[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 May 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] requests that Midland Credit provide all documentation pertaining to the account that Midland Credit used in coming to its conclusion in its previous response, including call recordings. Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 17, 2015. Please note that Midland Credit does not provide copies of account notes or call recordings absent a government request or court order.
[redacted] also requests verification information, including the date of delinquency. Based on the information provided by the seller, the first delinquency of this account occurred on August 28, 2008. Midland Funding, LLC (“Midland Funding”) subsequently purchased the account and placed it with Midland Credit for servicing on or about August 9, 2011. On August 20, 2011, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
A review of Midland Credit’s business records indicates that it received the first and only written correspondence requesting validation from [redacted] on April 6, 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 [redacted] and collect the debt.
With that said, Midland Credit must respectfully conclude that it is accurately reporting the account to the three major credit reporting agencies. The account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 10, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this...
matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on July 18, 2014. Information provided by the seller, [redacted] at
the time of acquisition indicates this account was originated on December 12, 2012, as a [redacted] account number
ending in [redacted], in
the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on June 18, 2014. The balance at the time of purchase was $766.81.
[redacted] writes that the account has been reported to the credit reporting
agencies although the letter sent to her advised that it would not be reported
if payments were made within a specified timeframe. Midland Credit acknowledges and wishes to
thank [redacted] for consistently making payments as agreed upon. Midland Credit has taken the steps required
to have the account removed from [redacted] consumer credit files. Copies of the requests sent to the credit
reporting agencies are enclosed for her records. Please note that it may take the credit
reporting agencies thirty to forty five days to update the information in Ms.
[redacted]’ consumer credit files.
Midland
Credit encourages [redacted] to continue to work with her account manager, [redacted] to resolve the account. [redacted] may reach [redacted] 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
Revdex.com:Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I am refuting the statement made by Midland Credit that they mailed me a validation letter dated December 25, 2009 to dispute debt. On December 22, 2014, I mailed Midland Credit requesting validation of debt and received no response from them in regard to that request. Further, Midland Credit states that they will not report the account to the three major credit reporting agencies until they are able to provide verification of debt is not the case. The three credit reports attached as exhibits will show they have reported the account delinquent with Equifax with out providing me validation/verification of debt as stated in their rebuttal letter. Thank you for your assistance with this matter.Regards,[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am glad they were able to agree to the 50% but the complaint is not just about that, it is in reference to being promised that once paid the debts would be removed from my credit profile. Please honor your original agreement and accept the 50% along with the removal. If those terms can be met, I will pay immediately.
On a side note, I do understand there company policy is to not remove things from credit but I was promised those terms. Please honor those terms promised by your team member.
Regards,
[redacted]
January 6, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 23, 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 August 29, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 17, 1991, as a [redacted]./[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 6, 2013. The balance at the time of purchase was $3,624.04.
[redacted] expresses a concern that there is an unknown account on his credit report. On September 12, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on August 21, 2015. In response to the dispute at that time, verification information provided by the seller was mailed to [redacted]. A copy of that documentation is again enclosed for his records. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
A review of Midland Credit’s business records indicates that on June 28, 2015, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department indicates that in a hearing on November 19, 2015, a stipulation agreement was reached and a copy of the stipulation was mailed to [redacted] to sign and return to the Internal Legal Department.
[redacted] also requests a breakdown of how the balance was reached. As stated above, this account was purchased from the seller with a balance of $3,624.04. Midland Credit has not added interest or fees to the balance of the account.
Midland Credit encourages [redacted] to work with the Internal Legal Department to assist in reaching a positive resolution. [redacted] may reach the Internal Legal Department at PO Box 969050, San Diego, CA 92193. Their phone number is [redacted]
Per [redacted] request to no longer receive phone calls, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 29, 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 December 23, 2010. Information provided by the seller, [redacted] N.A., at the time of acquisition indicates this account was originated on June 24, 2006, 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 February 3, 2010. The balance at the time of purchase was $609.86.
[redacted] expresses a concern that his request for validation was ignored. On December 30, 2010, Midland Credit mailed him a validation letter. Please note that the letter was mailed to him via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from him on September 8, 2015. In response, Midland Credit appropriately mailed him a letter on September 16, 2015 requesting supporting documentation of any specific dispute [redacted] may have. To date, no such documentation has been received.
With that said, upon receipt of [redacted] complaint, Midland Credit has marked his account as “Direct Mail Only” in accordance with his request to receive all future correspondence via mail and stop attempts to reach him by telephone. Additionally, Midland Credit has acknowledged his current dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
December 15, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on April 27, 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 April 7, 2009. The balance at the time of purchase was $875.60.
[redacted]
expresses concern that a debt that he paid over three year ago is still active
on his credit report, and requests to have the account removed from his credit
report. A review of Midland Credit’s business records
indicates that on May 2, 2010, this
account was assigned to the law firm of [redacted] & [redacted]
(“[redacted]”). [redacted] has advised that suit was filed on
July 21, 2010, [redacted] served on July 29, 2010, and judgment was awarded on
September 24, 2010. Ultimately, the
judgment was fully paid through a wage remittance on October 12, 2012. [redacted] further advises that a letter was
mailed to [redacted] on or about December 11, 2015, confirming that the account is
paid in full. Due to an oversight by the
courts, the Warrant of Satisfaction was not returned by the Court Officer when
the judgment was initially satisfied.
However, [redacted] contacted the Court on December 18, 2015, and
confirmed that the judgment file is reflecting as closed. Additionally, [redacted] is taking steps to
submit the Warrant of Satisfaction on [redacted] behalf.
[redacted] has no further financial obligation for the above-referenced account. Please note that Midland Credit only reports
the tradeline of the above-referenced account. In this case, Midland Credit
previously ceased reporting the tradeline. The credit reporting agencies report
the judgment as a matter of public record and do so in accordance with
applicable law. Midland Credit has no jurisdiction over the credit reporting of
any matters of public record.
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], or
[redacted] directly at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Billy [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry dated November 3, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 23, 2013. Information provided by the seller, [redacted] LLC, at the time of acquisition indicates this account was originated on June 12, 2008, as a [redacted] cellular account number ending in [redacted], in the name of B[redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 29, 2012. The balance at the time of purchase was $109.73. Final payment on the account was received on October 27, 2014. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] questions whether the account is collectible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations does not expire until October 27, 2018. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for this account does not expire until March 2019.
Mr. [redacted] also questions the alleged conduct of certain Midland Credit employees. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Mr. [redacted] states that when he called to settle the account, the representative refused to accept payment. Please note that the alleged conduct described by Mr. [redacted] has been investigated.
On October 27, 2014, due to a previous communication restriction requested by Mr. [redacted], the Midland Credit representative was unable to transfer the account to an Account Manager to take payment and ownership of the account. Mr. [redacted] was advised to send a letter authorizing the removal of the restriction. That same day, Midland Credit received Mr. [redacted]’ faxed letter and the communication restriction was removed. Mr. [redacted] subsequently settled the account, and thus has no further financial obligation for this account.
Furthermore, Mr. [redacted] expresses a desire to have the above-referenced account deleted from his consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist Mr. [redacted] in reaching a resolution which settled the balance of his account, it is Midland Credit’s policy to report all accounts accurately. Midland Credit is accurately reporting the account as “Account paid in full, was a collection account” with an additional memo which states, “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 Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 1, 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.
As [redacted]’s follow-up indicates that he is not represented by an attorney, Midland Credit has updated its records to allow its representatives to communicate with him directly. [redacted] also expresses dissatisfaction with Midland Credit’s previous response. Midland Credit maintains its previous position. It is Midland Credit’s policy to report all accounts accurately. At the time [redacted] paid the account, its policy was to report the account as “Account paid in full, was a collection account.” 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 [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 10, 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 November 5, 2015. [redacted] continues to express concern regarding his credit report. He has also expressed an additional concern that his disputes are going unheard and states that he has reached out to the original creditor, [redacted]. Please note that Midland Credit has responded appropriately to all of the disputes that it has received, including the prior dispute received through your agency, referenced above.
[redacted] states the account is being reported by [redacted] as “Paid, was a collection account, insurance claim or government claim or was terminated for default”. As previously advised, depending on the current condition of a given account, Midland Credit will furnish an account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that it is furnishing the account information as “Account paid in full, was a collection account,” to the three major credit reporting agencies.
[redacted] also claims that [redacted] is listing Midland Credit as the original lender, and that [redacted] is not showing Midland Credit’s tradeline, only that of [redacted]. Midland Credit maintains its stance that it is furnishing the same “Account paid in full, was a collection account” status to all three major credit reporting agencies and that the information being furnished is accurate. [redacted] is encouraged to communicate directly with the credit bureaus should he have any further concerns. Additionally, if [redacted] obtained his credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
[redacted] also writes that there was an agreement for a deletion when he paid the account. According to Midland Credit’s business records, [redacted] was advised that if he paid the full balance on the account it would report as “paid in full.” Additionally, he was advised that if he were to accept a settlement offer on the account, there would be an additional line that would state “for less than full balance.” Midland Credit then obtained authorization to accept payment on the account from [redacted] spouse, and the account was paid that day. 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.” 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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 21, 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 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 8, 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 January 31, 2012. The balance at the time of purchase was $878.14.
While not the only item of concern referenced in her complaint, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies. In [redacted] case, Midland Credit is registered with the [redacted] Department of Financial Institutions. Please have [redacted] contact their agency for more information regarding licensing requirements.
[redacted] writes that she has attempted to contact Midland Credit to resolve the debt multiple times over the last year, but has been unsuccessful. She also writes that the only responses she has received from Midland Credit indicate that it will not communicate with her. A review of Midland Credit’s business records indicates that on October 6, 2013, this account was assigned to the law offices of [redacted] Midland Credit received notice from [redacted] in February of 2014 that [redacted] no longer wished to be contacted about the account, and the account was marked as “Cease and Desist”. Subsequently, in April of 2014, the account was returned to Midland Credit for servicing. Due to this restriction, any letters sent in response to [redacted] inquiries would have included language advising her that Midland Credit would not contact her further unless a response was required by law. Please also note that Midland Credit is unable to locate record of a telephone conversation with [redacted] in the past year.
[redacted] also indicates that she may have previously resolved the balance, and has sent letters with details of the situation. Midland Credit does not have record of receiving correspondence from [redacted] indicating that the account was previously resolved, or more specific details of her dispute. With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies will be notified to delete Midland Credit’s reference to the collection account in question from [redacted] consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com#[redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 10, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the two accounts referenced in [redacted]’ complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 29, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 21, 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 December 9, 2011. The balance at the time of purchase was $301.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 8, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 22, 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 January 31, 2012. The balance at the time of purchase was $2,981.91.
[redacted] expresses a concern that Midland Credit has ignored their request for validation. Midland Credit mailed [redacted] separate and unique validation letters – on June 6, 2013, for account no. [redacted], and on February 17, 2012, for account no. [redacted]. These letters informed them that Midland Funding had acquired the accounts, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any written correspondence from [redacted] pursuant to the [redacted] Finance Code. Please note, [redacted] advises that on July 1, 2016, she mailed a certified letter requesting validation of the account to Midland Credit at the 8875 Aero Dr. Ste 200 San Diego, CA 92123 address. In July 2015, Midland Credit moved offices from 8875 Aero Drive #200, San Diego, CA 92123 to 2365 Northside Drive, Suite 300, San Diego, CA 92108.
While no written correspondence requesting validation for the accounts has been received from [redacted], Midland Credit’s business records indicates that it received notices of possible disputes from the credit reporting agencies for the above-referenced accounts on June 17, 2016, and August 23, 2016.
In response to the notices of possible disputes for account no. [redacted], Midland Credit mailed a letter advising [redacted] that it needed more time to investigate their concerns on July 6, 2016. Subsequently, Midland Credit made the business decision to close account no. [redacted]. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of account no. [redacted]. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [redacted] consumer credit files. A copy of the Universal Data Form showing the request which was sent to the credit reporting agencies is enclosed for [redacted]’ records.
With regard to account no. [redacted], upon receipt of [redacted]’ notices of possible disputes, verification information provided by the seller was mailed on July 6, 2016, and again on August 31, 2016. Although verification information provided by the seller was mailed to [redacted] in response to their previous notices of possible disputes for account no. [redacted], a copy of that documentation is again enclosed for their records.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for account no. [redacted] is 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 for account no. [redacted].
If [redacted] is ready to resolve account no. [redacted], please have [redacted] call Account Manager [redacted] to assist them in reaching a resolution of the account balance.
In the meantime, per [redacted]’ request, account no. [redacted] has been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated November 25, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 28, 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 April 8, 2009. The balance at the time of purchase was $985.90.
[redacted] expresses a concern that her validation requests have been ignored. On September 30, 2009, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of 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 of a possible dispute from the credit reporting agencies on November 19, 2014, no correspondence was received directly from [redacted] prior to the complaint filed through your office, neither of which can be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted] 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. The open date listed on [redacted] credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
As for [redacted] concerns about the statute of limitations, a review of Midland Credit’s business records indicates that the statute of limitations for the above-referenced account expired on October 7, 2012. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy. The above-referenced account still remains collectible, due and owing to Midland Credit.
Please note the statute of limitations is different than the seven-year federal reporting period. A review of Midland Credit’s business records indicates that the federal reporting period for this account does not expire until October 2015. As such, Midland Credit 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. There do not appear to be any conversations with [redacted] regarding the above-referenced account and no detail about when such interaction took place was provided in the complaint. In order to investigate such concerns, Midland Credit requests that [redacted] provide additional information. She may contact Midland Credit’s Consumer Support Services team at [redacted] to provide such information.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at the number above 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 sent my response. I did not receive any merchandise and want this closed and off my credit report. MIDLAND continues to send letters to my house saying if I don't respond in 30 days that the debt is owed. I responded the first time I recived the letter.I did not reconvenient any merchandise. I am not liable for this. Please close this and take it off my credit report so they stop harassing me for something I don't owe.
Regards,
[redacted]
Thank you for your follow-up letter inquiry dated October 21, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Please
note that Midland Credit provided all of the account identifying information in
its previous letter response to your office dated October 16, 2014. [redacted] writes that the original
creditor’s tradeline still appears on her consumer credit files. Midland Credit ceased reporting its tradeline
to the three major credit reporting agencies regarding the account. However, Midland Credit has no control over
the credit reporting conducted by the original creditor, [redacted]. If [redacted] has concerns regarding the
information being reported by the original creditor, she may dispute directly
with the credit reporting agencies.
If
[redacted] is ready to settle this debt, she may qualify for a reduction in
her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial
to her, as well as settle the account balance.
In
the meantime, per [redacted]’s request, the above-referenced account 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]
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]
November 17, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted], [redacted], [redacted], and [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of four accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on January 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 17, 2003, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $1,309.22.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 27, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 12, 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 March 22, 2010. The balance at the time of purchase was $3,495.81.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 17, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 26, 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 January 17, 2012. The balance at the time of purchase was $10,545.91.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 19, 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 30, 2010. The balance at the time of purchase was $1,584.40.
[redacted] expresses a concern that the accounts should not be reporting on their consumer credit files. With reference to account number [redacted], on March 11, 2012, Midland Credit mailed the consumer 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. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. Midland Credit received notification of a possible dispute through the credit reporting agencies on March 22, 2013. In response to that notification of possible dispute, Midland Credit mailed verification information provided by the seller to [redacted]. A copy of that documentation is again enclosed for their records.
Midland Credit mailed [redacted] separate and unique validation letters for the accounts: on September 26, 2014, for account no. [redacted], on November 26, 2014 for account no. [redacted], and on October 1, 2015, for account no. [redacted]. These letters informed the consumer that Midland Funding had acquired the accounts, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing these debts or requesting validation from [redacted] in response to the letters. Upon receipt of [redacted]’s complaint, Midland Credit acknowledged the consumer’s dispute, annotated the accounts as disputed, and has ceased collection efforts while it is in the process of verifying the debts. Once Midland Credit has obtained verification of the debts, copies will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debts regarding account nos. [redacted], [redacted], and [redacted].
[redacted] indicates that they have never done business 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.
[redacted] also indicates that they believe Midland Credit should be reporting as the original creditor. Midland Credit is unable to report as the original creditor, and all accounts it reports are reported as collection accounts. [redacted] may be seeing accounts reported by the original creditor as well as Midland Credit. If [redacted] has concerns regarding the information being reported by the original creditor, they may dispute it directly with the credit reporting agencies.
[redacted] further writes that they believe that Midland Credit has re-aged the accounts by reporting the dates of purchase as the open dates. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open dates being furnished on the accounts reflect the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
[redacted] expresses concern that the accounts will continue to report indefinitely because they believe their purchase has restarted the Federal Reporting period. The date of purchase of the accounts does not affect the Federal Reporting period which is calculated based on the date of delinquency with the original creditor. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period will expire in December of 2016 for account no. [redacted], in August of 2016 for account no. [redacted], in June of 2018 for account no. [redacted] and in November of 2016 for account no. [redacted]. Please note that the expiration of the Federal Reporting period does not extinguish a debt. Rather, it prevents an account’s information from being listed on the consumer’s credit report. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies with regard to account no. [redacted] is accurate.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
May 14, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] requests that Midland Credit provide all documentation pertaining to the account that Midland Credit used in coming to its conclusion in its previous response, including call recordings. Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 17, 2015. Please note that Midland Credit does not provide copies of account notes or call recordings absent a government request or court order.
[redacted] also requests verification information, including the date of delinquency. Based on the information provided by the seller, the first delinquency of this account occurred on August 28, 2008. Midland Funding, LLC (“Midland Funding”) subsequently purchased the account and placed it with Midland Credit for servicing on or about August 9, 2011. On August 20, 2011, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
A review of Midland Credit’s business records indicates that it received the first and only written correspondence requesting validation from [redacted] on April 6, 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 [redacted] and collect the debt.
With that said, Midland Credit must respectfully conclude that it is accurately reporting the account to the three major credit reporting agencies. The account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 10, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this...
matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on July 18, 2014. Information provided by the seller, [redacted] at
the time of acquisition indicates this account was originated on December 12, 2012, as a [redacted] account number
ending in [redacted], in
the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on June 18, 2014. The balance at the time of purchase was $766.81.
[redacted] writes that the account has been reported to the credit reporting
agencies although the letter sent to her advised that it would not be reported
if payments were made within a specified timeframe. Midland Credit acknowledges and wishes to
thank [redacted] for consistently making payments as agreed upon. Midland Credit has taken the steps required
to have the account removed from [redacted] consumer credit files. Copies of the requests sent to the credit
reporting agencies are enclosed for her records. Please note that it may take the credit
reporting agencies thirty to forty five days to update the information in Ms.
[redacted]’ consumer credit files.
Midland
Credit encourages [redacted] to continue to work with her account manager, [redacted] to resolve the account. [redacted] may reach [redacted] 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]
Enclosure
Revdex.com:Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I am refuting the statement made by Midland Credit that they mailed me a validation letter dated December 25, 2009 to dispute debt. On December 22, 2014, I mailed Midland Credit requesting validation of debt and received no response from them in regard to that request. Further, Midland Credit states that they will not report the account to the three major credit reporting agencies until they are able to provide verification of debt is not the case. The three credit reports attached as exhibits will show they have reported the account delinquent with Equifax with out providing me validation/verification of debt as stated in their rebuttal letter. Thank you for your assistance with this matter.Regards,[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am glad they were able to agree to the 50% but the complaint is not just about that, it is in reference to being promised that once paid the debts would be removed from my credit profile. Please honor your original agreement and accept the 50% along with the removal. If those terms can be met, I will pay immediately.
On a side note, I do understand there company policy is to not remove things from credit but I was promised those terms. Please honor those terms promised by your team member.
Regards,
[redacted]
January 6, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 23, 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 August 29, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 17, 1991, as a [redacted]./[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 6, 2013. The balance at the time of purchase was $3,624.04.
[redacted] expresses a concern that there is an unknown account on his credit report. On September 12, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on August 21, 2015. In response to the dispute at that time, verification information provided by the seller was mailed to [redacted]. A copy of that documentation is again enclosed for his records. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
A review of Midland Credit’s business records indicates that on June 28, 2015, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department indicates that in a hearing on November 19, 2015, a stipulation agreement was reached and a copy of the stipulation was mailed to [redacted] to sign and return to the Internal Legal Department.
[redacted] also requests a breakdown of how the balance was reached. As stated above, this account was purchased from the seller with a balance of $3,624.04. Midland Credit has not added interest or fees to the balance of the account.
Midland Credit encourages [redacted] to work with the Internal Legal Department to assist in reaching a positive resolution. [redacted] may reach the Internal Legal Department at PO Box 969050, San Diego, CA 92193. Their phone number is [redacted]
Per [redacted] request to no longer receive phone calls, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 29, 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 December 23, 2010. Information provided by the seller, [redacted] N.A., at the time of acquisition indicates this account was originated on June 24, 2006, 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 February 3, 2010. The balance at the time of purchase was $609.86.
[redacted] expresses a concern that his request for validation was ignored. On December 30, 2010, Midland Credit mailed him a validation letter. Please note that the letter was mailed to him via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from him on September 8, 2015. In response, Midland Credit appropriately mailed him a letter on September 16, 2015 requesting supporting documentation of any specific dispute [redacted] may have. To date, no such documentation has been received.
With that said, upon receipt of [redacted] complaint, Midland Credit has marked his account as “Direct Mail Only” in accordance with his request to receive all future correspondence via mail and stop attempts to reach him by telephone. Additionally, Midland Credit has acknowledged his current dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
December 15, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on April 27, 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 April 7, 2009. The balance at the time of purchase was $875.60.
[redacted]
expresses concern that a debt that he paid over three year ago is still active
on his credit report, and requests to have the account removed from his credit
report. A review of Midland Credit’s business records
indicates that on May 2, 2010, this
account was assigned to the law firm of [redacted] & [redacted]
(“[redacted]”). [redacted] has advised that suit was filed on
July 21, 2010, [redacted] served on July 29, 2010, and judgment was awarded on
September 24, 2010. Ultimately, the
judgment was fully paid through a wage remittance on October 12, 2012. [redacted] further advises that a letter was
mailed to [redacted] on or about December 11, 2015, confirming that the account is
paid in full. Due to an oversight by the
courts, the Warrant of Satisfaction was not returned by the Court Officer when
the judgment was initially satisfied.
However, [redacted] contacted the Court on December 18, 2015, and
confirmed that the judgment file is reflecting as closed. Additionally, [redacted] is taking steps to
submit the Warrant of Satisfaction on [redacted] behalf.
[redacted] has no further financial obligation for the above-referenced account. Please note that Midland Credit only reports
the tradeline of the above-referenced account. In this case, Midland Credit
previously ceased reporting the tradeline. The credit reporting agencies report
the judgment as a matter of public record and do so in accordance with
applicable law. Midland Credit has no jurisdiction over the credit reporting of
any matters of public record.
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], or
[redacted] directly 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 17, 2014
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Billy [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry dated November 3, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 23, 2013. Information provided by the seller, [redacted] LLC, at the time of acquisition indicates this account was originated on June 12, 2008, as a [redacted] cellular account number ending in [redacted], in the name of B[redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 29, 2012. The balance at the time of purchase was $109.73. Final payment on the account was received on October 27, 2014. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] questions whether the account is collectible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations does not expire until October 27, 2018. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for this account does not expire until March 2019.
Mr. [redacted] also questions the alleged conduct of certain Midland Credit employees. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Mr. [redacted] states that when he called to settle the account, the representative refused to accept payment. Please note that the alleged conduct described by Mr. [redacted] has been investigated.
On October 27, 2014, due to a previous communication restriction requested by Mr. [redacted], the Midland Credit representative was unable to transfer the account to an Account Manager to take payment and ownership of the account. Mr. [redacted] was advised to send a letter authorizing the removal of the restriction. That same day, Midland Credit received Mr. [redacted]’ faxed letter and the communication restriction was removed. Mr. [redacted] subsequently settled the account, and thus has no further financial obligation for this account.
Furthermore, Mr. [redacted] expresses a desire to have the above-referenced account deleted from his consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist Mr. [redacted] in reaching a resolution which settled the balance of his account, it is Midland Credit’s policy to report all accounts accurately. Midland Credit is accurately reporting the account as “Account paid in full, was a collection account” with an additional memo which states, “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 Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 1, 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.
As [redacted]’s follow-up indicates that he is not represented by an attorney, Midland Credit has updated its records to allow its representatives to communicate with him directly. [redacted] also expresses dissatisfaction with Midland Credit’s previous response. Midland Credit maintains its previous position. It is Midland Credit’s policy to report all accounts accurately. At the time [redacted] paid the account, its policy was to report the account as “Account paid in full, was a collection account.” 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]
November 24, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 10, 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 November 5, 2015. [redacted] continues to express concern regarding his credit report. He has also expressed an additional concern that his disputes are going unheard and states that he has reached out to the original creditor, [redacted]. Please note that Midland Credit has responded appropriately to all of the disputes that it has received, including the prior dispute received through your agency, referenced above.
[redacted] states the account is being reported by [redacted] as “Paid, was a collection account, insurance claim or government claim or was terminated for default”. As previously advised, depending on the current condition of a given account, Midland Credit will furnish an account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that it is furnishing the account information as “Account paid in full, was a collection account,” to the three major credit reporting agencies.
[redacted] also claims that [redacted] is listing Midland Credit as the original lender, and that [redacted] is not showing Midland Credit’s tradeline, only that of [redacted]. Midland Credit maintains its stance that it is furnishing the same “Account paid in full, was a collection account” status to all three major credit reporting agencies and that the information being furnished is accurate. [redacted] is encouraged to communicate directly with the credit bureaus should he have any further concerns. Additionally, if [redacted] obtained his credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
[redacted] also writes that there was an agreement for a deletion when he paid the account. According to Midland Credit’s business records, [redacted] was advised that if he paid the full balance on the account it would report as “paid in full.” Additionally, he was advised that if he were to accept a settlement offer on the account, there would be an additional line that would state “for less than full balance.” Midland Credit then obtained authorization to accept payment on the account from [redacted] spouse, and the account was paid that day. 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.” 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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 21, 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 8, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 8, 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 January 31, 2012. The balance at the time of purchase was $878.14.
While not the only item of concern referenced in her complaint, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies. In [redacted] case, Midland Credit is registered with the [redacted] Department of Financial Institutions. Please have [redacted] contact their agency for more information regarding licensing requirements.
[redacted] writes that she has attempted to contact Midland Credit to resolve the debt multiple times over the last year, but has been unsuccessful. She also writes that the only responses she has received from Midland Credit indicate that it will not communicate with her. A review of Midland Credit’s business records indicates that on October 6, 2013, this account was assigned to the law offices of [redacted] Midland Credit received notice from [redacted] in February of 2014 that [redacted] no longer wished to be contacted about the account, and the account was marked as “Cease and Desist”. Subsequently, in April of 2014, the account was returned to Midland Credit for servicing. Due to this restriction, any letters sent in response to [redacted] inquiries would have included language advising her that Midland Credit would not contact her further unless a response was required by law. Please also note that Midland Credit is unable to locate record of a telephone conversation with [redacted] in the past year.
[redacted] also indicates that she may have previously resolved the balance, and has sent letters with details of the situation. Midland Credit does not have record of receiving correspondence from [redacted] indicating that the account was previously resolved, or more specific details of her dispute. With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies will be notified to delete Midland Credit’s reference to the collection account in question from [redacted] consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
November 18, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com#[redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 10, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the two accounts referenced in [redacted]’ complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 29, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 21, 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 December 9, 2011. The balance at the time of purchase was $301.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 8, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 22, 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 January 31, 2012. The balance at the time of purchase was $2,981.91.
[redacted] expresses a concern that Midland Credit has ignored their request for validation. Midland Credit mailed [redacted] separate and unique validation letters – on June 6, 2013, for account no. [redacted], and on February 17, 2012, for account no. [redacted]. These letters informed them that Midland Funding had acquired the accounts, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any written correspondence from [redacted] pursuant to the [redacted] Finance Code. Please note, [redacted] advises that on July 1, 2016, she mailed a certified letter requesting validation of the account to Midland Credit at the 8875 Aero Dr. Ste 200 San Diego, CA 92123 address. In July 2015, Midland Credit moved offices from 8875 Aero Drive #200, San Diego, CA 92123 to 2365 Northside Drive, Suite 300, San Diego, CA 92108.
While no written correspondence requesting validation for the accounts has been received from [redacted], Midland Credit’s business records indicates that it received notices of possible disputes from the credit reporting agencies for the above-referenced accounts on June 17, 2016, and August 23, 2016.
In response to the notices of possible disputes for account no. [redacted], Midland Credit mailed a letter advising [redacted] that it needed more time to investigate their concerns on July 6, 2016. Subsequently, Midland Credit made the business decision to close account no. [redacted]. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of account no. [redacted]. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [redacted] consumer credit files. A copy of the Universal Data Form showing the request which was sent to the credit reporting agencies is enclosed for [redacted]’ records.
With regard to account no. [redacted], upon receipt of [redacted]’ notices of possible disputes, verification information provided by the seller was mailed on July 6, 2016, and again on August 31, 2016. Although verification information provided by the seller was mailed to [redacted] in response to their previous notices of possible disputes for account no. [redacted], a copy of that documentation is again enclosed for their records.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for account no. [redacted] is 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 for account no. [redacted].
If [redacted] is ready to resolve account no. [redacted], please have [redacted] call Account Manager [redacted] to assist them in reaching a resolution of the account balance.
In the meantime, per [redacted]’ request, account no. [redacted] has been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
December 9, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated November 25, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 28, 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 April 8, 2009. The balance at the time of purchase was $985.90.
[redacted] expresses a concern that her validation requests have been ignored. On September 30, 2009, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of 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 of a possible dispute from the credit reporting agencies on November 19, 2014, no correspondence was received directly from [redacted] prior to the complaint filed through your office, neither of which can be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted] 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. The open date listed on [redacted] credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
As for [redacted] concerns about the statute of limitations, a review of Midland Credit’s business records indicates that the statute of limitations for the above-referenced account expired on October 7, 2012. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy. The above-referenced account still remains collectible, due and owing to Midland Credit.
Please note the statute of limitations is different than the seven-year federal reporting period. A review of Midland Credit’s business records indicates that the federal reporting period for this account does not expire until October 2015. As such, Midland Credit 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. There do not appear to be any conversations with [redacted] regarding the above-referenced account and no detail about when such interaction took place was provided in the complaint. In order to investigate such concerns, Midland Credit requests that [redacted] provide additional information. She may contact Midland Credit’s Consumer Support Services team at [redacted] to provide such information.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at the number above 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.
I sent my response. I did not receive any merchandise and want this closed and off my credit report. MIDLAND continues to send letters to my house saying if I don't respond in 30 days that the debt is owed. I responded the first time I recived the letter.I did not reconvenient any merchandise. I am not liable for this. Please close this and take it off my credit report so they stop harassing me for something I don't owe.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 21, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Please
note that Midland Credit provided all of the account identifying information in
its previous letter response to your office dated October 16, 2014. [redacted] writes that the original
creditor’s tradeline still appears on her consumer credit files. Midland Credit ceased reporting its tradeline
to the three major credit reporting agencies regarding the account. However, Midland Credit has no control over
the credit reporting conducted by the original creditor, [redacted]. If [redacted] has concerns regarding the
information being reported by the original creditor, she may dispute directly
with the credit reporting agencies.
If
[redacted] is ready to settle this debt, she may qualify for a reduction in
her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial
to her, as well as settle the account balance.
In
the meantime, per [redacted]’s request, the above-referenced account 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]
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]
November 17, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted], [redacted], [redacted], and [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of four accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on January 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 17, 2003, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $1,309.22.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 27, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 12, 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 March 22, 2010. The balance at the time of purchase was $3,495.81.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 17, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 26, 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 January 17, 2012. The balance at the time of purchase was $10,545.91.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 19, 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 30, 2010. The balance at the time of purchase was $1,584.40.
[redacted] expresses a concern that the accounts should not be reporting on their consumer credit files. With reference to account number [redacted], on March 11, 2012, Midland Credit mailed the consumer 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. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. Midland Credit received notification of a possible dispute through the credit reporting agencies on March 22, 2013. In response to that notification of possible dispute, Midland Credit mailed verification information provided by the seller to [redacted]. A copy of that documentation is again enclosed for their records.
Midland Credit mailed [redacted] separate and unique validation letters for the accounts: on September 26, 2014, for account no. [redacted], on November 26, 2014 for account no. [redacted], and on October 1, 2015, for account no. [redacted]. These letters informed the consumer that Midland Funding had acquired the accounts, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing these debts or requesting validation from [redacted] in response to the letters. Upon receipt of [redacted]’s complaint, Midland Credit acknowledged the consumer’s dispute, annotated the accounts as disputed, and has ceased collection efforts while it is in the process of verifying the debts. Once Midland Credit has obtained verification of the debts, copies will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debts regarding account nos. [redacted], [redacted], and [redacted].
[redacted] indicates that they have never done business 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.
[redacted] also indicates that they believe Midland Credit should be reporting as the original creditor. Midland Credit is unable to report as the original creditor, and all accounts it reports are reported as collection accounts. [redacted] may be seeing accounts reported by the original creditor as well as Midland Credit. If [redacted] has concerns regarding the information being reported by the original creditor, they may dispute it directly with the credit reporting agencies.
[redacted] further writes that they believe that Midland Credit has re-aged the accounts by reporting the dates of purchase as the open dates. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open dates being furnished on the accounts reflect the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
[redacted] expresses concern that the accounts will continue to report indefinitely because they believe their purchase has restarted the Federal Reporting period. The date of purchase of the accounts does not affect the Federal Reporting period which is calculated based on the date of delinquency with the original creditor. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period will expire in December of 2016 for account no. [redacted], in August of 2016 for account no. [redacted], in June of 2018 for account no. [redacted] and in November of 2016 for account no. [redacted]. Please note that the expiration of the Federal Reporting period does not extinguish a debt. Rather, it prevents an account’s information from being listed on the consumer’s credit report. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies with regard to account no. [redacted] is accurate.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]