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.
These charges have been disputed (and not responded to) with all 3 credit reporting bureaus. In fact, [redacted] has been disputed numerous times and each time, they simply sell the account in question to another lender. The Midland Funding account did NOT show up on my credit reports until it was under dispute and investigations with the credit bureaus - which is against the fair reporting act. I am 100% NOT FAMILIAR with this account, and in 2008/2009 when this account was supposedly opened I did not even have the last name of [redacted] (legally nor was I known by it). Midland funding has been disputed on my credit reports, has not responded and [redacted] refuses to provide me with any information yet continues to sell this account to multiple credit agencies and also refuses to respond to my complaints and disputes in this matter. What was the address this supposed letter in 2010 was sent to? I have had 4 addresses in the last 7 years and out of curiosity would like to see where this supposed communication was sent, especially because my credit report and dates listed there completely contradict your companies claims on your response.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on December 30, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 12, 2007 as an [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 August 31, 2010. The balance at the time of purchase was $995.79. [redacted] expresses a concern that his validation requests have been ignored. On January 17, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that while it has received notifications from the credit reporting agencies starting on or about May 8, 2014 notifying it of possible disputes, no correspondence was received directly from [redacted] prior to his complaint to the CFPB, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Responding to the notifications of possible dispute received from the credit reporting agencies, Midland Credit verified the account information being reported, and mailed [redacted] correspondence containing the appropriate account information and requesting he contact it to resolve his dispute. Prior to his complaints, [redacted] had not contacted Midland Credit directly.
[redacted] also writes that when he contacted the original creditor, the representative advised him that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also expresses concern that his account is too old to continue reporting. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account does not expire until February 2017. However, the expiration of the Federal Reporting period does not extinguish the debt. Rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit.
Please note that in its response to the CFPB, due to administrative oversight, Midland Credit listed February 2015 as the expiration of the Federal Reporting period. In fact, February 2015 is the expiration of the Statute of Limitations. The February 2017 expiration date of the Federal Reporting period is based on the first date of delinquency, which occurred on or about February 2, 2010. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud as he has indicated. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
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
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM Account Numbers: [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 December 22, 2014. 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 December 5, 2014. [redacted] continues to express concern that Midland Credit has not provided adequate verification of debt. As stated in its previous response, Midland Credit mailed [redacted] separate and unique validation letters for each of the accounts. None of the letters were not returned “undeliverable” by the United States Postal Service. Copies of the verification information provided by the respective sellers for each of the accounts were provided in Midland Credit’s previous response. Additional copies are attached to this response.
[redacted] expresses additional concern that Midland Credit has re-aged the accounts by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted]’s concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on the accounts reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report for each respective account is in fact the date of purchase by Midland Funding LLC. 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.
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.
Thank you for your timely response to my complaint. I still believe the information provided to me incomplete and inaccurate. I do not accept liability for this debt. Although I would like to see this issue resolved, I would have to respectfully decline any offers to do so via phone. I will only accept written communication from Midland Credit Management, Inc. and its representatives in the resolution of this matter. Thank you again for your time.
Regards,
[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.
I would like to add that I a accept Mr. [redacted] response to the extent that collection efforts will stop and that they will not report this matter to the credit bureaus. I also want Mr. [redacted] to know, that I now understand the reasons why representatives from his company were unable to disclose any information to me due to the legal implications this may have.
I hope that Mr. [redacted] can understand by the same reasoning, why I was unable to engage in any meaningful dialogue with anyone who insisted that I disclose my social security number in order to be able to talk. This occurred on every occasion that I answered or returned your companies calls. Which were not that many, only about 3 or 4.
Finally and most importantly, I am certain that this debt does not belong to me and that I am being confusing me with someone else, since I spend most of my time out the country due to my work. On one occasion I was away for almost two years and the only other people that live at my home are my parents, who themselves spend half of their time in Mexico.
April 12, 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 follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 29, 2016. 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 March 1, 2016. [redacted] continues to request a copy of her signature. As indicated in Midland Credit’s previous responses, 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.
[redacted] also expresses a concern that Midland Credit is now sending mail to her parent’s address. However, [redacted] did not provide the address belonging to her parents. Additionally, the last letter mailed to [redacted], was sent to the address listed on the first complaint received through your office. If [redacted] would like to confirm that her parent’s address is no longer associated with the above-referenced account, she may contact Midland Credit’s Consumer Support Services team at[redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
November 5, 2014
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Ms. [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Thank you for your letter inquiry dated October 22, 2014, regarding Mrs. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted]s, LLC, at the time of acquisition indicates this account was originated on September 4, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 9, 2008. The balance at the time of purchase was $638.35.
?
Ms. [redacted] expresses a concern that she has been a victim of fraud. On October 4, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was mailed to Mrs. [redacted] via the United States Postal Service, and was not returned as “undeliverable,” satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
?
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mrs. [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mrs. [redacted] and collect the debt.
?
A review of Midland Credit’s business records indicates that it received the first correspondence from Mrs. [redacted] claiming she was a victim of fraud on September 22, 2014. However, the correspondence did not contain sufficient evidence for Midland Credit to accept as proof of fraud.
?
Midland Credit acted in a timely manner and has complied with all applicable laws. However, 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 Mrs. [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 Mrs. [redacted].
?
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
?
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 22, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 25, 2006 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 17, 2008. The balance at the time of purchase was $1,014.80.
While not the only item of concern identified within his complaint, [redacted] questions whether the debt is collectible because the account was not opened with Midland Credit. As referenced above, Midland Funding purchased the debt on September 8, 2009, and Midland Credit immediately became the servicer. Please note that the account was purchased from the seller with all rights. Midland Credit is a collection agency, licensed and bonded in those states with requirements that it be so licensed and/or bonded. Midland Credit collects outstanding debts incurred by consumers pursuant to a variety of types of consumer contracts – credit card, automobile, personal loans, etc.
To the extent that [redacted] would have been contacted by or on behalf of Midland Credit, it would be in an effort to collect a debt arising out of an established business relationship
Aside from the above, [redacted] expresses a concern that his validation requests have been ignored. On October 6, 2009, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that while it received notification from the credit reporting agencies on or about October 7, 2013, advising it of a possible dispute, it did not receive any correspondence directly from [redacted] requesting validation prior to the complaint filed through your office, both which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
That being said, in response to the notification it received from the credit reporting agencies, on October 8, 2013, Midland Credit mailed [redacted] a copy of the verification information provided by the seller. Another copy is enclosed for [redacted]’s records.
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). A review of Midland Credit’s business records indicates that the account is accurately reporting to the credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
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]
Senior Corporate Counsel, Legal Affairs & Compliance
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
From: [redacted]
Date: Mon, Oct 20, 2014 at 2:05 PM
Subject: complaint id #[redacted]
To: [redacted]
I received a response to my complaint #[redacted] against Midland Credit Management earlier this month. Unfortunately I was unable to respond using the link provided by the Revdex.com. I have however read the response provided by Midland and do not accept their response.
My request was for two extremely simple actions to be taken by Midland and their response they refuse to take the appropriate actions which I requested as follows:
1. Midland must arrange for the removal of the four DEMAND LETTERS which they mailed to my house for an unknown, unrelated individual. Midland’s suggestion that I “disregard” their repulsive, knowingly dishonest, illegal correspondence is insulting and ludicrous.
2. I AM DEMANDING COMPLETE REMOVAL of the incorrect, illegal association that MIDLAND has made with me. This demand includes the permanent removal of the following information from any and all files they have for [redacted] [redacted].
MY NAME, MY ADDRESS, MY TELEPHONE NUMBER must immediately and permanently be removed from the false an illegal association which Midland created.
Their file WILL NOT CONTINUE to list my phone number or address or name with the account of [redacted]
As clarification for the Revdex.com, marking my address as “DO NOT MAIL” does no remove the illegal, fraudulent, damaging association that they have made with me, a completely innocent unrelated party. In addition marking their file as “DO NOT CALL” , also does not eliminate the knowingly illegal fraudulent association which Midland has made.
BOTH of these conditions will be met by Midland in order for my complaint to be considered resolved.
Thank you for your assistance,
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated January 26, 2015, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] writes that although Midland Credit stated in its previous response that the account would be removed from his consumer credit files, it has appeared on credit reports which he has recently received. As advised, Midland Credit did take the steps necessary to have the account removed from [redacted]’s consumer credit files at the time of its previous response. If this account has appeared on his credit file again, Midland Credit will again take the necessary steps to have the account removed. In keeping with its Consumer-First policy, Midland Credit made the business decision to close the account altogether. There will be no further collection activity, credit reporting or sale of this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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'm paying off this court order debt. I was getting an invoice statement each month with the amount of money I owe them. One day last year this process stop.I'm keeping my records on my payments. What is responsibility of this Collection company?
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 20, 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 15, 2015. Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing and Midland Credit will continue to report it accurately to the three credit reporting agencies, [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
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 would like to thank [redacted] for his thorough response. However, I must take objection with his claim that his company has even the slightest bit of respect for the consumer. Midland Credit has caused far more than an inconvenience to me, their presence on my credit report has made it impossible for me to obtain any substantial line of credit, despite having an otherwise clean record. I have attempted to resolve the issue through proper channels but have not received an ounce of assistance on their part to reach a "positive solution" They have sent all correspondence to an address I have not occupied in 3 years. They never served me with a lawsuit which according to court documents was filed in 2015. I have recently been issued a wage garnishment execution. which again was conveniently sent to the wrong address. This execution also indicated an incorrect address for the place I work. The lack of due diligence and fact checking done by Midland Credit compared to the damage they have done to my credit score is truly disgusting.
I am attaching emails I received regarding this account. The welcome email received in 2012, shows the original creditor as [redacted]. The last email, before the account being charged off was in August of 2013 acknowledging a posted payment and shows the creditor as [redacted]. The transition between [redacted] to [redacted] did not cause any interruption with my auto payments. I did not receive another email until March of 2014. At that time my balance due to compounding fees and interest had reached $529. Almost double the limit of the card. You can see the creditor now being [redacted]. I attempted to find out why my account had accrued such a high balance but [redacted] had already sold to the debt to a collection agency.
I understand I am not innocent and a debt is owed. I am looking for however a solution in which I and Midland Credit are held accountable. I had sent a letter recently stating the intent to settle before an execution for wage garnishment had been ordered. In return I would like the negative information removed from my credit report. Midland has not responded to my offer.
I will reach out once again the legal department to reach a solution. I am however steadfast in my belief that this company has zero respect for consumers. It is appalling that they are so freely allowed to conduct business with such disregard. [redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 24, 2014 regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 23, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 16, 2004 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 April 25, 2010. The balance at the time of purchase was $1,818.19.
[redacted]s expresses a concern that his validation requests have been ignored. Midland Credit sent [redacted]s a validation letter on March 27, 2011. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was sent at the same address listed within [redacted]s’ complaint and was not returned as “undeliverable” by the United States Postal Service – thus satisfying the notification requirements of the FDCPA.
Midland Credit’s business records indicate that it received the first correspondence from [redacted]s on August 12, 2014. 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]s and collect the debt.
Based on the information [redacted]s provided, and pursuant to the [redacted] Finance Code, Midland Credit responded to his August 12, 2014 correspondence by sending him a letter advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
Aside from the above, [redacted]s writes that he has never had an account with Midland Credit. Consumers are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account 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.
With that said, Midland Credit stands ready to assist him in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted]s provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, [redacted]s should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted]s is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted]s call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your letter inquiry dated July 30, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on September 23, 2010. Information provided by the seller, General Electric Capital Corp, at the time of acquisition indicates this account was originated on February 18, 2002 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 4, 2009. The balance at the time of purchase was $1,433.43.
Ms. [redacted] indicates that she believes the debt to be invalid if Midland Credit cannot provide her with the requested documentation. Midland Credit sent Ms. [redacted] a validation letter on September 29, 2010. In the letter, Midland Credit informed Ms. [redacted] 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”). Please note that the letter was mailed to the same address listed within Ms. [redacted]’s complaint and was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from Ms. [redacted] in response to the letter or pursuant to the Texas 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 Ms. [redacted] and collect the debt. 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.
Ms. [redacted] also questions whether Midland Credit is able to assess interest to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. Please note that Midland Credit does not assess interest to a consumer’s balance throughout the period of active repayment; however, missed payments will invalidate the agreed upon arrangement. Interest on the account which had been deferred while payments were being received would be added back to the account after payments ceased.
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.
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Thank you for your letter inquiry dated December 3, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 13, 2006, 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 10, 2009. The balance at the time of purchase was $5,616.00. Midland Credit has removed the interest and fees charged by the seller and its files now reflect the balance due as $2,656.32, which was the charge-off balance of the debt.
[redacted] expresses concern that the above-referenced account is not his and was created erroneously under his name. Shortly after it acquired the above-referenced account, on October 26, 2013, Midland Credit sent [redacted] a validation letter. Please note that the letter was mailed to [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.
Midland Credit first received correspondence from [redacted] requesting validation of the account on November 7, 2014. Upon receipt of [redacted]’s correspondence, Midland Credit acknowledged [redacted]’s dispute, annotated the account as disputed, and sent a letter on November 14, 2014 advising him his concerns were being investigated. Additionally, Midland Credit notified the credit reporting agencies to stop reporting the account while it conducted its investigation of the account.
Midland Credit has received verification information from the seller. A copy is enclosed for [redacted]’s records. Please note, although Midland Credit has made the business decision not to add its tradeline back to [redacted]’s consumer credit files, the account remains valid, due and owing to it.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
However, if [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per [redacted] previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, he will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
September 14, 2016VIA E-Mail[redacted]Revdex.com of San Diego5050 Murphy Canyon, Ste. 110San Diego, CA 92123Re: 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 27, 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 May 21, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 26, 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 April 2, 2014. The balance at the time of purchase was $656.08. A copy of the verification information provided by the seller is enclosed for [redacted] records. Final payment on the account was received by Midland Credit on June 6, 2015. [redacted] has no further financial obligation for this account.[redacted] indicates that he was advised by the account manager assigned to his account that the collection would be removed from his credit report after it was paid. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which resolved the balance for the above-referenced account, please note that it is Midland Credit’s policy to furnish accurate account information. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.Sincerely, Midland Credit Management, Inc.
[redacted]Corporate Counsel, Legal Affairs & Compliance*Admitted in Colorado; Registered In-House Counsel in California[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 30, 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 30, 2011. Information provided by the seller, [redacted], N.A., at the time of acquisition indicates this account was originated on June 28, 2004, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $21,594.87.
Mr. [redacted] expresses a concern that Midland Credit has failed to respond to his requests for validation and is reporting the account on his credit report. On July 9, 2011, Midland Credit mailed Mr. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Mr. [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mr. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the only correspondence requesting validation from Mr. [redacted] on April 15, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Although Mr. [redacted]’s validation request was not timely, verification information provided by the seller was mailed to Mr. [redacted] in response to his dispute on April 21, 2015. A copy of the verification information provided by the seller is enclosed. 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.
Mr. [redacted] also requests an investigation on Midland Credit for fraudulent practices. Please assure Mr. [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.
If Mr. [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Please have Mr. [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your letter inquiry dated September 22, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on August 30, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 18, 2012 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 22, 2013. The balance at the time of purchase was $550.18
[redacted] expresses a concern that his validation requests have been ignored. Midland Credit sent [redacted] a validation letter on September 8, 2013. 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”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit did not receive any correspondence from [redacted] requesting validation or disputing the account in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit received notification of a possible dispute from the credit reporting agencies on, or about, June 21, 2014. In response, Midland Credit mailed verification information provided by the seller to [redacted] on July 9, 2014. Also, as mentioned in his complaint, Midland Credit received direct correspondence from [redacted]’ on July 28, 2014. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, a letter was sent to him advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller is again enclosed for [redacted]’ records.
Midland Credit has determined that its credit file and credit reporting of the above-referenced account remains accurate. Midland Credit will be closing its investigation of [redacted]’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the above-referenced account, he may qualify for a reduction of his account balance. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’ account has been referred to Account Manager [redacted]. Please have [redacted] call [redacted] at [redacted] to discuss repayment options.
In the meantime, per [redacted]’ previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will not 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
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.
These charges have been disputed (and not responded to) with all 3 credit reporting bureaus. In fact, [redacted] has been disputed numerous times and each time, they simply sell the account in question to another lender. The Midland Funding account did NOT show up on my credit reports until it was under dispute and investigations with the credit bureaus - which is against the fair reporting act. I am 100% NOT FAMILIAR with this account, and in 2008/2009 when this account was supposedly opened I did not even have the last name of [redacted] (legally nor was I known by it). Midland funding has been disputed on my credit reports, has not responded and [redacted] refuses to provide me with any information yet continues to sell this account to multiple credit agencies and also refuses to respond to my complaints and disputes in this matter. What was the address this supposed letter in 2010 was sent to? I have had 4 addresses in the last 7 years and out of curiosity would like to see where this supposed communication was sent, especially because my credit report and dates listed there completely contradict your companies claims on your response.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on December 30, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 12, 2007 as an [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 August 31, 2010. The balance at the time of purchase was $995.79. [redacted] expresses a concern that his validation requests have been ignored. On January 17, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that while it has received notifications from the credit reporting agencies starting on or about May 8, 2014 notifying it of possible disputes, no correspondence was received directly from [redacted] prior to his complaint to the CFPB, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Responding to the notifications of possible dispute received from the credit reporting agencies, Midland Credit verified the account information being reported, and mailed [redacted] correspondence containing the appropriate account information and requesting he contact it to resolve his dispute. Prior to his complaints, [redacted] had not contacted Midland Credit directly.
[redacted] also writes that when he contacted the original creditor, the representative advised him that there was no record of the above-referenced account. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also expresses concern that his account is too old to continue reporting. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account does not expire until February 2017. However, the expiration of the Federal Reporting period does not extinguish the debt. Rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit.
Please note that in its response to the CFPB, due to administrative oversight, Midland Credit listed February 2015 as the expiration of the Federal Reporting period. In fact, February 2015 is the expiration of the Statute of Limitations. The February 2017 expiration date of the Federal Reporting period is based on the first date of delinquency, which occurred on or about February 2, 2010. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud as he has indicated. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
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
January 5, 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 Account Numbers: [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 December 22, 2014. 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 December 5, 2014. [redacted] continues to express concern that Midland Credit has not provided adequate verification of debt. As stated in its previous response, Midland Credit mailed [redacted] separate and unique validation letters for each of the accounts. None of the letters were not returned “undeliverable” by the United States Postal Service. Copies of the verification information provided by the respective sellers for each of the accounts were provided in Midland Credit’s previous response. Additional copies are attached to this response.
[redacted] expresses additional concern that Midland Credit has re-aged the accounts by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted]’s concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on the accounts reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report for each respective account is in fact the date of purchase by Midland Funding LLC. 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.
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]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Thank you for your timely response to my complaint. I still believe the information provided to me incomplete and inaccurate. I do not accept liability for this debt. Although I would like to see this issue resolved, I would have to respectfully decline any offers to do so via phone. I will only accept written communication from Midland Credit Management, Inc. and its representatives in the resolution of this matter. Thank you again for your time.
Regards,
[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.
I would like to add that I a accept Mr. [redacted] response to the extent that collection efforts will stop and that they will not report this matter to the credit bureaus. I also want Mr. [redacted] to know, that I now understand the reasons why representatives from his company were unable to disclose any information to me due to the legal implications this may have.
I hope that Mr. [redacted] can understand by the same reasoning, why I was unable to engage in any meaningful dialogue with anyone who insisted that I disclose my social security number in order to be able to talk. This occurred on every occasion that I answered or returned your companies calls. Which were not that many, only about 3 or 4.
Finally and most importantly, I am certain that this debt does not belong to me and that I am being confusing me with someone else, since I spend most of my time out the country due to my work. On one occasion I was away for almost two years and the only other people that live at my home are my parents, who themselves spend half of their time in Mexico.
Thank you,
[redacted]
April 12, 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 follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 29, 2016. 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 March 1, 2016. [redacted] continues to request a copy of her signature. As indicated in Midland Credit’s previous responses, 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.
[redacted] also expresses a concern that Midland Credit is now sending mail to her parent’s address. However, [redacted] did not provide the address belonging to her parents. Additionally, the last letter mailed to [redacted], was sent to the address listed on the first complaint received through your office. If [redacted] would like to confirm that her parent’s address is no longer associated with the above-referenced account, she may contact Midland Credit’s Consumer Support Services team at[redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
November 5, 2014
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Ms. [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Thank you for your letter inquiry dated October 22, 2014, regarding Mrs. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted]s, LLC, at the time of acquisition indicates this account was originated on September 4, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 9, 2008. The balance at the time of purchase was $638.35.
?
Ms. [redacted] expresses a concern that she has been a victim of fraud. On October 4, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was mailed to Mrs. [redacted] via the United States Postal Service, and was not returned as “undeliverable,” satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
?
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mrs. [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mrs. [redacted] and collect the debt.
?
A review of Midland Credit’s business records indicates that it received the first correspondence from Mrs. [redacted] claiming she was a victim of fraud on September 22, 2014. However, the correspondence did not contain sufficient evidence for Midland Credit to accept as proof of fraud.
?
Midland Credit acted in a timely manner and has complied with all applicable laws. However, 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 Mrs. [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 Mrs. [redacted].
?
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
?
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 22, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 25, 2006 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 17, 2008. The balance at the time of purchase was $1,014.80.
While not the only item of concern identified within his complaint, [redacted] questions whether the debt is collectible because the account was not opened with Midland Credit. As referenced above, Midland Funding purchased the debt on September 8, 2009, and Midland Credit immediately became the servicer. Please note that the account was purchased from the seller with all rights. Midland Credit is a collection agency, licensed and bonded in those states with requirements that it be so licensed and/or bonded. Midland Credit collects outstanding debts incurred by consumers pursuant to a variety of types of consumer contracts – credit card, automobile, personal loans, etc.
To the extent that [redacted] would have been contacted by or on behalf of Midland Credit, it would be in an effort to collect a debt arising out of an established business relationship
Aside from the above, [redacted] expresses a concern that his validation requests have been ignored. On October 6, 2009, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that while it received notification from the credit reporting agencies on or about October 7, 2013, advising it of a possible dispute, it did not receive any correspondence directly from [redacted] requesting validation prior to the complaint filed through your office, both which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
That being said, in response to the notification it received from the credit reporting agencies, on October 8, 2013, Midland Credit mailed [redacted] a copy of the verification information provided by the seller. Another copy is enclosed for [redacted]’s records.
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). A review of Midland Credit’s business records indicates that the account is accurately reporting to the credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
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]
Senior Corporate Counsel, Legal Affairs & Compliance
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
From: [redacted]
Date: Mon, Oct 20, 2014 at 2:05 PM
Subject: complaint id #[redacted]
To: [redacted]
I received a response to my complaint #[redacted] against Midland Credit Management earlier this month. Unfortunately I was unable to respond using the link provided by the Revdex.com. I have however read the response provided by Midland and do not accept their response.
My request was for two extremely simple actions to be taken by Midland and their response they refuse to take the appropriate actions which I requested as follows:
1. Midland must arrange for the removal of the four DEMAND LETTERS which they mailed to my house for an unknown, unrelated individual. Midland’s suggestion that I “disregard” their repulsive, knowingly dishonest, illegal correspondence is insulting and ludicrous.
2. I AM DEMANDING COMPLETE REMOVAL of the incorrect, illegal association that MIDLAND has made with me. This demand includes the permanent removal of the following information from any and all files they have for [redacted] [redacted].
MY NAME, MY ADDRESS, MY TELEPHONE NUMBER must immediately and permanently be removed from the false an illegal association which Midland created.
Their file WILL NOT CONTINUE to list my phone number or address or name with the account of [redacted]
As clarification for the Revdex.com, marking my address as “DO NOT MAIL” does no remove the illegal, fraudulent, damaging association that they have made with me, a completely innocent unrelated party. In addition marking their file as “DO NOT CALL” , also does not eliminate the knowingly illegal fraudulent association which Midland has made.
BOTH of these conditions will be met by Midland in order for my complaint to be considered resolved.
Thank you for your assistance,
[redacted]
February 9, 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]
Dear [redacted]
Thank you for your follow-up letter inquiry dated January 26, 2015, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] writes that although Midland Credit stated in its previous response that the account would be removed from his consumer credit files, it has appeared on credit reports which he has recently received. As advised, Midland Credit did take the steps necessary to have the account removed from [redacted]’s consumer credit files at the time of its previous response. If this account has appeared on his credit file again, Midland Credit will again take the necessary steps to have the account removed. In keeping with its Consumer-First policy, Midland Credit made the business decision to close the account altogether. There will be no further collection activity, credit reporting or sale of this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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]
I'm paying off this court order debt. I was getting an invoice statement each month with the amount of money I owe them. One day last year this process stop.I'm keeping my records on my payments. What is responsibility of this Collection company?
Dear [redacted]:
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 20, 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 15, 2015. Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing and Midland Credit will continue to report it accurately to the three credit reporting agencies, [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]
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 would like to thank [redacted] for his thorough response. However, I must take objection with his claim that his company has even the slightest bit of respect for the consumer. Midland Credit has caused far more than an inconvenience to me, their presence on my credit report has made it impossible for me to obtain any substantial line of credit, despite having an otherwise clean record. I have attempted to resolve the issue through proper channels but have not received an ounce of assistance on their part to reach a "positive solution" They have sent all correspondence to an address I have not occupied in 3 years. They never served me with a lawsuit which according to court documents was filed in 2015. I have recently been issued a wage garnishment execution. which again was conveniently sent to the wrong address. This execution also indicated an incorrect address for the place I work. The lack of due diligence and fact checking done by Midland Credit compared to the damage they have done to my credit score is truly disgusting.
I am attaching emails I received regarding this account. The welcome email received in 2012, shows the original creditor as [redacted]. The last email, before the account being charged off was in August of 2013 acknowledging a posted payment and shows the creditor as [redacted]. The transition between [redacted] to [redacted] did not cause any interruption with my auto payments. I did not receive another email until March of 2014. At that time my balance due to compounding fees and interest had reached $529. Almost double the limit of the card. You can see the creditor now being [redacted]. I attempted to find out why my account had accrued such a high balance but [redacted] had already sold to the debt to a collection agency.
I understand I am not innocent and a debt is owed. I am looking for however a solution in which I and Midland Credit are held accountable. I had sent a letter recently stating the intent to settle before an execution for wage garnishment had been ordered. In return I would like the negative information removed from my credit report. Midland has not responded to my offer.
I will reach out once again the legal department to reach a solution. I am however steadfast in my belief that this company has zero respect for consumers. It is appalling that they are so freely allowed to conduct business with such disregard. [redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 24, 2014 regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 23, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 16, 2004 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 April 25, 2010. The balance at the time of purchase was $1,818.19.
[redacted]s expresses a concern that his validation requests have been ignored. Midland Credit sent [redacted]s a validation letter on March 27, 2011. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was sent at the same address listed within [redacted]s’ complaint and was not returned as “undeliverable” by the United States Postal Service – thus satisfying the notification requirements of the FDCPA.
Midland Credit’s business records indicate that it received the first correspondence from [redacted]s on August 12, 2014. 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]s and collect the debt.
Based on the information [redacted]s provided, and pursuant to the [redacted] Finance Code, Midland Credit responded to his August 12, 2014 correspondence by sending him a letter advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
Aside from the above, [redacted]s writes that he has never had an account with Midland Credit. Consumers are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account 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.
With that said, Midland Credit stands ready to assist him in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted]s provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, [redacted]s should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted]s is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted]s call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your letter inquiry dated July 30, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on September 23, 2010. Information provided by the seller, General Electric Capital Corp, at the time of acquisition indicates this account was originated on February 18, 2002 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 4, 2009. The balance at the time of purchase was $1,433.43.
Ms. [redacted] indicates that she believes the debt to be invalid if Midland Credit cannot provide her with the requested documentation. Midland Credit sent Ms. [redacted] a validation letter on September 29, 2010. In the letter, Midland Credit informed Ms. [redacted] 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”). Please note that the letter was mailed to the same address listed within Ms. [redacted]’s complaint and was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from Ms. [redacted] in response to the letter or pursuant to the Texas 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 Ms. [redacted] and collect the debt. 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.
Ms. [redacted] also questions whether Midland Credit is able to assess interest to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. Please note that Midland Credit does not assess interest to a consumer’s balance throughout the period of active repayment; however, missed payments will invalidate the agreed upon arrangement. Interest on the account which had been deferred while payments were being received would be added back to the account after payments ceased.
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.
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated December 3, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 13, 2006, 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 10, 2009. The balance at the time of purchase was $5,616.00. Midland Credit has removed the interest and fees charged by the seller and its files now reflect the balance due as $2,656.32, which was the charge-off balance of the debt.
[redacted] expresses concern that the above-referenced account is not his and was created erroneously under his name. Shortly after it acquired the above-referenced account, on October 26, 2013, Midland Credit sent [redacted] a validation letter. Please note that the letter was mailed to [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.
Midland Credit first received correspondence from [redacted] requesting validation of the account on November 7, 2014. Upon receipt of [redacted]’s correspondence, Midland Credit acknowledged [redacted]’s dispute, annotated the account as disputed, and sent a letter on November 14, 2014 advising him his concerns were being investigated. Additionally, Midland Credit notified the credit reporting agencies to stop reporting the account while it conducted its investigation of the account.
Midland Credit has received verification information from the seller. A copy is enclosed for [redacted]’s records. Please note, although Midland Credit has made the business decision not to add its tradeline back to [redacted]’s consumer credit files, the account remains valid, due and owing to it.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
However, if [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per [redacted] previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, he will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
September 14, 2016VIA E-Mail[redacted]Revdex.com of San Diego5050 Murphy Canyon, Ste. 110San Diego, CA 92123Re: 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 27, 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 May 21, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 26, 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 April 2, 2014. The balance at the time of purchase was $656.08. A copy of the verification information provided by the seller is enclosed for [redacted] records. Final payment on the account was received by Midland Credit on June 6, 2015. [redacted] has no further financial obligation for this account.[redacted] indicates that he was advised by the account manager assigned to his account that the collection would be removed from his credit report after it was paid. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which resolved the balance for the above-referenced account, please note that it is Midland Credit’s policy to furnish accurate account information. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.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]
July 13, 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 Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 30, 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 30, 2011. Information provided by the seller, [redacted], N.A., at the time of acquisition indicates this account was originated on June 28, 2004, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $21,594.87.
Mr. [redacted] expresses a concern that Midland Credit has failed to respond to his requests for validation and is reporting the account on his credit report. On July 9, 2011, Midland Credit mailed Mr. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Mr. [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mr. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the only correspondence requesting validation from Mr. [redacted] on April 15, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Although Mr. [redacted]’s validation request was not timely, verification information provided by the seller was mailed to Mr. [redacted] in response to his dispute on April 21, 2015. A copy of the verification information provided by the seller is enclosed. 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.
Mr. [redacted] also requests an investigation on Midland Credit for fraudulent practices. Please assure Mr. [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.
If Mr. [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Please have Mr. [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [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 dated September 22, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on August 30, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 18, 2012 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 22, 2013. The balance at the time of purchase was $550.18
[redacted] expresses a concern that his validation requests have been ignored. Midland Credit sent [redacted] a validation letter on September 8, 2013. 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”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit did not receive any correspondence from [redacted] requesting validation or disputing the account in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit received notification of a possible dispute from the credit reporting agencies on, or about, June 21, 2014. In response, Midland Credit mailed verification information provided by the seller to [redacted] on July 9, 2014. Also, as mentioned in his complaint, Midland Credit received direct correspondence from [redacted]’ on July 28, 2014. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, a letter was sent to him advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller is again enclosed for [redacted]’ records.
Midland Credit has determined that its credit file and credit reporting of the above-referenced account remains accurate. Midland Credit will be closing its investigation of [redacted]’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the above-referenced account, he may qualify for a reduction of his account balance. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’ account has been referred to Account Manager [redacted]. Please have [redacted] call [redacted] at [redacted] to discuss repayment options.
In the meantime, per [redacted]’ previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will not 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