time of acquisition indicates this account became did not become delinquent until November 2008. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account does not expire until November 2015. Additionally, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents an account from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] I will wait for 7 days for the business to perform this action and provide proof. If it does, I will consider this issue resolved. Thank you for your assistance in dealing with this predatory, unethical, and unlawful behavior.
Regards,
[redacted]
Thank you for your letter inquiry dated November 5, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 30, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 1, 2005, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2010. The balance at the time of purchase was $682.50.
[redacted] expresses a concern that his validation requests have been ignored. On January 17, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses concern that he never opened an account with Midland Credit. As indicated above, the account originated with [redacted]. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
[redacted] also questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit representatives regarding the account and all correspondence will be sent via the United States Postal Service.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry dated November 6, 2014, regarding Ms. [redacted]‘s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Ms....
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on September 8, 2009. Information provided by the seller, [redacted], LLC, at the time of acquisition indicates this account was originated on November 15, 2005, as a [redacted] VISA card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 28, 2009. The balance at the time of purchase was $255.67.
Ms. [redacted] expresses a concern in regard to the validity of the debt. On December 5, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Ms. [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Ms. [redacted] on September 12, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
Ms. [redacted] also questions whether the above-referenced account may be reported on her consumer credit files, due to an order issued by the Federal Trade Commission (“FTC”), which Ms. [redacted] states applies to the credit reporting of the above-referenced account.
After reviewing both the account information, as well as a copy of FTC order [redacted], please note that while the FTC may have issued an order against the [redacted] and [redacted], LLC providing restitution payments to certain defined consumers, it does not render all accounts ever issued by [redacted] invalid or unenforceable. Part II of the FTC order provides that only affected accounts in which the restitution payments were greater than the balance due were to be removed from a consumer’s credit files. Accounts in which a balance remained after an adjustment for restitution payments, the consumer’s credit files were allowed to be updated under the FTC order.
Prior to receiving Ms. [redacted]’s complaint, Midland Credit received additional correspondence from Ms. [redacted] disputing the debt. Although her request was not timely, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from your consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I was notified that my complaints against Midland Credit Management is considered resolved. I did not see this business' s response until Revdex.com San Diego sent me notice of resolved status. Please reopen this complaint. Midland Credit Management is a junk debt buyer (jdb). They have not adequate provided verification of any debt submitted to the credit reporting agencies via my credit reports. At least one of the company's they are reporting was shut down by the government and is no long in business. This jdb has re- aged the account according to their date of purchase Thank you for taking the time to review my file and to help me with this matter of dealing with Midland Credit Management. To date, Midland has a poor track record in regards to its collection tactics which have resulted in fines from the United States Government and from individual states as well. As of this year Midland has had to pay close to one million dollars in fines and penalties due to their unlawful business procedures which violate the consumer’s rights. Their illegal actions have caused thousands upon thousands of consumer’s credit files to be tainted with negative remarks. I realize that litigation against this company is the next step in my process. I thank you one again for your time and I look forward to having Midland Credit Management removed from my credit files.This jdb needs to remove all of their obsolete, erroneous, and derogatory information from my credit files immediately.
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015. [redacted] writes that the only correspondence she received from Midland Credit is the recent correspondence from February 2015, and the previous Revdex.com response. As stated in its previous response, Midland Credit mailed [redacted] a validation letter on October 7, 2011, which was mailed to her at the same address listed within her complaint. This letter and subsequent correspondence mailed to [redacted] was not returned as undeliverable.
[redacted] also states that while Midland Credit provided validation documentation, it did not provide an application, signature, or other form of request. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Lastly, [redacted] indicates that the above-referenced debt might be the product of fraud. Midland Credit stands ready to assist her in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that she provide a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted] is ready to resolve the debt, she may qualify for a reduction in her account balance. Please have her call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as resolve the account balance.
In the meantime, per [redacted]’s previous request, the account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Per Midland assigning numbers to the complaint. Pointless!Still an offshore boiler room looking for vulnerable citizens to defraud. This response is just an obfuscation. They will continue to do what they are doing. Probably to your Grandmother or Aunt.[redacted]>>>>>>>>Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Please see attached two (2) page document of my recent mobile phone log for [redacted] indicating incoming calls from three (3) separate phone numbers all linked to Midland Credit Management. These numbers include [redacted]. Note, calls marked 'Toll-Free CL' indicate outgoing calls I made to request removal of my phone number [redacted] from their calling system and in all instances lead to failure of doing so.It should be clear to [redacted] representative of Midland Credit Management Inc, that the phone calls in question are being received by my private mobile telephone number [redacted] after he reviews the attached logs. I trust [redacted] and Midland Credit Management Inc will take proper measures to insure my telephone number and name are fully removed from their database.I appreciate the Revdex.com's efforts in mitigating this issue and I hope a resolution is reached promptly.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I find their response to be far from helpful, if not downright disingenuous. I have contacted Midland in writing with my current address (at which I have resided for two years) as well as have contested the reported debt with the credit bureaus - with the address provided as being my current address - which they've responded to as being accurate and valid.The account number Midland provides the credit reporting agencies is: [redacted]"My previous addresses is:[redacted]My maiden name was "[redacted]", and the last 4 digits of my SSN is "[redacted]".This should be more than ample information to help them locate the account they have re-verified as of February 17th with both [redacted] and [redacted] as being current and valid.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 9, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] reiterates that he believes the account to be fraudulent and that he has no recollection of paying Midland Credit in 2011 to resolve the account balance. Midland Credit maintains its position that the account was paid on February 21, 2011 by [redacted] and that it has accurately been reporting the paid status of the above-referenced account to the three major credit reporting agencies since that time.
With that said, Midland Credit continues to stand ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a police report showing that he reported the fraudulent activity. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Additionally, as stated in its previous response, the last four digits of the social security number provided by the seller corresponding to the account are [redacted]. If the last four digits of the social security number provided above do not match the last four digits of [redacted]’s social security number, please have him contact Consumer Support Services at [redacted]
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on November 4, 2014. Midland Credit appreciates the opportunity to answer your questions.
[redacted] continues to allege that Midland Credit has not provided validation of debt. As indicated in its previous response, Midland Credit mailed [redacted] an initial validation letter on November 12, 2010. That letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. Furthermore, Midland Credit did not receive any correspondence requesting validation from [redacted] in response to that letter. As such, Midland Credit maintains its position that [redacted]’s request for validation documentation cannot be considered timely. Because his request is not timely, Midland Credit is not required to provide [redacted] with validation information for this account.
Midland Credit’s business records continue to indicate that it is accurately reporting the above-referenced account to the three major credit reporting agencies. The account will remain marked as “Cease and Desist.” While the account remains due and owing, [redacted] will continue to no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your letter inquiry dated October 8, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer...
your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on May 14, 2012.
Information provided by the seller, [redacted], at the time of acquisition indicates this account
was originated on January 18, 2002 as a [redacted] account number ending in [redacted],
in the name of [redacted], under the last
four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 31, 2011. The balance at the time of purchase was $5,587.31.
While not the
only item of concern identified within [redacted]’s complaint, she claims
Midland Credit representatives contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in
place to ensure that its calls are being placed according to applicable
law. A review of Midland Credit’s business records indicates that Midland
Credit did not call [redacted] more
often than is allowable pursuant to applicable law.
[redacted] also expresses concern that Midland Credit representatives requested
her to verify her Social Security Number.
It is Midland Credit’s policy to verify the consumer’s
information on each call to ensure it does not disclose personal information to
the wrong individual, as well as to protect the privacy of those with whom
Midland Credit conducts business.
Aside
from the above, [redacted] indicates she was not aware that Midland was
attempting to collect on this debt prior to receiving a court notification. However, on June 2, 2012, Midland Credit
mailed [redacted] a validation letter, which informed her that Midland
Funding had acquired the account, and of her rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). The letter was mailed to the same address
listed within [redacted]’s complaint via the United States Postal Service,
and was not returned as “undeliverable” – satisfying the requirements set forth
within the FDCPA.
Midland
Credit did not receive any correspondence disputing the debt or requesting
validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a
consumer provides a debt collector with notice of such a dispute within 30 days
of receiving the initial validation letter, “the debt will be assumed to be
valid by the debt collector.” 15 U.S.C.
§ 1692g(a)(3). Because Midland Credit
did not receive such a notice at the time, Midland Credit appropriately
proceeded with efforts to contact [redacted] and collect the debt.
When
a resolution was not reached, on February 3, 2013, this account was referred to
Midland Credit’s Internal Legal Collections Department (“Internal
Legal”). Their mailing address is PO Box 939033, San Diego, CA 92193.
Their phone number is [redacted] A
copy of the complaint has been forwarded to the firm. Suit
was filed on April 4, 2013, and judgment was subsequently awarded on September
13, 2013.
[redacted] also writes that she has sent
multiple notifications to Internal Legal.
Internal Legal advised that they
received correspondence from [redacted] on May 1, 2013, offering to pay
$100.00 per month on her account. In
response, a letter was sent to [redacted] requesting her to call Internal
Legal to set up a payment plan. On
September 19, 2013, they received correspondence stating that the consumer was
currently experiencing hardship, and offered to submit lowered payments. Another letter was sent to [redacted]
requesting that she call Internal Legal to set up a repayment plan.
When a resolution could not be reached, on
January 8, 2014, an intent to garnish notice was sent to [redacted]. She subsequently returned the notice to Internal
Legal on January 29, 2014, along with a voluntary payment of $11.64 in an
attempt to avoid the garnishment. This
was not a satisfactory amount to avoid garnishment, and the garnishment was
filed on February 10, 2014. Further
review indicates that on April 9, 2014, an Internal Legal representative
attempted to call [redacted] in order to release the garnishment and
establish payment plan. Internal Legal could
not reach her, and she did not return the call.
Lastly, [redacted] writes that she is
experiencing hardship. During a
conversation with Internal Legal on September 25, 2014, she was advised that she
had to provide documentation supporting her hardship. The documentation was received on September
29, 2014. After review, Internal Legal
agreed to modify her garnishment, lowering it to $160.00 per month. The garnishment modification paper work was
mailed to her on October 3, 2014. A
copy is enclosed along with a copy of the judgment.
Midland
Credit encourages [redacted] to continue to work with Internal Legal to
assist in reaching a positive resolution.
[redacted] may reach Internal Legal at their contact information
provided above.
In
the meantime, per [redacted]’s request, the above-referenced account has
been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit
representatives and all correspondence will be sent via the United States
Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland Credit’s
Consumer Support Services team at [redacted] should you have any
further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 26, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 14, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 14, 2013. The current balance is $997.94.
[redacted] expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted]’s concern Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC. Midland Credit has been accurately reporting the above-referenced account to the credit reporting agencies.
With that said, Midland Credit has made the business decision to cease reporting the above-referenced account. The three credit reporting agencies have been notified to delete all reference to the account in question from [redacted]’s consumer credit files.
However, the cessation of credit reporting does not mean the debt is no longer valid. The above-referenced account continues to reflect an unpaid status in Midland Credit’s files. A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted].
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
I faxed over the official release form that was sent to me from the Revdex.com yesterday, by email, in regards to my complaint with the Midland Credit LLC. , I sent the fax this morning, 9/19/2014...
@9:03 a.m., If your office could please let me know that the fax was indeed received I'd appreciate it. Thank you!
Dear [redacted]:
Thank you for your letter inquiry dated September 5, 2014,
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
via E-mail. Midland Credit appreciates the
opportunity to answer your...
questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(“Midland Funding”), on December 28, 2012.
Information provided by the seller, [redacted] at the
time of acquisition indicates this account was originated on August 29, 2010 as
a [redacted] cellular account number ending in [redacted], in the name of [redacted],
under the last four of the social security number [redacted]. Subsequently, the
account was charged-off as an unpaid delinquent-debt on April 8, 2012. The charge-off balance was $1,974.27.
Additional seller fees of $468.57 resulted in a balance at the time of purchase
by Midland Funding of $2,442.84.
[redacted] expresses a concern that her
validation requests have been ignored. On January 12, 2013, Midland
Credit mailed [redacted] a validation letter, which informed her that Midland
Funding had acquired the account, and of her rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as
“undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A review of Midland Credit’s business records
indicates that it received notification from the credit reporting agencies on
October 16, 2013, notifying it of a possible dispute. In response, on October
18, 2013, Midland Credit mailed a copy of the verification information provided
by the seller to [redacted]. Another copy
of the verification information provided by the seller is enclosed.
Lastly, [redacted] expresses a concern that
Midland Credit has re-aged the account by listing an open date that is later
than the original. While Midland Credit
is sensitive to [redacted]’s concern Midland Credit does not alter or modify any
of the original account information provided by the seller, such as the name of
the consumer, the date of origination, or the date of occurrence.
Midland Credit reports the information on the
accounts it services based on the business records maintained by the original lender/seller.
As referenced above, the open date listed on [redacted]’s credit report is in
fact the date of purchase by Midland Funding. In accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date being reported on this account reflects the “date that the
account was purchased by the debt buyer or placed/assigned to the third party
collection agency.”
If [redacted] is ready to settle
the above-referenced debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist her in reaching a resolution that will settle the debt.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Dear *** ***
Thank
you for your letter inquiry dated September
30, 2014, regarding *** ***’s complaint,
which Midland Credit
Management, Inc(“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions
Please note that Midland Credit
provided all relevant account identifying information in its previous response
letter to your office, dated September 23,
In his follow-up, *** ***
requests that the account be deleted from his consumer credit files, due to
fraud. Midland Credit still stands ready
to assist *** *** in clearing his record if he has been a victim of
identity theft or fraud. If such is in
fact the case, Midland Credit respectfully requests that *** *** file a
police report and provide it with a copy of the police report, or provide it
with an affidavit of fraud showing that he reported the fraudulent
activity.
Please note that an affidavit of
fraud can be found at *** *** Again, if submitting an affidavit of fraud, *** *** should complete the form and have the form notarized. He may forward appropriate documentation to
Consumer Support Services at the address on this letterhead. Until it receives such documentation
substantiating his claim, based on the information available to it, Midland
Credit must respectfully conclude that it is accurately reporting the account
to the three major credit reporting agencies
Midland Credit considers consumer
complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the
inconvenience caused to *** ***
Thank you again for your assistance in
this matter. Please contact Midland Credit’s Consumer Support Services
team at *** *** *** *** should you have any further questions
Sincerely,
Midland
Credit Management, Inc
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted
in Colorado; Registered In-House Counsel in California
*** ***
Midland
Credit Management,
Aero Drive, Suite
"margin-bottom:0in;margin-bottom:.0001pt;line-height:
13.5pt">San
Diego, CA
Re: CREDIT COLLECTION Acct # [redacted] and
[redacted]
VIOLATION
OF [redacted] Finance Code [redacted]
To
Whom It May Concern:
I am
sending this letter to you in response to the collection information on
accounts on my credit reportsCREDIT COLLECTION Acct # [redacted] and
[redacted] Your
company is still reporting Delinquent and derogative information to the credit
Reporting agencies without Validating the debt and providing the validation
information requested
These
accounts are past their SOL and your company Re-aged them to look as if opened
this accounts later than their correct DOFDAs I
am [redacted] resident, I will be using [redacted] Finance Code 392.202 to
back up my dispute and I suggest that you adhere to its provisionsI will not
hesitate to act if you disregard my rights or violate the [redacted] Laws
you are required to respectYou have days from your
receipt of this tracked letter to validate this alleged debtIf you cannot or
will not validate this account properly in days, [redacted] Finance Code
392.202(d) requires any trade lines associated with this alleged debt
must be deleted from any and all credit reports/reporting bureaus you may do business
withYou are not to sell, transfer, assign, or share any information about me,
or this alleged debt with anyone else
I am reasonably certain that your staff is aware of the current position of
many courts that continuing to report a trade line is viewed as continuing
collection activitiesI am also reasonably certain that your staff is aware of
the requirements of the [redacted] Finance Code pertaining to the
reporting of matters that are disputedIn particular, I would again point you
in the direction of Section which references the duties of the
collector upon notification of the matter being in dispute
Nothing in this letter authorizes a hard pull or a soft pull of my credit
informationThe account number you have reported to a credit bureau is
included and should provide you with sufficient information with which to
identify me in your existing recordsThere should be no basis for you to
request additional information from me in the validation processIt is not
incumbent upon me, as the injured party, to build your files for you, nor
should I pay a penalty in the form of failure to procure credit from existing
or new lenders and bear a negative impact on credit scores for your attempts to
reconstruct records which you should already have possessed prior to making any
claimIf such retrieval is discovered to have occurred, it will be evaluated
for action as a non-permissible access of the report as well as retaliatory
actions for the exercise of rights provided to me as a consumer under [redacted] law
Be advised you are hereby put on the day notice of "right to
cure" as allowed under the [redacted] Business and Commerce
Code (BCC17)In addition to the reporting requirements incumbent upon
third-party entities, [redacted] law also contains a bonding requirement
A search of the list of bonded agencies provided to me by the Legal Support
Unit/Statutory Documents Section of the Secretary of State did support that a
bond was in place at the time your office claims to have reported the file
Records reflect that the bond is underwritten by [redacted] (policy number [redacted] ) and involvement of their claims
personnel has been held in abeyance pending your compliance with the issues in
this letter
Failure to timely and fully validate this alleged debt will result in an
actionable offense(s) under [redacted] state law, in which damages will
also be sought under § Deceptive Trade Practices-Consumer
Protection Act of the Business and Commerce Code (BCC17)Those damages are
subject under [redacted] law to a trebling upon a showing of gross
negligenceShould legal action be necessary, venue shall reside in [redacted]
County, [redacted]Upon a favorable finding in the [redacted] County courts, claim
will be made against the bondThere are no federal questions being raised in
this matter and any attempt to remove an action to Federal Court will be
challenged
I am also Restating, in writing, that no telephone contact
be made by your officesIf your offices attempt telephone communication with
me, including but not limited to computer generated calls and calls or
correspondence sent to or with any third parties, it will be considered
harassment, and I will have no choice but to file suitAll future
communications with me MUST be done in writing and sent to the address noted in
this letter by United States Postal Service.Best Regards,[redacted]
November 7, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 24, 2014 regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 30, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 22, 2008, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $3,614.59.
While not the only item of concern identified within her complaint, [redacted] indicates she was not notified that the referenced account had been sold. On June 13, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, Midland Credit made the business decision to close the account on May 21, 2013. Since that date, there has been no collection activity or credit reporting of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted]’s consumer credit files. The account will not be sold in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
February 24, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 10, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 16, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 14, 2009, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $195.44. Final payment on the account was received on April 10, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses concern that the above-referenced account may not belong to him, or that the credit reporting may be inaccurate. On November 10, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it received the first written correspondence requesting validation from [redacted] on January 29, 2015, which cannot be considered timely. Midland Credit responded by mailing [redacted] a letter stating that the debt had been previously paid, and that it was accurately being reported on his credit report to reflect a paid status.
Subsequently, Midland Credit received a written dispute on February 6, 2015, from [redacted], explaining that the debt was the product of fraud and was opened against his consent. In keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. A confirmation letter was mailed to [redacted] on February 9, 2015, indicating that the account was closed and reiterating that he has no further financial obligation regarding the account. There will continue to be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies were notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on October 1, 2015 from the Revdex.com ("Revdex.com") of San Diego that was forwarded by the Revdex.com of Metropolitan Houston. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information for the above-referenced account in its previous letter response to your office dated February 4, 2015. As stated in its previous responses, Midland Credit mailed [redacted] a validation letter for the above-referenced account on or about May 21, 2011. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). A copy of the verification information provided by the seller for the above-referenced account was enclosed in Midland Credit’s previous response on March 3, 2015.
[redacted] states that the verification information previously provided for the above-referenced account was insufficient to verify the validity of the account on his credit report. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] also states that the seven-year Federal Reporting period on the above-referenced account has expired. The seven-year Federal Reporting period does not begin until an account is delinquent. Information provided by the seller at the time of acquisition indicates this account became did not become delinquent until November 2008. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account does not expire until November 2015. Additionally, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents an account from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] I will wait for 7 days for the business to perform this action and provide proof. If it does, I will consider this issue resolved. Thank you for your assistance in dealing with this predatory, unethical, and unlawful behavior.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated November 5, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 30, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 1, 2005, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2010. The balance at the time of purchase was $682.50.
[redacted] expresses a concern that his validation requests have been ignored. On January 17, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses concern that he never opened an account with Midland Credit. As indicated above, the account originated with [redacted]. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
[redacted] also questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit representatives regarding the account and all correspondence will be sent via the United States Postal Service.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry dated November 6, 2014, regarding Ms. [redacted]‘s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Ms....
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on September 8, 2009. Information provided by the seller, [redacted], LLC, at the time of acquisition indicates this account was originated on November 15, 2005, as a [redacted] VISA card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 28, 2009. The balance at the time of purchase was $255.67.
Ms. [redacted] expresses a concern in regard to the validity of the debt. On December 5, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Ms. [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Ms. [redacted] on September 12, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
Ms. [redacted] also questions whether the above-referenced account may be reported on her consumer credit files, due to an order issued by the Federal Trade Commission (“FTC”), which Ms. [redacted] states applies to the credit reporting of the above-referenced account.
After reviewing both the account information, as well as a copy of FTC order [redacted], please note that while the FTC may have issued an order against the [redacted] and [redacted], LLC providing restitution payments to certain defined consumers, it does not render all accounts ever issued by [redacted] invalid or unenforceable. Part II of the FTC order provides that only affected accounts in which the restitution payments were greater than the balance due were to be removed from a consumer’s credit files. Accounts in which a balance remained after an adjustment for restitution payments, the consumer’s credit files were allowed to be updated under the FTC order.
Prior to receiving Ms. [redacted]’s complaint, Midland Credit received additional correspondence from Ms. [redacted] disputing the debt. Although her request was not timely, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from your consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I was notified that my complaints against Midland Credit Management is considered resolved. I did not see this business' s response until Revdex.com San Diego sent me notice of resolved status. Please reopen this complaint. Midland Credit Management is a junk debt buyer (jdb). They have not adequate provided verification of any debt submitted to the credit reporting agencies via my credit reports. At least one of the company's they are reporting was shut down by the government and is no long in business. This jdb has re- aged the account according to their date of purchase Thank you for taking the time to review my file and to help me with this matter of dealing with Midland Credit Management. To date, Midland has a poor track record in regards to its collection tactics which have resulted in fines from the United States Government and from individual states as well. As of this year Midland has had to pay close to one million dollars in fines and penalties due to their unlawful business procedures which violate the consumer’s rights. Their illegal actions have caused thousands upon thousands of consumer’s credit files to be tainted with negative remarks. I realize that litigation against this company is the next step in my process. I thank you one again for your time and I look forward to having Midland Credit Management removed from my credit files.This jdb needs to remove all of their obsolete, erroneous, and derogatory information from my credit files immediately.
March 11, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015. [redacted] writes that the only correspondence she received from Midland Credit is the recent correspondence from February 2015, and the previous Revdex.com response. As stated in its previous response, Midland Credit mailed [redacted] a validation letter on October 7, 2011, which was mailed to her at the same address listed within her complaint. This letter and subsequent correspondence mailed to [redacted] was not returned as undeliverable.
[redacted] also states that while Midland Credit provided validation documentation, it did not provide an application, signature, or other form of request. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Lastly, [redacted] indicates that the above-referenced debt might be the product of fraud. Midland Credit stands ready to assist her in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that she provide a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted] is ready to resolve the debt, she may qualify for a reduction in her account balance. Please have her call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as resolve the account balance.
In the meantime, per [redacted]’s previous request, the account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Per Midland assigning numbers to the complaint. Pointless!Still an offshore boiler room looking for vulnerable citizens to defraud. This response is just an obfuscation. They will continue to do what they are doing. Probably to your Grandmother or Aunt.[redacted]>>>>>>>>Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Please see attached two (2) page document of my recent mobile phone log for [redacted] indicating incoming calls from three (3) separate phone numbers all linked to Midland Credit Management. These numbers include [redacted]. Note, calls marked 'Toll-Free CL' indicate outgoing calls I made to request removal of my phone number [redacted] from their calling system and in all instances lead to failure of doing so.It should be clear to [redacted] representative of Midland Credit Management Inc, that the phone calls in question are being received by my private mobile telephone number [redacted] after he reviews the attached logs. I trust [redacted] and Midland Credit Management Inc will take proper measures to insure my telephone number and name are fully removed from their database.I appreciate the Revdex.com's efforts in mitigating this issue and I hope a resolution is reached promptly.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I find their response to be far from helpful, if not downright disingenuous. I have contacted Midland in writing with my current address (at which I have resided for two years) as well as have contested the reported debt with the credit bureaus - with the address provided as being my current address - which they've responded to as being accurate and valid.The account number Midland provides the credit reporting agencies is: [redacted]"My previous addresses is:[redacted]My maiden name was "[redacted]", and the last 4 digits of my SSN is "[redacted]".This should be more than ample information to help them locate the account they have re-verified as of February 17th with both [redacted] and [redacted] as being current and valid.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 9, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] reiterates that he believes the account to be fraudulent and that he has no recollection of paying Midland Credit in 2011 to resolve the account balance. Midland Credit maintains its position that the account was paid on February 21, 2011 by [redacted] and that it has accurately been reporting the paid status of the above-referenced account to the three major credit reporting agencies since that time.
With that said, Midland Credit continues to stand ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a police report showing that he reported the fraudulent activity. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Additionally, as stated in its previous response, the last four digits of the social security number provided by the seller corresponding to the account are [redacted]. If the last four digits of the social security number provided above do not match the last four digits of [redacted]’s social security number, please have him contact Consumer Support Services at [redacted]
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
November 18, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received on November 4, 2014. Midland Credit appreciates the opportunity to answer your questions.
[redacted] continues to allege that Midland Credit has not provided validation of debt. As indicated in its previous response, Midland Credit mailed [redacted] an initial validation letter on November 12, 2010. That letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. Furthermore, Midland Credit did not receive any correspondence requesting validation from [redacted] in response to that letter. As such, Midland Credit maintains its position that [redacted]’s request for validation documentation cannot be considered timely. Because his request is not timely, Midland Credit is not required to provide [redacted] with validation information for this account.
Midland Credit’s business records continue to indicate that it is accurately reporting the above-referenced account to the three major credit reporting agencies. The account will remain marked as “Cease and Desist.” While the account remains due and owing, [redacted] will continue to no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 8, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer...
your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on May 14, 2012.
Information provided by the seller, [redacted], at the time of acquisition indicates this account
was originated on January 18, 2002 as a [redacted] account number ending in [redacted],
in the name of [redacted], under the last
four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 31, 2011. The balance at the time of purchase was $5,587.31.
While not the
only item of concern identified within [redacted]’s complaint, she claims
Midland Credit representatives contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in
place to ensure that its calls are being placed according to applicable
law. A review of Midland Credit’s business records indicates that Midland
Credit did not call [redacted] more
often than is allowable pursuant to applicable law.
[redacted] also expresses concern that Midland Credit representatives requested
her to verify her Social Security Number.
It is Midland Credit’s policy to verify the consumer’s
information on each call to ensure it does not disclose personal information to
the wrong individual, as well as to protect the privacy of those with whom
Midland Credit conducts business.
Aside
from the above, [redacted] indicates she was not aware that Midland was
attempting to collect on this debt prior to receiving a court notification. However, on June 2, 2012, Midland Credit
mailed [redacted] a validation letter, which informed her that Midland
Funding had acquired the account, and of her rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). The letter was mailed to the same address
listed within [redacted]’s complaint via the United States Postal Service,
and was not returned as “undeliverable” – satisfying the requirements set forth
within the FDCPA.
Midland
Credit did not receive any correspondence disputing the debt or requesting
validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a
consumer provides a debt collector with notice of such a dispute within 30 days
of receiving the initial validation letter, “the debt will be assumed to be
valid by the debt collector.” 15 U.S.C.
§ 1692g(a)(3). Because Midland Credit
did not receive such a notice at the time, Midland Credit appropriately
proceeded with efforts to contact [redacted] and collect the debt.
When
a resolution was not reached, on February 3, 2013, this account was referred to
Midland Credit’s Internal Legal Collections Department (“Internal
Legal”). Their mailing address is PO Box 939033, San Diego, CA 92193.
Their phone number is [redacted] A
copy of the complaint has been forwarded to the firm. Suit
was filed on April 4, 2013, and judgment was subsequently awarded on September
13, 2013.
[redacted] also writes that she has sent
multiple notifications to Internal Legal.
Internal Legal advised that they
received correspondence from [redacted] on May 1, 2013, offering to pay
$100.00 per month on her account. In
response, a letter was sent to [redacted] requesting her to call Internal
Legal to set up a payment plan. On
September 19, 2013, they received correspondence stating that the consumer was
currently experiencing hardship, and offered to submit lowered payments. Another letter was sent to [redacted]
requesting that she call Internal Legal to set up a repayment plan.
When a resolution could not be reached, on
January 8, 2014, an intent to garnish notice was sent to [redacted]. She subsequently returned the notice to Internal
Legal on January 29, 2014, along with a voluntary payment of $11.64 in an
attempt to avoid the garnishment. This
was not a satisfactory amount to avoid garnishment, and the garnishment was
filed on February 10, 2014. Further
review indicates that on April 9, 2014, an Internal Legal representative
attempted to call [redacted] in order to release the garnishment and
establish payment plan. Internal Legal could
not reach her, and she did not return the call.
Lastly, [redacted] writes that she is
experiencing hardship. During a
conversation with Internal Legal on September 25, 2014, she was advised that she
had to provide documentation supporting her hardship. The documentation was received on September
29, 2014. After review, Internal Legal
agreed to modify her garnishment, lowering it to $160.00 per month. The garnishment modification paper work was
mailed to her on October 3, 2014. A
copy is enclosed along with a copy of the judgment.
Midland
Credit encourages [redacted] to continue to work with Internal Legal to
assist in reaching a positive resolution.
[redacted] may reach Internal Legal at their contact information
provided above.
In
the meantime, per [redacted]’s request, the above-referenced account has
been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit
representatives and all correspondence will be sent via the United States
Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland Credit’s
Consumer Support Services team at [redacted] should you have any
further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 26, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 14, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 14, 2013. The current balance is $997.94.
[redacted] expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted]’s concern Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC. Midland Credit has been accurately reporting the above-referenced account to the credit reporting agencies.
With that said, Midland Credit has made the business decision to cease reporting the above-referenced account. The three credit reporting agencies have been notified to delete all reference to the account in question from [redacted]’s consumer credit files.
However, the cessation of credit reporting does not mean the debt is no longer valid. The above-referenced account continues to reflect an unpaid status in Midland Credit’s files. A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted].
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Revdex.com,
Attn: [redacted]
Good Morning,
I faxed over the official release form that was sent to me from the Revdex.com yesterday, by email, in regards to my complaint with the Midland Credit LLC. , I sent the fax this morning, 9/19/2014...
@9:03 a.m., If your office could please let me know that the fax was indeed received I'd appreciate it. Thank you!
Kind Regards,
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated September 5, 2014,
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
via E-mail. Midland Credit appreciates the
opportunity to answer your...
questions.
An
investigation of this matter indicates that Midland Credit became the servicer
of the above-referenced account on behalf of purchaser, Midland Funding LLC
(“Midland Funding”), on December 28, 2012.
Information provided by the seller, [redacted] at the
time of acquisition indicates this account was originated on August 29, 2010 as
a [redacted] cellular account number ending in [redacted], in the name of [redacted],
under the last four of the social security number [redacted]. Subsequently, the
account was charged-off as an unpaid delinquent-debt on April 8, 2012. The charge-off balance was $1,974.27.
Additional seller fees of $468.57 resulted in a balance at the time of purchase
by Midland Funding of $2,442.84.
[redacted] expresses a concern that her
validation requests have been ignored. On January 12, 2013, Midland
Credit mailed [redacted] a validation letter, which informed her that Midland
Funding had acquired the account, and of her rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as
“undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to the
letter, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A review of Midland Credit’s business records
indicates that it received notification from the credit reporting agencies on
October 16, 2013, notifying it of a possible dispute. In response, on October
18, 2013, Midland Credit mailed a copy of the verification information provided
by the seller to [redacted]. Another copy
of the verification information provided by the seller is enclosed.
Lastly, [redacted] expresses a concern that
Midland Credit has re-aged the account by listing an open date that is later
than the original. While Midland Credit
is sensitive to [redacted]’s concern Midland Credit does not alter or modify any
of the original account information provided by the seller, such as the name of
the consumer, the date of origination, or the date of occurrence.
Midland Credit reports the information on the
accounts it services based on the business records maintained by the original lender/seller.
As referenced above, the open date listed on [redacted]’s credit report is in
fact the date of purchase by Midland Funding. In accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date being reported on this account reflects the “date that the
account was purchased by the debt buyer or placed/assigned to the third party
collection agency.”
If [redacted] is ready to settle
the above-referenced debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist her in reaching a resolution that will settle the debt.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure