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 September 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 15, 2008 as a [redacted] credit 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 November 21, 2011. The balance at the time of purchase was $349.47.
[redacted] expresses a concern that Midland Credit never contacted her about the above-referenced account. However, on October 5, 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 [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. 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.
Additionally, [redacted] indicated that Midland Credit has violated the Fair Credit Reporting Act, and provided a URL to the [redacted]. The URL provided appears to be for [redacted], which is not an entity that is affiliated with Midland Credit in any way.
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, she may qualify for a reduction in her account balance. Please have [redacted] call 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.
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] 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]
[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], [redacted], and [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 21, 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 May 13, 2015.
[redacted] states that she never received the validation letters referenced in Midland Credit’s previous response, and requests that Midland Credit provide copies of the letters sent to her. Please note that Midland Credit does not keep copies of all correspondence. The initial validation letters provided are accurate representations of what [redacted] would have received. The actual letters sent to [redacted] would have contained information specific to her accounts. Additionally, the address to which the validation letters were mailed is [redacted], which is the address provided by the original creditor at the time of purchase by Midland Funding, LLC.
The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Again, [redacted] did not respond to these letters with a dispute or request for validation of the debt. 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 debts.
[redacted] also requests documents showing the assignment and purchase of the debt, and that Midland Credit was on the original contract. 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. Please note that 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. A copy of the chain of title and bill of sale are enclosed for [redacted]’ records.
Midland Credit has contacted the sellers for the above-referenced accounts to obtain further verification documentation, which will be forwarded to your office upon receipt. Additionally, Midland Credit will not report the accounts to the three major credit reporting agencies until it is able to provide verification of the debts.
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 follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
March 31, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] enclosed his phone logs showing numbers
placed to him at [redacted] from phone numbers belonging to Midland
Credit. While Midland Credit
acknowledges his concerns, despite the documentation provided, after a search
of its business records Midland Credit is unable to locate any calls to this
number. Additionally, a search for his
phone number within Midland Credit’s files was unable to locate it being
associated with any account being serviced by Midland Credit.
With that said, it is possible that Midland Credit is
calling another number which is then being forwarded to [redacted]. If this is the case, Midland Credit
respectfully requests [redacted] contact its Consumer Support Services team at [redacted] to provide any additional
phone number(s) which could be the source of such forwarding. Midland Credit will then be able to
investigate further and should a phone number it is calling be located, will be
able to block further calls to that number.
In the meantime, Midland Credit is continuing to look
into the matter using the dates and times contained within the provided phone
logs and will follow up with [redacted] through your office if additional
information is obtained.
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 have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am not satisfied with the resolution because I feel that they have accrued way too much interest from the original account. They have ruined my credit report for 5 years now. I know that other collection agencies have called me after hours and at work, and I am sure these people did the same. The letter of validation I don't remember getting, it might have been misplaced. It seems that this company finds every way to weasel around the law just enough to be safe, so I don't have any more energy to waste on this matter. I would like them to fully delete the credit matter from my report, but it seems that just is not possible.
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 have tried to respond to this complaint through the website however their was an error. So I am not satisfied with Midlands response. The bill of sale is fake. I didn’t have that address when I had an account with HSBC. Furthermore I have include an attachment which shows the HSBC tradeline on my credit report as of today and it states the charge off date as 08/11/2008 and that makes the DOFD 2/2008. HSBC also stated this account is paid in full. I want Midland to purge this account from my credit report and from their records. Complaint #[redacted]
September 25, 2014
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 dated September 11, 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.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by his attorney. If [redacted] is no longer represented by an attorney, please have him provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with him directly.
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 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 14, 2001 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 December 17, 2011. The balance at the time of purchase by Midland Funding was $418.40. Final payment on the account was received on March 4, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that he settled the debt because Midland Credit agreed to remove its tradeline from his consumer credit files. Please note that it is Midland Credit’s policy to report all accounts accurately. At the time [redacted] paid the account, its policy was to report the account as “Account paid in full, was a collection account.” Midland Credit’s tradeline at this time should reflect such language on [redacted]’s consumer credit files. Midland Credit’s business records appear to indicate that no violation of this policy has occurred. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
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]
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, when it does send deletions to [redacted] within 15 days, will consider this complaint resolved. I wish to thank Midland Funding/Midland Credit Management, and the San Diego Revdex.com, for their time and efforts to resolve this dispute.
Regards,
[redacted]
Thank you for your letter inquiry dated November 7, 2014, regarding Mr. [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 December 28, 2012. Information provided by the seller, [redacted] Holdings LLC, at the time of acquisition indicates this account was originated on December 9, 2003, 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 3, 2012. The balance at the time of purchase was $435.39. Final payment on the account was received on February 22, 2013. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] indicated that he paid Midland Credit because he was told the account would be reported as a collection to the credit reporting agencies. As Midland Credit is a collection agency, every account reported to the credit reporting agencies is listed as a collection account. Although no specific instance was provided in the complaint, should Mr. [redacted] have been advised how the account would be reported, this was an accurate statement of how the item would be reflected on his credit report and not a threat in order to obtain payment.
Mr. [redacted] also expresses a concern that he paid [redacted] prior to Midland Credit becoming the servicer of the account. A review of Midland Credit’s business records indicates that the last payment Mr. [redacted] made to [redacted] was on November 28, 2011 for $295.17. As indicated above, the account was subsequently charged off on April 3, 2012 with a balance still due and owing. Mr. [redacted] then paid Midland Credit for the account in February of 2013.
The first time Mr. [redacted] indicated that he had made prior payments resolving the debt with the original creditor was in September, 2013 through a dispute made to the credit reporting agencies. His dispute did not include any supporting documentation of his claim, nor has any such documentation been received to date. Midland Credit inquired with [redacted] about the matter and they advised that no payment was made to them after November 28, 2011 but prior to the sale of the account to Midland Funding.
With that said, [redacted] has advised that Mr. [redacted] very recently made a direct payment to them on November 1, 2014 in the amount of $435.39. However, as indicated above, he settled the account with a payment to Midland Credit on February 22, 2013. As [redacted] is no longer the owner of the account, and were unaware of the account’s paid status with Midland Credit, they were in the process of preparing to forward the funds to Midland Credit. However, Midland Credit advised [redacted] that the account balance had already been resolved with Midland Credit, and [redacted] is currently in the process of returning the funds paid to them on November 1, 2014, directly to Mr. [redacted].
Mr. [redacted] also expresses a desire to have the account deleted from his consumer credit files. While Midland Credit did not make a prior agreement to delete the credit reporting in exchange for payment, per its Consumer-First policy it will fulfill his request. While the account will continue to appropriately reflect a paid status within Midland Credit’s files, the credit reporting agencies have been notified to remove the item from Mr. [redacted]’s credit report.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [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]
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] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2015.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 6, 2015. [redacted] writes that he will be escalating the matter to a government agency.
As stated in its previous response, Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close 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] consumer credit files.
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]
Thank you for your letter inquiry
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
July 9, 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 29, 2009. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on May 7, 1994 as a [redacted] Consumer credit 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 September 25, 2009. The balance at the time of purchase was $291.00.
The
three credit-reporting agencies were previously notified to delete Midland
Credit’s reference to the collection account in question from Ms. [redacted]’s
consumer credit files on or about September 25, 2013, October 23, 2013,
November 19, 2013 and December 17, 2013.
It appears the information was not properly updated by the
credit-reporting agencies. Midland
Credit sent an additional request to the credit-reporting agencies to delete
the account on July 16, 2015. The AUD
number, which is the confirmation number supplied to Midland Credit when the
request was sent, is [redacted]. Please
note that it may take the credit-reporting agencies 30-60 days to update the
information in Ms. [redacted]’s consumer credit files. If the account continues to reflect on her
consumer credit files, Midland Credit encourages Ms. [redacted] to contact the
credit-reporting agencies directly.
While
Midland Credit has acted in a timely manner and has complied with all
applicable laws, in keeping with its Consumer-First policy, Midland Credit has
made the business decision to close the account. There will be no further collection activity,
credit reporting or sale of this account.
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
Dear[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 8, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note, Midland Credit had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
[redacted] phone number [redacted] has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls at that number from Midland Credit representatives regarding the referenced account. Please note that Midland Credit does not have phone number [redacted] in its system. [redacted]’s phone numbers have been added to an exclusion list to prevent them from being called in the future regarding the referenced account.
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 follow-up letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
May 31, 2016.
Midland Credit appreciates the opportunity to answer your questions.
Ms. [redacted]
indicates that she has been unsuccessful in reaching Ms. [redacted], and would like
to be contacted. Upon receipt of Ms.
[redacted]’s complaint, Ms. [redacted] attempted to call Ms. [redacted] on her work and cell
phone numbers, but has been unable to reach her. Additionally, please note that
Midland Credit has strict guidelines that its representatives must adhere to
when leaving messages. This policy assists in preventing the inadvertent
disclosure of private consumer information to third parties. Due to these
restrictions, no messages have been or can be left.
Furthermore,
Ms. [redacted] expresses concern that the account is appearing on her credit report
as a collections account. Depending on
the current condition of a given account, Midland Credit will furnish an
account as either “Account assigned to
internal or external collections,” “Account
paid in full, was a collection account,” or “Account paid in full for
less than the full balance.” Midland Credit’s business records
indicate that the account information it is furnishing to the three major
credit reporting agencies is accurate.
Ms.
[redacted] is encouraged to communicate directly with the credit bureaus should she
have any further concerns. In addition,
if Ms. [redacted] obtained her credit report from a compilation source, the
information being reported may appear to vary.
The credit bureaus have advised that it appears this way because they do
not directly populate the fields on credit reports pulled from any source other
than directly from the credit bureau itself.
Ms. [redacted] also
questions the difference between the amounts for which the original creditor
charged off the account, compared to the balance Midland Credit is collecting. A review of Midland Credit’s business records
indicates that the account was charged off with a balance of $1,603.25. The current balance due is $1,553.25, which
is the charge-off balance minus one $50.00 payment made by Ms. [redacted] on March
30, 2016. A copy of the charge-off
statement provided by the original creditor, showing the $1,603.25 charge-off
amount, is enclosed.
If Ms. [redacted]
wishes to contact Ms. [redacted], she may reach her at (800) 825-8131
ext. [redacted], Monday through Wednesday 9:00am - 1:00pm, 2:00pm –
6:00pm PST, and Thursday through Friday 6:30am - 11:00am, 12:00pm – 3:30pm PST.
If Ms. [redacted] has a preferred time or
phone number at which she would like to be contacted, she may contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] Monday through Friday, 8:00am to 4:00pm PST, to provide such
information. Additionally, Midland
Credit will continue call attempts to Ms. [redacted] per her request.
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.
Regards,
[redacted]
The reason I am rejecting this is one for the fact that this company has made it very hard for me to apply for any type of leasing, high interest rates on my credit cards. I have repeatedly tried to tell this company about the communication error and the mix up of the whole phone contract. This company was very rude at times and during my explanations or any type of negotiations, they would hang up on me call me once a day and I felt harassed. The main reason why I rejecting this offer is just yesterday 8/25/14 I still see this debt on my credit report still as an OPEN NEGATIVE ACCOUNT which is killing my credit score monthly. As read this company was told and acknowledged that the account contract was in error and replaced my the selling company [redacted], and that this would be deleted or erased. It is now 3 weeks later and nothing has changed. I have also read many reviews about Credit Management, saying they don't comply with consumers and it's a long duration for them to conduct any credit statuses. I really need this problem resolved before I take legal action.
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
January 17, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit provided all
of the account identifying information for the three accounts referenced above
in its previous letter response to your office dated February 4, 2015.
[redacted] writes that he still believes that
Midland Credit must provide him verification of the debts. As stated in its previous response: Midland Credit mailed [redacted] separate and unique
validation letters for each of the accounts.
These letters informed him that Midland Funding had acquired the
accounts, and of his rights pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692 et seq. (“FDCPA”). Midland Credit’s business records indicate
that it did not receive any correspondence disputing the debts or requesting
validation from [redacted] in response to the letters.
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 notices in a timely manner, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced accounts to the
three major credit reporting agencies.
That
being said, Midland Credit has since received verification information from the
sellers for account nos. [redacted] and [redacted]. Copies of the verification information
provided by the sellers for these two accounts are enclosed for [redacted]’s
records.
Midland
Credit stands 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 copy of either a police report or affidavit of
fraud showing that he 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. He may forward appropriate documentation to
Consumer Support Services at the address on this letterhead.
Otherwise,
as stated in Midland Credit’s previous response; if [redacted] is ready to
resolve the above-referenced debts, he may qualify for a reduction in his
account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to
assist him in reaching resolutions that will be both beneficial to him, as well
as resolve the account balances.
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.
<!--[endif]-->
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 24, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter...
indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced accounts.
[redacted] phone number, [redacted], was first disabled after a phone conversation, presumably with her, on May 27, 2014; however, subsequently, her number was provided to Midland Credit by a third party vendor for a different account. [redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts and she will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted] phone number has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
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 letter inquiry dated October 6, 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. ...
[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 June 21, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 8, 2010 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 September 2, 2010. The balance at the time of purchase was $1,341.16.
[redacted] expresses concern that Midland Credit attempted to process a payment prior to the agreed upon date. A review of Midland Credit’s business records indicates that on August 14, 2014, during a conversation with a Midland Credit representative, [redacted] agreed to a repayment plan that consisted of seven monthly payments of $105.37, on the 5th of every month, starting September 5, 2014. It appears that due to administrative oversight, the Midland Credit representative did not change the date to the 5th, so the system recognized that the repayment plan began on the same date.
On August 21, 2014, when the oversight was discovered, the account manager attempted to call [redacted] back to inform her of the error. The call was subsequently transferred to a Group Manager, who attempted to inform [redacted] that no funds were taken because the account number entered into the system was invalid. Midland Credit sincerely apologizes for any inconvenience [redacted] may have experienced.
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 her at ([redacted] ext. [redacted] if she wishes to reinstate the payment plan arrangement or discuss other repayment options.
Lastly, [redacted] also mentions that she receives income from Social Security benefits. As stated in Article 3 of its Consumer Bill of Rights, Midland Credit stands ready to assist [redacted], and will cease collection activities, when it receives documentation indicating that [redacted]’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that [redacted] has no access to other assets. [redacted] may submit the appropriate documentation to Consumer Support Services at the address on this letter head. In the meantime, the above-referenced account will remain coded “cease and desist.”
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 have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
There was no such correspondence received by me. The Revdex.com should note that Midland failed to resolve the issue
Regards,
[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 Ms[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 30, 2016. 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 November 21, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 12, 2011 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 October 24, 2013. The balance at the time of purchase was $981.50. Final payment on the account was received by Midland Credit on May 28, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that he has received calls 10 times a day. 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 a concern over information that he was advised during phone calls with Midland Credit representatives. A review of Midland Credit’s business records appears to indicate that [redacted] was not advised that the account would be removed from his credit report once it had been paid. Midland Credit apologizes for any misunderstandings that may have happened regarding this account. A review of Midland Credit’s business records appear to indicate its representatives have acted appropriately.
With that said, on October 3, 2016, a Midland Credit representative reached out to [redacted]. During the phone conversation, [redacted] was advised that an update would be sent to the credit reporting agencies to have the account information removed from his credit files. The confirmation number for the update that was sent to the credit reporting agencies is [redacted]
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
Hello,
Please find attached a copy of the signed and dated release form as requested.
Thank you,
[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 September 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 15, 2008 as a [redacted] credit 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 November 21, 2011. The balance at the time of purchase was $349.47.
[redacted] expresses a concern that Midland Credit never contacted her about the above-referenced account. However, on October 5, 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 [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. 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.
Additionally, [redacted] indicated that Midland Credit has violated the Fair Credit Reporting Act, and provided a URL to the [redacted]. The URL provided appears to be for [redacted], which is not an entity that is affiliated with Midland Credit in any way.
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, she may qualify for a reduction in her account balance. Please have [redacted] call 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.
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] 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]
June 3, 2015
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], [redacted], and [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 21, 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 May 13, 2015.
[redacted] states that she never received the validation letters referenced in Midland Credit’s previous response, and requests that Midland Credit provide copies of the letters sent to her. Please note that Midland Credit does not keep copies of all correspondence. The initial validation letters provided are accurate representations of what [redacted] would have received. The actual letters sent to [redacted] would have contained information specific to her accounts. Additionally, the address to which the validation letters were mailed is [redacted], which is the address provided by the original creditor at the time of purchase by Midland Funding, LLC.
The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Again, [redacted] did not respond to these letters with a dispute or request for validation of the debt. 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 debts.
[redacted] also requests documents showing the assignment and purchase of the debt, and that Midland Credit was on the original contract. 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. Please note that 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. A copy of the chain of title and bill of sale are enclosed for [redacted]’ records.
Midland Credit has contacted the sellers for the above-referenced accounts to obtain further verification documentation, which will be forwarded to your office upon receipt. Additionally, Midland Credit will not report the accounts to the three major credit reporting agencies until it is able to provide verification of the debts.
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 [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
March 31, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] enclosed his phone logs showing numbers
placed to him at [redacted] from phone numbers belonging to Midland
Credit. While Midland Credit
acknowledges his concerns, despite the documentation provided, after a search
of its business records Midland Credit is unable to locate any calls to this
number. Additionally, a search for his
phone number within Midland Credit’s files was unable to locate it being
associated with any account being serviced by Midland Credit.
With that said, it is possible that Midland Credit is
calling another number which is then being forwarded to [redacted]. If this is the case, Midland Credit
respectfully requests [redacted] contact its Consumer Support Services team at [redacted] to provide any additional
phone number(s) which could be the source of such forwarding. Midland Credit will then be able to
investigate further and should a phone number it is calling be located, will be
able to block further calls to that number.
In the meantime, Midland Credit is continuing to look
into the matter using the dates and times contained within the provided phone
logs and will follow up with [redacted] through your office if additional
information is obtained.
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], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am not satisfied with the resolution because I feel that they have accrued way too much interest from the original account. They have ruined my credit report for 5 years now. I know that other collection agencies have called me after hours and at work, and I am sure these people did the same. The letter of validation I don't remember getting, it might have been misplaced. It seems that this company finds every way to weasel around the law just enough to be safe, so I don't have any more energy to waste on this matter. I would like them to fully delete the credit matter from my report, but it seems that just is not possible.
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 have tried to respond to this complaint through the website however their was an error. So I am not satisfied with Midlands response. The bill of sale is fake. I didn’t have that address when I had an account with HSBC. Furthermore I have include an attachment which shows the HSBC tradeline on my credit report as of today and it states the charge off date as 08/11/2008 and that makes the DOFD 2/2008. HSBC also stated this account is paid in full. I want Midland to purge this account from my credit report and from their records. Complaint #[redacted]
[redacted]
September 25, 2014
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 dated September 11, 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.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by his attorney. If [redacted] is no longer represented by an attorney, please have him provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with him directly.
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 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 14, 2001 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 December 17, 2011. The balance at the time of purchase by Midland Funding was $418.40. Final payment on the account was received on March 4, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that he settled the debt because Midland Credit agreed to remove its tradeline from his consumer credit files. Please note that it is Midland Credit’s policy to report all accounts accurately. At the time [redacted] paid the account, its policy was to report the account as “Account paid in full, was a collection account.” Midland Credit’s tradeline at this time should reflect such language on [redacted]’s consumer credit files. Midland Credit’s business records appear to indicate that no violation of this policy has occurred. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
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]
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, when it does send deletions to [redacted] within 15 days, will consider this complaint resolved. I wish to thank Midland Funding/Midland Credit Management, and the San Diego Revdex.com, for their time and efforts to resolve this dispute.
Regards,
[redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry dated November 7, 2014, regarding Mr. [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 December 28, 2012. Information provided by the seller, [redacted] Holdings LLC, at the time of acquisition indicates this account was originated on December 9, 2003, 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 3, 2012. The balance at the time of purchase was $435.39. Final payment on the account was received on February 22, 2013. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] indicated that he paid Midland Credit because he was told the account would be reported as a collection to the credit reporting agencies. As Midland Credit is a collection agency, every account reported to the credit reporting agencies is listed as a collection account. Although no specific instance was provided in the complaint, should Mr. [redacted] have been advised how the account would be reported, this was an accurate statement of how the item would be reflected on his credit report and not a threat in order to obtain payment.
Mr. [redacted] also expresses a concern that he paid [redacted] prior to Midland Credit becoming the servicer of the account. A review of Midland Credit’s business records indicates that the last payment Mr. [redacted] made to [redacted] was on November 28, 2011 for $295.17. As indicated above, the account was subsequently charged off on April 3, 2012 with a balance still due and owing. Mr. [redacted] then paid Midland Credit for the account in February of 2013.
The first time Mr. [redacted] indicated that he had made prior payments resolving the debt with the original creditor was in September, 2013 through a dispute made to the credit reporting agencies. His dispute did not include any supporting documentation of his claim, nor has any such documentation been received to date. Midland Credit inquired with [redacted] about the matter and they advised that no payment was made to them after November 28, 2011 but prior to the sale of the account to Midland Funding.
With that said, [redacted] has advised that Mr. [redacted] very recently made a direct payment to them on November 1, 2014 in the amount of $435.39. However, as indicated above, he settled the account with a payment to Midland Credit on February 22, 2013. As [redacted] is no longer the owner of the account, and were unaware of the account’s paid status with Midland Credit, they were in the process of preparing to forward the funds to Midland Credit. However, Midland Credit advised [redacted] that the account balance had already been resolved with Midland Credit, and [redacted] is currently in the process of returning the funds paid to them on November 1, 2014, directly to Mr. [redacted].
Mr. [redacted] also expresses a desire to have the account deleted from his consumer credit files. While Midland Credit did not make a prior agreement to delete the credit reporting in exchange for payment, per its Consumer-First policy it will fulfill his request. While the account will continue to appropriately reflect a paid status within Midland Credit’s files, the credit reporting agencies have been notified to remove the item from Mr. [redacted]’s credit report.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [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]
March 3, 2015
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] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2015.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 6, 2015. [redacted] writes that he will be escalating the matter to a government agency.
As stated in its previous response, Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close 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] consumer credit files.
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
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
July 9, 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 29, 2009. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on May 7, 1994 as a [redacted] Consumer credit 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 September 25, 2009. The balance at the time of purchase was $291.00.
The
three credit-reporting agencies were previously notified to delete Midland
Credit’s reference to the collection account in question from Ms. [redacted]’s
consumer credit files on or about September 25, 2013, October 23, 2013,
November 19, 2013 and December 17, 2013.
It appears the information was not properly updated by the
credit-reporting agencies. Midland
Credit sent an additional request to the credit-reporting agencies to delete
the account on July 16, 2015. The AUD
number, which is the confirmation number supplied to Midland Credit when the
request was sent, is [redacted]. Please
note that it may take the credit-reporting agencies 30-60 days to update the
information in Ms. [redacted]’s consumer credit files. If the account continues to reflect on her
consumer credit files, Midland Credit encourages Ms. [redacted] to contact the
credit-reporting agencies directly.
While
Midland Credit has acted in a timely manner and has complied with all
applicable laws, in keeping with its Consumer-First policy, Midland Credit has
made the business decision to close the account. There will be no further collection activity,
credit reporting or sale of this account.
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]
Dear[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 8, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note, Midland Credit had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
[redacted] phone number [redacted] has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls at that number from Midland Credit representatives regarding the referenced account. Please note that Midland Credit does not have phone number [redacted] in its system. [redacted]’s phone numbers have been added to an exclusion list to prevent them from being called in the future regarding the referenced account.
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 follow-up letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
May 31, 2016.
Midland Credit appreciates the opportunity to answer your questions.
Ms. [redacted]
indicates that she has been unsuccessful in reaching Ms. [redacted], and would like
to be contacted. Upon receipt of Ms.
[redacted]’s complaint, Ms. [redacted] attempted to call Ms. [redacted] on her work and cell
phone numbers, but has been unable to reach her. Additionally, please note that
Midland Credit has strict guidelines that its representatives must adhere to
when leaving messages. This policy assists in preventing the inadvertent
disclosure of private consumer information to third parties. Due to these
restrictions, no messages have been or can be left.
Furthermore,
Ms. [redacted] expresses concern that the account is appearing on her credit report
as a collections account. Depending on
the current condition of a given account, Midland Credit will furnish an
account as either “Account assigned to
internal or external collections,” “Account
paid in full, was a collection account,” or “Account paid in full for
less than the full balance.” Midland Credit’s business records
indicate that the account information it is furnishing to the three major
credit reporting agencies is accurate.
Ms.
[redacted] is encouraged to communicate directly with the credit bureaus should she
have any further concerns. In addition,
if Ms. [redacted] obtained her credit report from a compilation source, the
information being reported may appear to vary.
The credit bureaus have advised that it appears this way because they do
not directly populate the fields on credit reports pulled from any source other
than directly from the credit bureau itself.
Ms. [redacted] also
questions the difference between the amounts for which the original creditor
charged off the account, compared to the balance Midland Credit is collecting. A review of Midland Credit’s business records
indicates that the account was charged off with a balance of $1,603.25. The current balance due is $1,553.25, which
is the charge-off balance minus one $50.00 payment made by Ms. [redacted] on March
30, 2016. A copy of the charge-off
statement provided by the original creditor, showing the $1,603.25 charge-off
amount, is enclosed.
If Ms. [redacted]
wishes to contact Ms. [redacted], she may reach her at (800) 825-8131
ext. [redacted], Monday through Wednesday 9:00am - 1:00pm, 2:00pm –
6:00pm PST, and Thursday through Friday 6:30am - 11:00am, 12:00pm – 3:30pm PST.
If Ms. [redacted] has a preferred time or
phone number at which she would like to be contacted, she may contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] Monday through Friday, 8:00am to 4:00pm PST, to provide such
information. Additionally, Midland
Credit will continue call attempts to Ms. [redacted] per her request.
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]
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]
The reason I am rejecting this is one for the fact that this company has made it very hard for me to apply for any type of leasing, high interest rates on my credit cards. I have repeatedly tried to tell this company about the communication error and the mix up of the whole phone contract. This company was very rude at times and during my explanations or any type of negotiations, they would hang up on me call me once a day and I felt harassed. The main reason why I rejecting this offer is just yesterday 8/25/14 I still see this debt on my credit report still as an OPEN NEGATIVE ACCOUNT which is killing my credit score monthly. As read this company was told and acknowledged that the account contract was in error and replaced my the selling company [redacted], and that this would be deleted or erased. It is now 3 weeks later and nothing has changed. I have also read many reviews about Credit Management, saying they don't comply with consumers and it's a long duration for them to conduct any credit statuses. I really need this problem resolved before I take legal action.
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
January 17, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit provided all
of the account identifying information for the three accounts referenced above
in its previous letter response to your office dated February 4, 2015.
[redacted] writes that he still believes that
Midland Credit must provide him verification of the debts. As stated in its previous response: Midland Credit mailed [redacted] separate and unique
validation letters for each of the accounts.
These letters informed him that Midland Funding had acquired the
accounts, and of his rights pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692 et seq. (“FDCPA”). Midland Credit’s business records indicate
that it did not receive any correspondence disputing the debts or requesting
validation from [redacted] in response to the letters.
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 notices in a timely manner, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced accounts to the
three major credit reporting agencies.
That
being said, Midland Credit has since received verification information from the
sellers for account nos. [redacted] and [redacted]. Copies of the verification information
provided by the sellers for these two accounts are enclosed for [redacted]’s
records.
Midland
Credit stands 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 copy of either a police report or affidavit of
fraud showing that he 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. He may forward appropriate documentation to
Consumer Support Services at the address on this letterhead.
Otherwise,
as stated in Midland Credit’s previous response; if [redacted] is ready to
resolve the above-referenced debts, he may qualify for a reduction in his
account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to
assist him in reaching resolutions that will be both beneficial to him, as well
as resolve the account balances.
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.
<!--[endif]-->
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Dear[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 24, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter...
indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced accounts.
[redacted] phone number, [redacted], was first disabled after a phone conversation, presumably with her, on May 27, 2014; however, subsequently, her number was provided to Midland Credit by a third party vendor for a different account. [redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts and she will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted] phone number has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
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 letter inquiry dated October 6, 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. ...
[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 June 21, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 8, 2010 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 September 2, 2010. The balance at the time of purchase was $1,341.16.
[redacted] expresses concern that Midland Credit attempted to process a payment prior to the agreed upon date. A review of Midland Credit’s business records indicates that on August 14, 2014, during a conversation with a Midland Credit representative, [redacted] agreed to a repayment plan that consisted of seven monthly payments of $105.37, on the 5th of every month, starting September 5, 2014. It appears that due to administrative oversight, the Midland Credit representative did not change the date to the 5th, so the system recognized that the repayment plan began on the same date.
On August 21, 2014, when the oversight was discovered, the account manager attempted to call [redacted] back to inform her of the error. The call was subsequently transferred to a Group Manager, who attempted to inform [redacted] that no funds were taken because the account number entered into the system was invalid. Midland Credit sincerely apologizes for any inconvenience [redacted] may have experienced.
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 her at ([redacted] ext. [redacted] if she wishes to reinstate the payment plan arrangement or discuss other repayment options.
Lastly, [redacted] also mentions that she receives income from Social Security benefits. As stated in Article 3 of its Consumer Bill of Rights, Midland Credit stands ready to assist [redacted], and will cease collection activities, when it receives documentation indicating that [redacted]’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that [redacted] has no access to other assets. [redacted] may submit the appropriate documentation to Consumer Support Services at the address on this letter head. In the meantime, the above-referenced account will remain coded “cease and desist.”
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 have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
There was no such correspondence received by me. The Revdex.com should note that Midland failed to resolve the issue
Regards,
[redacted]
October 10,...
2016
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 Ms[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 30, 2016. 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 November 21, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 12, 2011 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 October 24, 2013. The balance at the time of purchase was $981.50. Final payment on the account was received by Midland Credit on May 28, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that he has received calls 10 times a day. 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 a concern over information that he was advised during phone calls with Midland Credit representatives. A review of Midland Credit’s business records appears to indicate that [redacted] was not advised that the account would be removed from his credit report once it had been paid. Midland Credit apologizes for any misunderstandings that may have happened regarding this account. A review of Midland Credit’s business records appear to indicate its representatives have acted appropriately.
With that said, on October 3, 2016, a Midland Credit representative reached out to [redacted]. During the phone conversation, [redacted] was advised that an update would be sent to the credit reporting agencies to have the account information removed from his credit files. The confirmation number for the update that was sent to the credit reporting agencies is [redacted]
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]