Dear [redacted]
Thank you for your follow-up letter inquiry dated October 1, 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.
Please note that Midland Credit provided all the account identifying information in its previous letter response to your office dated September 25, 2014. In her follow-up, [redacted] disputes receipt of Midland Credit’s validation letter pertaining to account no. [redacted], which Midland Credit mailed on December 6, 2013. While [redacted] indicates that she had not been at that address for some time, the letter was not returned to Midland Credit as undeliverable.
[redacted] also writes that she sent a certified letter to Midland Credit in July of 2014 requesting validation for the three above-referenced accounts after retrieving a copy of her credit report. In fact, the certified letter received by Midland Credit only included a validation request and dispute for account no. [redacted]. A copy of her certified letter is enclosed. She further writes that her letter request was not sent in response to Midland Credit’s validation letter sent on December 6, 2013, regarding account no. [redacted]. Midland Credit’s initial response to your office indicated that [redacted]’s validation request for account no. [redacted] was considered timely. [redacted] now contests this decision by Midland Credit and indicates that Midland Credit should not have attempted validation on the account per her request as it was not timely.
Midland Credit maintains its position that [redacted] did not request validation of account nos. [redacted] and [redacted] prior to her complaint, which cannot be considered timely per the FDCPA. While [redacted]’s July 2014 validation request for account no. [redacted] was also received outside 30-day FDCPA period, the request was considered timely due to an agreement between the seller and the Federal Trade Commission. As a result of that agreement, validation requests on accounts which existed in the seller’s portfolio when the agreement was signed are treated as timely regardless of 30-day FDCPA period. Midland Funding, as assignee of these accounts, and Midland Credit as its servicer, is required to comply with the agreement.
With that said, as stated in its previous response to your office, once Midland Credit has obtained verification of account no. [redacted], a copy will be forwarded to your office. Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Regarding account nos. [redacted] and [redacted], Midland Credit’s business records continue to reflect that they are accurately being reporting to the credit reporting agencies. Additionally, these two accounts have been marked “Cease and Desist.” While they remain 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
October 21, 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 October 7, 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 July 23, 2015. Since that time, the above referenced account has become the subject of ongoing contested civil litigation. For that reason, and given the contested nature of the matter, Midland Credit will be addressing the allegations contained in [redacted] complaint as part of the formal litigation process.
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 regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received February 25, 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 with a name similar to [redacted]. During a search for the correct consumer, [redacted] address 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.
[redacted] address has been marked “Do Not Mail”
in Midland Credit’s computer system for the referenced account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit
representatives 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]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [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 April 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] submitted a previous complaint through your office to which Midland Credit responded on April 20, 2015. The details of [redacted]’s account were included in that response.
[redacted] expresses a concern that Midland Credit has not verified the debt. Midland Credit mailed [redacted] separate and unique validation letters – on or about October 17, 2009, for account no. [redacted], and on or about January 10, 2012, for account no. [redacted]. In the letters, Midland Credit informed [redacted] that Midland Funding, LLC (“Midland Funding”) had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were 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 from [redacted] in response to those letters or pursuant to the [redacted] Finance Code. 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.
Copies of the verification information provided by the seller are enclosed for the above-referenced accounts. 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).
With that said, if [redacted] is ready to resolve the debts, [redacted] may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution of the account balances.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced accounts is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
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
I've received a letter from Midland Credit Management regarding a payment offer, which is dated 02/10/2016. Prior to this, I was unaware of any collections lodged against me by Midland Credit Management until I received this letter. I then ordered copies of my credit reports and noticed that Midland...
Credit Management has an account on each credit bureau's report and the information contained within each report concerning Midland Credit Management varies from bureau to bureau and therefore, is inaccurate.
On the [redacted] report, the 'original lender' is reported as Midland Funding Llc and the 'date assigned' is listed as March, 2013. However, this is inconsistent with the [redacted] and [redacted] credit agencies' reports which lists [redacted] as the 'original lender' with a 'date assigned' as January, 2013. The account number is omitted from the [redacted] report and the account number is encrypted in [redacted] and [redacted] reports. I have never personally opened an account with Midland Credit Management, nor have I ever accepted any extension of credit from Midland Credit Management, and I have never done any business whatsoever with this company.
By reporting to the credit bureaus as the 'original lender', Midland Credit Management is in violation of the Fair Debt Collections Practices Act (FCDPA), and my rights as a consumer, to fair and accurate information furnished to the credit bureaus, which is then reported to my credit file and contained within my credit report. Further, Midland Funding listing itself as the 'original lender' on my credit report is a misrepresentation of the facts, as it is not the 'original lender', but a debt collection agency. According to the FCDPA, "the use of any false representation or deceptive means to collect or attempt to collect any debt" is abusive and is prohibited by debt collectors such as Midland Credit Management, Midland Funding, et al., that lurk as original lenders or original creditors.
[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 regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 13, 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 24, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 21, 2013 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 28, 2014. The balance at the time of purchase was $826.96.
[redacted] expresses a concern that he is receiving phone calls and letters regarding an account his ex-wife fraudulently opened in his name. On December 5, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to Mr. [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in 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. In fact, no written correspondence was received directly from [redacted] prior to the complaint filed through your office.
In response to [redacted] claim of identity theft, verification information provided by the seller was mailed to him on July 6, 2016. A copy of the verification information is again attached for [redacted] records. In addition, 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.
[redacted] states that Midland Credit requested him to send a copy of his police report, but before he sent it in, he began receiving phone calls from Midland Credit attempting to collect upon the above-referenced debt. [redacted] states that he spoke with a Midland Credit representative at a later date and was advised that it wasn’t necessary for him to send in a copy of his police report and that someone would contact him within 30 days. Midland Credit apologies for any confusion [redacted] has experienced, as a review of Midland Credit’s business records do not indicate [redacted] was advised to not send in supporting documentation.
If upon review of the enclosed documentation [redacted] still does not recognize the above-referenced account, Midland Credit stands ready to assist him in clearing his record. Midland Credit respectfully requests that [redacted] provide it with a copy of the police report he references in his inquiry. Or [redacted] may provide an 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. [redacted] can contact Midland Credit online at [redacted] where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
[redacted] expresses an additional concern that his fiancé has received phone calls from Midland Credit. While [redacted] did not provide his fiancé’s phone number in his inquiry, a review of Midland Credit’s business records indicates that Midland Credit’s representative spoke to someone claiming to be [redacted]’s fiancé on May 31, 2016. At that time, the phone number provided by her ending in[redacted] was appropriately disabled. However, if he would like to confirm that his fiancé’s phone number has been disabled he may contact Midland Credit using the information below.
[redacted] states that during a phone conversation with a Midland Credit representative he asked to be transferred to a domestic representative, but he was not transferred as requested. A review of Midland Credit’s business records indicates that the Midland Credit representative was in the process of transferring [redacted]’s call, as requested, but the call was disconnected prior to the completion of the transfer.
Per [redacted]’s request to no longer be contacted, 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
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 4, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit is unable...
to determine if [redacted] is the correct party for the
account in question based on the information provided in [redacted] complaint. Please have [redacted] provide the last four digits of his social security number so that it may
respond appropriately. Once this
information is received, Midland Credit will investigate [redacted] complaint. [redacted] may call Midland
Credit’s Consumer Support Services team at [redacted] to provide
this information so that Midland Credit may resolve his complaint more quickly.
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 regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 28, 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 July 17, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 2, 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 June 20, 2012. The balance at the time of purchase was $759.90.
[redacted] expresses a concern that interest was added to the above referenced account. Midland Credit sent [redacted] a validation letter on July 21, 2012. 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”). 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 received a notice of a possible dispute from the credit reporting agencies on July 31, 2015. On August 19, 2015 Midland Credit sent [redacted] a letter requesting more information regarding the basis of his dispute with a copy of the verification information provided by the seller.
An additional review of Midland Credit’s business records indicate that it received the first written correspondence requesting validation from [redacted] on November 6, 2015. Based on the information [redacted] provided, and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on or about November 23, 2015 advising him that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. Midland Credit also requested that [redacted] send any additional documentation to support his dispute.
In response to [redacted]’ concern that interest was added in the amount of $282.17, 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. The verification information provided by the seller meets the requirements of the FDCPA.
A review of Midland Credit’s business records indicate that [redacted] spoke with one of its representatives on February 2, 2016. During the conversation [redacted] indicated that he was unaware of the charges that were being made to his account and provided additional details that Midland Credit did not have when responding to the complaint he filed through the Consumer Financial Protection Bureau on January 11, 2016. During that conversation [redacted] was advised that Midland Credit would close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection account in question from [redacted]’ 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]
Ms. L[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# 8[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 6, 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 June 28, 2012. Information provided by the seller, [redacted] Holdings LLC, at the time of acquisition indicates this account was originated on January 4, 2008, 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 September 29, 2011. The balance at the time of purchase was $3,223.49.
Ms. [redacted] expresses a concern that Midland Credit representatives have contacted her before 8am local time and after 9:00pm local time. Please assure Ms. [redacted] that Midland Credit has safeguards in place to prevent its calls from being placed before 8:00am local time and after 9:00pm local time. Midland Credit’s determination of which local time should control is based on information then available to it, including the phone number’s area code. Ms. [redacted]’s phone number contains an area code belonging to Yonkers, New York. Based on that information, Midland Credit attempted to contact Ms. [redacted] at times consistent with New York. All calls were placed after 8:00am and prior to 9:00 pm local Yonkers time.
As described in the complaint, Ms. [redacted] questions the alleged conduct of certain Midland Credit employees. Please note that the alleged conduct described by Ms. [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
Additionally, Ms. [redacted] expresses a concern that, prior to Midland Funding’s purchase of the account, a [redacted] representative changed her phone plan without her consent, resulting in her account being forwarded to collections. A review of Midland Credit’s business records indicate it was not advised of Ms. [redacted]’s concerns with [redacted] prior to receipt of her complaint. However, now that Midland Credit has been made aware of Ms. [redacted]’s prior issues with [redacted], 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. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from Ms. [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 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.
Gregory Gerkin, 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,According to the information given to us by your firm, the date of last activity by the original creditor was 7/08 The State of Limitations on this alleged debt, even should it be ours, is 4 years in the state of California. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute:[15 USC 1692e](2) The false representation of --(A) the legal status of the alleged debtand(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities.Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me.
Regards,
[redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
May 12, 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 4, 2015. [redacted] objects to Midland Credit requesting
that he provide proof of fraud in order to resolve his concerns.
In
its previous response Midland Credit provided verification information provided
by the seller for account nos. [redacted] and [redacted]. This verification information is enclosed
again for [redacted]’s records. 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).
Now
that Midland Credit has provided verification of account nos. [redacted] and
[redacted], if [redacted] still believes the accounts to be products of fraud,
Midland Credit would require proof of the same in order to be able to close
them. Until it receives such
documentation substantiating [redacted]’s claim of fraud, based on the information
available to it, including the information and documentation provided by the
issuer, Midland Credit must respectfully conclude that the accounts remain
valid, due and owing.
In
its previous response Midland Credit stated that although it did not receive a
request for verification of the debt for account no. [redacted] in a timely
manner per the FDCPA, upon receipt of his inquiry, Midland Credit has
acknowledged his dispute, annotated the account as disputed, and ceased
collection efforts while it is in the process of verifying the debt. Once
Midland Credit has obtained verification of the debt, a copy will be forwarded
to your office.
As
stated in its previous response, per [redacted]’s request, all of the accounts
have been marked “Cease and Desist.”
While account nos. [redacted] and [redacted] remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit
representatives regarding any of the accounts unless a response is required by
law, or it is to follow-up its investigation of account no. [redacted] through
your office.
Again,
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.
[redacted]
Revdex.com of San Diego
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM #: [redacted]
Original Creditor: [redacted],...
N.A.
Original Account #: [redacted]
Dear Ms. Passick:
Thank you for your letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 25, 2017. Midland Credit is the servicer of the above-referenced account on behalf of the current owner, Midland Funding, LLC (“Midland Funding”). Midland Credit appreciates the opportunity to answer your questions.
Ms. [redacted] expresses a concern that she received returned letter that was never opened. While Ms. [redacted] did not indicate which address she sent a letter to that was returned, it appears that she attempted to send her letter to an address at which Midland Credit previously had a location. Should Ms. [redacted] wish to contact Midland Credit moving forward, she may use the contact information on this letterhead.
Ms. [redacted] indicates that this account was placed in dispute even though she never notified Midland Credit of a dispute. A review of Midland Credit’s business records indicates that on October 25, 2016, this account was placed with [redacted] Finance, Inc. (“ACF”) for servicing. Midland Credit’s business records indicate that Ms. [redacted] sent a letter to ACF indicating that the account was disputed. As such, Midland Credit appropriately updated its records to reflect Ms. [redacted] dispute of the account. Additionally, as the account had since been placed back to Midland Credit for servicing, Midland Credit responded to Ms. [redacted] dispute on December 9, 2016 by mailing her a copy of the verification information provided by the seller.
Ms. [redacted] requests to be provided with complete records of the account. A copy of the verification information provided by the seller is enclosed for Ms. [redacted] records. 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. 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.
If Ms. [redacted] is ready to resolve the above-referenced debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Account Manager [redacted] at (800) 825-8131 ext[redacted] to assist her 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 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]
Division Manager, Consumer Support Services
[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 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] states that she will only pay off $300.00, which she claims was her total credit limit. While the credit limit may set the maximum amount of credit given to a consumer, additional interest and fees charged by the original creditor are allowable by law. Accordingly, Midland Credit must respectfully conclude that based on the information provided by the seller, the outstanding balance of $616.97 remains valid.
With that said, Midland Credit will accept [redacted]’s offer to make twelve (12) monthly payments of $25.00 for a total payment of $300.00 to resolve the balance. At that point, Midland Credit will consider the debt resolved. Please have [redacted] contact Account Manager [redacted] at [redacted] to set up this payment plan.
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]
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.
An investigation of this matter indicates that Midland Credit is the servicer of the three above-referenced accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 28, 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 March 12, 2009. The balance at the time of purchase was $660.09.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on March 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 3, 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 March 19, 2009. The balance at the time of purchase was $1,630.69.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 7, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on March 15, 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 March 3, 2009. The balance at the time of purchase was $813.13.
In regard to account no. [redacted] writes that she has previously disputed the above-referenced debt as appearing on her credit report, and that her validation requests have been ignored. Pursuant to Midland Credit’s standard business practices, on December 6, 2013, Midland Credit mailed the initial validation letter to [redacted], advising her of the role of Midland Credit as the servicer of the account and providing her with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on July 22, 2014.
As the correspondence was received in a timely manner pursuant to applicable law specific to the account, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. A letter informing [redacted] of these actions was mailed to her on July 28, 2014. Please note that the letter was mailed to [redacted] at the address provided in her correspondence, [redacted], which is not the same address indicated in the complaint filed through your office. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
[redacted] expresses additional concern that her validation requests have also been ignored for account nos. [redacted] and [redacted], and that these accounts are on her credit report. Midland Credit mailed [redacted] separate and unique validation letters – on April 24, 2011 for account no. [redacted], and on January 25, 2013 for account no. [redacted]. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were 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 debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] for account nos. [redacted] and [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 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.
As referenced above, Midland Credit will contact your office when it receives verification of the debt for account no. [redacted], and will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt. However, if [redacted] is ready to settle the debts for account nos. [redacted] and [redacted], she may qualify for a reduction in her account balances. 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 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.
[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.
Thank you so much for your help. Just for clarification their letter was not specific that I had to contact them nut only to pay the amount due.
The amount was a cancellation fee over a dispute with [redacted] not for actual services used.
Again thank you for your help. You have helped me before and I knew I could count on you for fair resolution.
Regards,
[redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 19, 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 14, 2015. [redacted] writes that he will be contacting legal counsel. 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.
[redacted] writes Midland Credit is reporting a debt that cannot be proven and that he has not been provided the original contract. As stated in its previous response, 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). 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.
[redacted] again writes that Midland Credit continues to contact him and provides a letter from Midland Credit dated April 21, 2015 as evidence of continued contact. [redacted] requested a conditional, 30-day cease and desist on his account in 2013 while he reviewed the verification information that Midland Credit provided to him per his request. Based on the 30-day condition, Midland Credit removed the cease and desist after 30 days. In April 2015, [redacted] contacted Midland Credit several times, including once with his mortgage company on the phone, in an effort to voluntarily resolve his account. [redacted] requested that Midland Credit delete its tradeline in exchange for his payment, which Midland Credit said it could not do as its policy is to accurately report accounts. Thereafter [redacted] requested that another cease and desist code be placed on his account.
As stated in its previous response, the above-referenced account remains marked “Cease and Desist.” Besides Midland Credit’s responses dated May 14, 2015 and June 10, 2015 to [redacted] previous complaints through the Revdex.com, there have been no further phone calls or letters sent to [redacted] since the most recent cease and desist request. If [redacted] believes he is still receiving contact from Midland Credit, he is again encouraged to contact Midland Credit’s Consumer Support Services team at[redacted] to that it may resolve his concern.
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
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 proof from me [redacted] credit report that I received from [redacted] on 1/16/2015. It shows Midland Credit opened account on 12/2011 with revolving 24 month credit history. I have provided screenshots from my 3in1 [redacted] credit report that also shows [redacted] and [redacted]. Also Midland funding has never verified the debt and has ignored my letters to verify. This debt has ran the statue of limitations of [redacted] state. For some reason I am getting an error when I attach the screenshot, Please tell me how I can get them uploaded.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]
Hello, I’m responding to Midlands response. They stated that they sent me an attempt to collect a debt letter, and I failed to respond. I never received those letters so how can they say that they met the FDCRA requirements? Can you please ask them to provide me with proof that they sent and I received the attempt to collect a debt letters? If they can’t provide the proof, then they must either send me the following documentation:
(1). Full accounting for this account:
(2). Copy of the assignment of purchase from the creditor
(3). Every charge and what was purchased, fee, payment, credit, interest
(4). How you calculated what you claim I owe
(6). Full chain of assignments from charge off to present
(7). Proof that you own the debt with full clear title
(8). Proof that you were on the original contract
If they can’t send what I’m requesting, they have to stop reporting these inaccurate items until they can provide me with the list of documentation.
Regards,
[redacted]
Thank you for your follow-up
letter
inquiry regarding [redacted]’s complaint, which
Midland Credit Management, Inc. (“Midland Credit”) received
July 23, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit
has received the documentation provided by [redacted] regarding the manner in
which the original creditor is reporting the debt to TransUnion. The documentation is being forwarded to the
seller to further inquire about the matter.
Midland
Credit has ceased collection efforts while it is awaiting
a response from the seller.
Once Midland Credit has obtained a response, a
copy will be mailed to your office.
Additionally, Midland Credit will not report the account to the three
major credit reporting agencies while it is
awaiting a response from the seller.
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. To be more specific, my expectations that all three major credit reporting agencies [redacted]) have deleted the negative entry from my credit file. The time frame for deletion was not mentioned in Midland's correspondence, assuming action to solution will be met within 30days of their reply.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 1, 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.
Please note that Midland Credit provided all the account identifying information in its previous letter response to your office dated September 25, 2014. In her follow-up, [redacted] disputes receipt of Midland Credit’s validation letter pertaining to account no. [redacted], which Midland Credit mailed on December 6, 2013. While [redacted] indicates that she had not been at that address for some time, the letter was not returned to Midland Credit as undeliverable.
[redacted] also writes that she sent a certified letter to Midland Credit in July of 2014 requesting validation for the three above-referenced accounts after retrieving a copy of her credit report. In fact, the certified letter received by Midland Credit only included a validation request and dispute for account no. [redacted]. A copy of her certified letter is enclosed. She further writes that her letter request was not sent in response to Midland Credit’s validation letter sent on December 6, 2013, regarding account no. [redacted]. Midland Credit’s initial response to your office indicated that [redacted]’s validation request for account no. [redacted] was considered timely. [redacted] now contests this decision by Midland Credit and indicates that Midland Credit should not have attempted validation on the account per her request as it was not timely.
Midland Credit maintains its position that [redacted] did not request validation of account nos. [redacted] and [redacted] prior to her complaint, which cannot be considered timely per the FDCPA. While [redacted]’s July 2014 validation request for account no. [redacted] was also received outside 30-day FDCPA period, the request was considered timely due to an agreement between the seller and the Federal Trade Commission. As a result of that agreement, validation requests on accounts which existed in the seller’s portfolio when the agreement was signed are treated as timely regardless of 30-day FDCPA period. Midland Funding, as assignee of these accounts, and Midland Credit as its servicer, is required to comply with the agreement.
With that said, as stated in its previous response to your office, once Midland Credit has obtained verification of account no. [redacted], a copy will be forwarded to your office. Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Regarding account nos. [redacted] and [redacted], Midland Credit’s business records continue to reflect that they are accurately being reporting to the credit reporting agencies. Additionally, these two accounts have been marked “Cease and Desist.” While they remain 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
October 21, 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 October 7, 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 July 23, 2015. Since that time, the above referenced account has become the subject of ongoing contested civil litigation. For that reason, and given the contested nature of the matter, Midland Credit will be addressing the allegations contained in [redacted] complaint as part of the formal litigation process.
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 regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received February 25, 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 with a name similar to [redacted]. During a search for the correct consumer, [redacted] address 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.
[redacted] address has been marked “Do Not Mail”
in Midland Credit’s computer system for the referenced account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit
representatives 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]
May 6, 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] and [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] submitted a previous complaint through your office to which Midland Credit responded on April 20, 2015. The details of [redacted]’s account were included in that response.
[redacted] expresses a concern that Midland Credit has not verified the debt. Midland Credit mailed [redacted] separate and unique validation letters – on or about October 17, 2009, for account no. [redacted], and on or about January 10, 2012, for account no. [redacted]. In the letters, Midland Credit informed [redacted] that Midland Funding, LLC (“Midland Funding”) had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were 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 from [redacted] in response to those letters or pursuant to the [redacted] Finance Code. 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.
Copies of the verification information provided by the seller are enclosed for the above-referenced accounts. 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).
With that said, if [redacted] is ready to resolve the debts, [redacted] may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution of the account balances.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced accounts is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
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've received a letter from Midland Credit Management regarding a payment offer, which is dated 02/10/2016. Prior to this, I was unaware of any collections lodged against me by Midland Credit Management until I received this letter. I then ordered copies of my credit reports and noticed that Midland...
Credit Management has an account on each credit bureau's report and the information contained within each report concerning Midland Credit Management varies from bureau to bureau and therefore, is inaccurate.
On the [redacted] report, the 'original lender' is reported as Midland Funding Llc and the 'date assigned' is listed as March, 2013. However, this is inconsistent with the [redacted] and [redacted] credit agencies' reports which lists [redacted] as the 'original lender' with a 'date assigned' as January, 2013. The account number is omitted from the [redacted] report and the account number is encrypted in [redacted] and [redacted] reports. I have never personally opened an account with Midland Credit Management, nor have I ever accepted any extension of credit from Midland Credit Management, and I have never done any business whatsoever with this company.
By reporting to the credit bureaus as the 'original lender', Midland Credit Management is in violation of the Fair Debt Collections Practices Act (FCDPA), and my rights as a consumer, to fair and accurate information furnished to the credit bureaus, which is then reported to my credit file and contained within my credit report. Further, Midland Funding listing itself as the 'original lender' on my credit report is a misrepresentation of the facts, as it is not the 'original lender', but a debt collection agency. According to the FCDPA, "the use of any false representation or deceptive means to collect or attempt to collect any debt" is abusive and is prohibited by debt collectors such as Midland Credit Management, Midland Funding, et al., that lurk as original lenders or original creditors.
July 22, 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 [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 13, 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 24, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 21, 2013 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 28, 2014. The balance at the time of purchase was $826.96.
[redacted] expresses a concern that he is receiving phone calls and letters regarding an account his ex-wife fraudulently opened in his name. On December 5, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to Mr. [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in 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. In fact, no written correspondence was received directly from [redacted] prior to the complaint filed through your office.
In response to [redacted] claim of identity theft, verification information provided by the seller was mailed to him on July 6, 2016. A copy of the verification information is again attached for [redacted] records. In addition, 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.
[redacted] states that Midland Credit requested him to send a copy of his police report, but before he sent it in, he began receiving phone calls from Midland Credit attempting to collect upon the above-referenced debt. [redacted] states that he spoke with a Midland Credit representative at a later date and was advised that it wasn’t necessary for him to send in a copy of his police report and that someone would contact him within 30 days. Midland Credit apologies for any confusion [redacted] has experienced, as a review of Midland Credit’s business records do not indicate [redacted] was advised to not send in supporting documentation.
If upon review of the enclosed documentation [redacted] still does not recognize the above-referenced account, Midland Credit stands ready to assist him in clearing his record. Midland Credit respectfully requests that [redacted] provide it with a copy of the police report he references in his inquiry. Or [redacted] may provide an 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. [redacted] can contact Midland Credit online at [redacted] where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
[redacted] expresses an additional concern that his fiancé has received phone calls from Midland Credit. While [redacted] did not provide his fiancé’s phone number in his inquiry, a review of Midland Credit’s business records indicates that Midland Credit’s representative spoke to someone claiming to be [redacted]’s fiancé on May 31, 2016. At that time, the phone number provided by her ending in[redacted] was appropriately disabled. However, if he would like to confirm that his fiancé’s phone number has been disabled he may contact Midland Credit using the information below.
[redacted] states that during a phone conversation with a Midland Credit representative he asked to be transferred to a domestic representative, but he was not transferred as requested. A review of Midland Credit’s business records indicates that the Midland Credit representative was in the process of transferring [redacted]’s call, as requested, but the call was disconnected prior to the completion of the transfer.
Per [redacted]’s request to no longer be contacted, 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 [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 4, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit is unable...
to determine if [redacted] is the correct party for the
account in question based on the information provided in [redacted] complaint. Please have [redacted] provide the last four digits of his social security number so that it may
respond appropriately. Once this
information is received, Midland Credit will investigate [redacted] complaint. [redacted] may call Midland
Credit’s Consumer Support Services team at [redacted] to provide
this information so that Midland Credit may resolve his complaint more quickly.
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 regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 28, 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 July 17, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 2, 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 June 20, 2012. The balance at the time of purchase was $759.90.
[redacted] expresses a concern that interest was added to the above referenced account. Midland Credit sent [redacted] a validation letter on July 21, 2012. 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”). 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 received a notice of a possible dispute from the credit reporting agencies on July 31, 2015. On August 19, 2015 Midland Credit sent [redacted] a letter requesting more information regarding the basis of his dispute with a copy of the verification information provided by the seller.
An additional review of Midland Credit’s business records indicate that it received the first written correspondence requesting validation from [redacted] on November 6, 2015. Based on the information [redacted] provided, and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on or about November 23, 2015 advising him that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. Midland Credit also requested that [redacted] send any additional documentation to support his dispute.
In response to [redacted]’ concern that interest was added in the amount of $282.17, 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. The verification information provided by the seller meets the requirements of the FDCPA.
A review of Midland Credit’s business records indicate that [redacted] spoke with one of its representatives on February 2, 2016. During the conversation [redacted] indicated that he was unaware of the charges that were being made to his account and provided additional details that Midland Credit did not have when responding to the complaint he filed through the Consumer Financial Protection Bureau on January 11, 2016. During that conversation [redacted] was advised that Midland Credit would close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection account in question from [redacted]’ 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]
April 20, 2015
VIA E-Mail
Ms. L[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# 8[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 6, 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 June 28, 2012. Information provided by the seller, [redacted] Holdings LLC, at the time of acquisition indicates this account was originated on January 4, 2008, 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 September 29, 2011. The balance at the time of purchase was $3,223.49.
Ms. [redacted] expresses a concern that Midland Credit representatives have contacted her before 8am local time and after 9:00pm local time. Please assure Ms. [redacted] that Midland Credit has safeguards in place to prevent its calls from being placed before 8:00am local time and after 9:00pm local time. Midland Credit’s determination of which local time should control is based on information then available to it, including the phone number’s area code. Ms. [redacted]’s phone number contains an area code belonging to Yonkers, New York. Based on that information, Midland Credit attempted to contact Ms. [redacted] at times consistent with New York. All calls were placed after 8:00am and prior to 9:00 pm local Yonkers time.
As described in the complaint, Ms. [redacted] questions the alleged conduct of certain Midland Credit employees. Please note that the alleged conduct described by Ms. [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
Additionally, Ms. [redacted] expresses a concern that, prior to Midland Funding’s purchase of the account, a [redacted] representative changed her phone plan without her consent, resulting in her account being forwarded to collections. A review of Midland Credit’s business records indicate it was not advised of Ms. [redacted]’s concerns with [redacted] prior to receipt of her complaint. However, now that Midland Credit has been made aware of Ms. [redacted]’s prior issues with [redacted], 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. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from Ms. [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 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.
Gregory Gerkin, 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,According to the information given to us by your firm, the date of last activity by the original creditor was 7/08 The State of Limitations on this alleged debt, even should it be ours, is 4 years in the state of California. Since the debt is out of the statute of limitations, and you are reporting this on my credit report, you are conducting collection activities on zombie debt.I'm sure you are aware of the provisions in the Fair Debt Collection Practices Act (FDCPA). However, I would like to point out that your firm has violated provisions of the FDCPA by implying that the legal status of the debt is collectible by reporting the alleged debt to the credit bureaus. The exact statute:[15 USC 1692e](2) The false representation of --(A) the legal status of the alleged debtand(B) any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt.I am also doubtful that you would have adequate documentation to prove in court that you have the right to report this negative information on my credit report, and therefore you are in violation of the Fair Credit Reporting Act as well as the FDCPA. However, I will give you the chance to prove that you are lawfully entitled to report this information by requesting an investigation.Under the FDCPA I am also invoking my right to ask you to stop contacting me unless you can provide adequate validation of this alleged debt or notification that you are ceasing collections activities.Please remove this account immediately from my credit report or I will have to take legal remedies which may include lawsuits and notifying our state attorney general's office. In addition, I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
May 12, 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 4, 2015. [redacted] objects to Midland Credit requesting
that he provide proof of fraud in order to resolve his concerns.
In
its previous response Midland Credit provided verification information provided
by the seller for account nos. [redacted] and [redacted]. This verification information is enclosed
again for [redacted]’s records. 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).
Now
that Midland Credit has provided verification of account nos. [redacted] and
[redacted], if [redacted] still believes the accounts to be products of fraud,
Midland Credit would require proof of the same in order to be able to close
them. Until it receives such
documentation substantiating [redacted]’s claim of fraud, based on the information
available to it, including the information and documentation provided by the
issuer, Midland Credit must respectfully conclude that the accounts remain
valid, due and owing.
In
its previous response Midland Credit stated that although it did not receive a
request for verification of the debt for account no. [redacted] in a timely
manner per the FDCPA, upon receipt of his inquiry, Midland Credit has
acknowledged his dispute, annotated the account as disputed, and ceased
collection efforts while it is in the process of verifying the debt. Once
Midland Credit has obtained verification of the debt, a copy will be forwarded
to your office.
As
stated in its previous response, per [redacted]’s request, all of the accounts
have been marked “Cease and Desist.”
While account nos. [redacted] and [redacted] remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit
representatives regarding any of the accounts unless a response is required by
law, or it is to follow-up its investigation of account no. [redacted] through
your office.
Again,
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.
June 2, 2017
VIA E-Mail
[redacted]
Revdex.com of San Diego
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM #: [redacted]
Original Creditor: [redacted],...
N.A.
Original Account #: [redacted]
Dear Ms. Passick:
Thank you for your letter inquiry regarding Ms. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 25, 2017. Midland Credit is the servicer of the above-referenced account on behalf of the current owner, Midland Funding, LLC (“Midland Funding”). Midland Credit appreciates the opportunity to answer your questions.
Ms. [redacted] expresses a concern that she received returned letter that was never opened. While Ms. [redacted] did not indicate which address she sent a letter to that was returned, it appears that she attempted to send her letter to an address at which Midland Credit previously had a location. Should Ms. [redacted] wish to contact Midland Credit moving forward, she may use the contact information on this letterhead.
Ms. [redacted] indicates that this account was placed in dispute even though she never notified Midland Credit of a dispute. A review of Midland Credit’s business records indicates that on October 25, 2016, this account was placed with [redacted] Finance, Inc. (“ACF”) for servicing. Midland Credit’s business records indicate that Ms. [redacted] sent a letter to ACF indicating that the account was disputed. As such, Midland Credit appropriately updated its records to reflect Ms. [redacted] dispute of the account. Additionally, as the account had since been placed back to Midland Credit for servicing, Midland Credit responded to Ms. [redacted] dispute on December 9, 2016 by mailing her a copy of the verification information provided by the seller.
Ms. [redacted] requests to be provided with complete records of the account. A copy of the verification information provided by the seller is enclosed for Ms. [redacted] records. 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. 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.
If Ms. [redacted] is ready to resolve the above-referenced debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Account Manager [redacted] at (800) 825-8131 ext[redacted] to assist her 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 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]
Division Manager, Consumer Support Services
[redacted]
Enclosure
March 11, 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]’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] states that she will only pay off $300.00, which she claims was her total credit limit. While the credit limit may set the maximum amount of credit given to a consumer, additional interest and fees charged by the original creditor are allowable by law. Accordingly, Midland Credit must respectfully conclude that based on the information provided by the seller, the outstanding balance of $616.97 remains valid.
With that said, Midland Credit will accept [redacted]’s offer to make twelve (12) monthly payments of $25.00 for a total payment of $300.00 to resolve the balance. At that point, Midland Credit will consider the debt resolved. Please have [redacted] contact Account Manager [redacted] at [redacted] to set up this payment plan.
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]
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.
An investigation of this matter indicates that Midland Credit is the servicer of the three above-referenced accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 28, 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 March 12, 2009. The balance at the time of purchase was $660.09.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on March 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 3, 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 March 19, 2009. The balance at the time of purchase was $1,630.69.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 7, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on March 15, 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 March 3, 2009. The balance at the time of purchase was $813.13.
In regard to account no. [redacted] writes that she has previously disputed the above-referenced debt as appearing on her credit report, and that her validation requests have been ignored. Pursuant to Midland Credit’s standard business practices, on December 6, 2013, Midland Credit mailed the initial validation letter to [redacted], advising her of the role of Midland Credit as the servicer of the account and providing her with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on July 22, 2014.
As the correspondence was received in a timely manner pursuant to applicable law specific to the account, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. A letter informing [redacted] of these actions was mailed to her on July 28, 2014. Please note that the letter was mailed to [redacted] at the address provided in her correspondence, [redacted], which is not the same address indicated in the complaint filed through your office. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
[redacted] expresses additional concern that her validation requests have also been ignored for account nos. [redacted] and [redacted], and that these accounts are on her credit report. Midland Credit mailed [redacted] separate and unique validation letters – on April 24, 2011 for account no. [redacted], and on January 25, 2013 for account no. [redacted]. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were 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 debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] for account nos. [redacted] and [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 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.
As referenced above, Midland Credit will contact your office when it receives verification of the debt for account no. [redacted], and will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt. However, if [redacted] is ready to settle the debts for account nos. [redacted] and [redacted], she may qualify for a reduction in her account balances. 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 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.
[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.
Thank you so much for your help. Just for clarification their letter was not specific that I had to contact them nut only to pay the amount due.
The amount was a cancellation fee over a dispute with [redacted] not for actual services used.
Again thank you for your help. You have helped me before and I knew I could count on you for fair resolution.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 19, 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 14, 2015. [redacted] writes that he will be contacting legal counsel. 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.
[redacted] writes Midland Credit is reporting a debt that cannot be proven and that he has not been provided the original contract. As stated in its previous response, 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). 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.
[redacted] again writes that Midland Credit continues to contact him and provides a letter from Midland Credit dated April 21, 2015 as evidence of continued contact. [redacted] requested a conditional, 30-day cease and desist on his account in 2013 while he reviewed the verification information that Midland Credit provided to him per his request. Based on the 30-day condition, Midland Credit removed the cease and desist after 30 days. In April 2015, [redacted] contacted Midland Credit several times, including once with his mortgage company on the phone, in an effort to voluntarily resolve his account. [redacted] requested that Midland Credit delete its tradeline in exchange for his payment, which Midland Credit said it could not do as its policy is to accurately report accounts. Thereafter [redacted] requested that another cease and desist code be placed on his account.
As stated in its previous response, the above-referenced account remains marked “Cease and Desist.” Besides Midland Credit’s responses dated May 14, 2015 and June 10, 2015 to [redacted] previous complaints through the Revdex.com, there have been no further phone calls or letters sent to [redacted] since the most recent cease and desist request. If [redacted] believes he is still receiving contact from Midland Credit, he is again encouraged to contact Midland Credit’s Consumer Support Services team at[redacted] to that it may resolve his concern.
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 have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have proof from me [redacted] credit report that I received from [redacted] on 1/16/2015. It shows Midland Credit opened account on 12/2011 with revolving 24 month credit history. I have provided screenshots from my 3in1 [redacted] credit report that also shows [redacted] and [redacted]. Also Midland funding has never verified the debt and has ignored my letters to verify. This debt has ran the statue of limitations of [redacted] state. For some reason I am getting an error when I attach the screenshot, Please tell me how I can get them uploaded.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]
Hello, I’m responding to Midlands response. They stated that they sent me an attempt to collect a debt letter, and I failed to respond. I never received those letters so how can they say that they met the FDCRA requirements? Can you please ask them to provide me with proof that they sent and I received the attempt to collect a debt letters? If they can’t provide the proof, then they must either send me the following documentation:
(1). Full accounting for this account:
(2). Copy of the assignment of purchase from the creditor
(3). Every charge and what was purchased, fee, payment, credit, interest
(4). How you calculated what you claim I owe
(6). Full chain of assignments from charge off to present
(7). Proof that you own the debt with full clear title
(8). Proof that you were on the original contract
If they can’t send what I’m requesting, they have to stop reporting these inaccurate items until they can provide me with the list of documentation.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up
letter
inquiry regarding [redacted]’s complaint, which
Midland Credit Management, Inc. (“Midland Credit”) received
July 23, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit
has received the documentation provided by [redacted] regarding the manner in
which the original creditor is reporting the debt to TransUnion. The documentation is being forwarded to the
seller to further inquire about the matter.
Midland
Credit has ceased collection efforts while it is awaiting
a response from the seller.
Once Midland Credit has obtained a response, a
copy will be mailed to your office.
Additionally, Midland Credit will not report the account to the three
major credit reporting agencies while it is
awaiting a response from the seller.
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. To be more specific, my expectations that all three major credit reporting agencies [redacted]) have deleted the negative entry from my credit file. The time frame for deletion was not mentioned in Midland's correspondence, assuming action to solution will be met within 30days of their reply.
Regards,
[redacted]