Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 22, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter...
indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts.
A review of Midland Credit’s business records indicates a phone call was received on April 14, 2015, presumably from [redacted]. The caller advised that he was receiving calls from Midland Credit. Upon receiving the phone call, the Midland Credit representative marked [redacted]’s phone number, [redacted] as “Do Not Call” on the referenced accounts. Subsequent calls were received from [redacted] on April 20, 2015 and April 22, 2015 advising of the same issue. To further ensure he was not receiving calls at the phone number he had provided, it was added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
Please note, while the phone numbers listed in [redacted]’s complaint belong to Midland Credit, a review of Midland Credit’s business appears to indicate that no calls have been attempted to the phone number provided by [redacted] since March 8, 2011.
However, as [redacted] believes Midland Credit is the source of the calls he is receiving, it respectfully requests that he provide any additional phone numbers Midland Credit representatives may have called, or that may be forwarding calls to his phone. Midland Credit is sensitive to his concerns and should additional information be provided, will conduct further investigation and will continue to stand ready to assist in resolving [redacted]’s concerns.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this...
matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to [redacted]. During a search for the correct consumer, [redacted] address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted] address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure [redacted] that she will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
October 13, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted] ...
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted]'s complaint indicates that she has consulted with an attorney. Going forward, all communication about the matter should be handled by her attorney. Please note that Midland Credit has not received any notification that she has retained an attorney, and respectfully requests that she provide the documentation showing that an attorney has been retained so that Midland Credit may update the account accordingly with her attorney's information. If [redacted] has not retained an attorney, Midland Credit respectfully requests that she provide it with written notice so that it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 27, 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, 7, 2009. The balance at the time of purchase was $1,076.27.
[redacted] expresses a concern that her validation requests have been ignored. On January 2, 2010, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it received notification from the credit reporting agencies on July 18, 2014 of a possible dispute. Although the request was not timely, verification information provided by the seller was mailed on August 13, 2014 to [redacted] in response to her dispute. Another copy of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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.
The accuracy of information you have reported to my credit file and in your response to Revdex.com and CFPB is challenged .MIDLAND funding in their response are blatantly providing false information they claim to have sent me letters but I Never received any communication in writing from MIDLAND FUNDING. That is false and not accurate because they have never verified this debt to me and they NEVER sent any of the letters that they claim to have sent.-My address in file has not changed.I am maintaining a careful record of my communications with you on this matter, for the purpose of filing a complaint with the FTC and the Attorney General of [redacted] should you continue in your non-compliance.In compliance with FCRA §623(a) (8) (D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes the following Identification of the specific information being disputed:MIDLAND Funding as shown on my [redacted] and [redacted] Credit Report accounts [redacted] and [redacted] are showing incorrect information.Basis for the dispute:1. ACCOUNT [redacted] is Reporting Date of First Delinquency as 5/2010 with [redacted] and that information should be 08/2009. The fact that you bought the Debt in May 2010 Does not change the original Date of first Default with the original creditor [redacted].Your claim that its first date of default was when you bought it which is in VIOLATION under the provisions of FCRA §623(a)(8)(D).Also, the account was charged off By ORIGINAL CREDITOR in December 2008. MIDLAND FUNDING cannot report that the account’s FIRST DATE OF DEFAULT was 5/2010 when they purchased the account and thatMIDLAND funding in their letter state that seven-year Federal Reporting period for the accounts does not expire until May 2017 for account no. [redacted] which is a violation because the First Date of Delinquency is not 5/2010 that MIDLAND is using to report in violation under the provisions of FCRA §623(a)(8)(D).2. ACCOUNT [redacted] is Reporting Date of First Delinquency as 04/2010 with [redacted] and That information should be 10/2008 The fact that you bought the Debt in APRIL 2010 Does not change the original Date of first Default with the original creditor [redacted].Your claim that its first date of default was when you bought it which is in VIOLATION OF under the provisions of FCRA §623(a) (8) (D), of the accuracy of information you have reported to my credit file.Also, the account was charged off by the ORIGINAL CREDITOR in OCT 2009. MIDLAND FUNDING cannot report that the account’s FIRST DATE OF DEFAULT was 42010 when they purchased the account. That’s a violation of under the provisions of FCRA §623(a) (8) (D).MIDLAND funding in their letter state that seven-year Federal Reporting period for the accounts does not expire until April 2017 for account no. [redacted] which is a violation because the First Date of Delinquency is not 4/2010 that MIDLAND is using to report in violation under the provisions of FCRA §623(a)(8)(D).3. The type of account is listed as revolving account. Please remove this incorrect information. MIDLAND is not a creditor and I have never entered an installment account or agreement with the company.4. The account status is shown as “Past Due $ $1,748 past due as of Dec 2014.” Please delete this incorrect information. MIDLAND is not a creditor; you cannot report an account as past due or current.5. The "Recent Balance" MIDLAND has most recently reported as past due as of Dec 2014. and listed this account as 120 days past due. Please remove this incorrect information. There is no payment history to report as MIDLAND is not a creditor.6. Terms are listed as 1 month. Please remove this incorrect information. I have no terms or installment agreement with MIDLAND as MIDLAND is not a creditor.7. The Payment status is listed incorrectly as “past due as of Dec 2014’ please remove this incorrect information. I have no terms or installment agreement with MIDLAND as MIDLAND is not a creditor.If this account is not deleted from all credit reporting agencies within 10 days you can expect a lawsuit to be filed against you without further notice, on the following violations:FCRA:§ 616 civil liability for willful noncompliance§ 617 civil liability for negligent noncompliance§ 623 Responsibilities of furnishers of information to consumer reporting agenciesFailure to perform a reasonable reinvestigationFDCPA:§ 807 False or misleading representations§ 808 Unfair practices§ 809 Validation of debts 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.
As per our recent conversation, attached you will find the documents mentioned in the formal complaint. According to Midland Funding, LLC.'s documentation, the account has exceeded the maximum reporting time (seven years), yet they somehow continue to illegally report this trade-line to credit bureaus. Thank you for your assistance.
Sincerely,
[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.
From: [redacted]
Date: Thu, Sep 11, 2014 at 3:14 PM
Subject: Re: You have a new message from the Revdex.com
To: [redacted]
I, [redacted] did not receive anything from Midland Company...Here in my neck of the hood....mail always placed in another tenant mail box...When mail don't belongs to them...they throw it on the floor...when the janitor comes to clean all paper on the floor...he throwing everything in the garbage....Midland should have send their verification through Revdex.com so we both would have saw what was sent....Any information from this point be seen through Revdex.com before mailed...Also, In order to collect a debt legally, Midland must prove it has the right to collect from me. To do this, Midland must show an unbroken, valid chain of assignment back to the original creditor.
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.There is no evidence of Midland responding to any request for validation. I am respectfully requesting that Midland delete the account and cease reporting to the bureaus. I am making every effort to resolve this matter without presenting this case in a courtroom before a jury. Regards,[redacted]
Thank you for your letter inquiry dated July 30, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on September 4, 2013. Information provided by the seller, Asset Acceptance, LLC, at the time of acquisition indicates this account was originated on February 19, 2008 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 10, 2009. The balance at the time of purchase was $703.16.
Mr. [redacted] writes that Midland Credit told him it is illegal to delete the account from his consumer credit files according to the Fair Credit reporting Act (“FCRA”), and expresses concern that the statement is in violation of the FCRA. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Please note that the alleged conduct described by Mr. [redacted] has been investigated, and Midland Credit has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable law.
Mr. [redacted] also expresses a desire to have the above-referenced account deleted from his consumer credit files upon resolving the balance. Please note that it is Midland Credit’s policy to report all accounts accurately. Should Mr. [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should Mr. [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “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]
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 12, 2015. Midland Credit appreciates the opportunity to answer your questions.
Mr. [redacted] filed a similar complaint...
through the [redacted] (“[redacted]”). A copy of Midland Credit’s response to the [redacted] is enclosed. A review of Midland Credit’s business records indicates that Mr. [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by his attorney. If Mr. [redacted] is no longer represented by an attorney, Midland Credit requests that he provide written notice so Midland Credit may update its records and allow its representatives to communicate with him directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding [redacted] (“Midland Funding”), on September 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 13, 2002, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 21, 2009. The balance at the time of purchase was $1,158.37.
Mr. [redacted] writes that Midland Credit is reporting this account on his credit report and has refused to verify the debt. On October 7, 2011, Midland Credit mailed Mr. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and informed him of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from Mr. [redacted] in response to the initial validation letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Midland Credit received the first written correspondence requesting validation from Mr. [redacted] on September 4, 2013. While this request was untimely, Midland Credit responded on or about September 18, 2013. Midland Credit’s response included verification information from the seller, and indicated that Midland Credit was unable to determine the nature of his dispute. The letter also stated that if he still believes the account information to be inaccurate, Midland Credit would require a written explanation along with documentation supporting this explanation. Midland Credit did not receive any further written documentation from Mr. [redacted] until receipt of both the [redacted] complaint and this complaint. Midland Credit did, however, receive several notices of possible dispute from the credit reporting agencies. In response, Midland Credit mailed Mr. [redacted] letters requesting further explanation and documentation so that Midland Credit could better understand his dispute. Midland Credit also mailed Mr. [redacted] the requested validation documentation again.
Another copy of the validation documentation is enclosed for Mr. [redacted]’s records. If Mr. [redacted] believes that this account is the product of identity theft or fraud, please have him provide a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. An affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, Mr. [redacted] should complete the form and have the form notarized.
He may also contact Midland Credit online at [redacted], where he can email questions to a [redacted] (“[redacted]”) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a [redacted] specialist, who will investigate his question and mail him a response. Or, Mr. [redacted] may forward the documentation to [redacted] using the contact information on this letterhead.
Please note, until such documentation is provided, Midland Credit must respectfully conclude that the debt remains valid, due and owing and is accurately being reported to the three major credit reporting agencies.
In the meantime, per his previous request, this account will remain marked “Cease and Desist.” While it remains due and owing, Mr. [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 9, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An...
investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on April 27, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on May 27, 2005, as
a [redacted] account
number ending in [redacted] in the name of [redacted] [redacted] under the last four of
the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 31, 2010. The balance at the time of purchase was $1,428.71.
[redacted] states he is unaware of any purchase through the original
creditor. Midland Credit sent [redacted] a validation letter on May 1, 2010.
In the letter, Midland Credit informed him that Midland Funding had
acquired the account, and provided the required disclosure of rights set forth
in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”). The letter was not
returned as “undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it received the first correspondence
from [redacted] on January 2, 2015. 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.
Based on the information [redacted] provided in his January 2015
correspondence, and pursuant to the [redacted] Finance Code, Midland Credit
responded by sending him a letter on January 16, 2015 advising that Midland
Credit had determined that its credit file and credit reporting of the
above-referenced account was accurate.
[redacted] also writes that the above-referenced account does not belong to
him. If the last four digits of the
social security number provided above do not match the last four digits of [redacted] social security number, please have him contact Consumer Support
Services at [redacted]
Please
note that based on the information provided by the seller, Midland Credit has
determined that its credit file and credit reporting of the above-referenced
account is accurate. Midland Credit will
be closing its investigation of [redacted]’s dispute and will be resuming
regular collection activities as allowed by the [redacted] Finance Code and/or the
Fair Credit Reporting Act.
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 should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Dear [redacted]:
Thank you for your letter inquiry dated September 15, 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 June 28, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 18, 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 September 12, 2007. The balance at the time of purchase was $440.86. Final payment on the account was received on August 26, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that Midland Credit has not honored the payment to settle his account. Midland Credit received a payment of $264.51 on August 26, 2014, which was in accordance with the latest settlement offer for the account. The payment was automatically applied to the account, and a letter confirming receipt of the payment was sent to [redacted]. However, as [redacted] had not contacted Midland Credit directly to settle the account, the letter also advised him of the remaining balance on the account and encouraged him to contact Midland Credit to discuss the account further. Midland Credit has now updated [redacted]’s account to reflect the paid status, and apologizes for the administrative oversight that delayed the updating of the account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Dr. [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry dated November 20, 2014, regarding Dr. [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 July 30, 2012. Information provided by the seller, [redacted] LLC, at the time of acquisition indicates this account was originated on May 31, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted] Ajym, under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 17, 2011. The balance at the time of purchase was $358.85. Final payment on the account was received on October 29, 2012. Dr. [redacted] has no further financial obligation for this account.
Dr. [redacted] expresses a concern that [redacted] added erroneous insurance charges to the account, and that Midland Credit agreed to remove the account from his consumer credit files in exchange for payment resolving the balance. Midland Credit has not received any documentation supporting Dr. [redacted]’s claim, or any indication from the seller that charges on the account were inaccurate. Additionally, while Midland Credit is pleased that it was able to assist Dr. [redacted] in reaching a resolution which settled the balance for the above-referenced account, a review of its business records does not appear to indicate any agreement was made to remove the account from his consumer credit files as part of that resolution.
With that said, in keeping with its Consumer-First policy, Midland Credit will fulfill Dr. [redacted]’s request. While the account will continue to reflect a paid status within Midland Credit’s files, the three major credit reporting agencies have been notified to remove the account from his consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Dr. [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 August 20, 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.
Please note that Midland Credit provided all relevant account identifying information in its previous letter response to your office dated August 14, 2014. In his follow-up, [redacted] questions whether Midland Credit sent the initial validation letters to the correct address, because another address was previously attached to the account. As referenced in Midland Credit’s previous response letter, as part of its normal business practices, Midland Credit relies on consumer information provided by third party vendors to ensure that its consumer records are current. It appears that an address that did not belong to [redacted] was previously provided to Midland Credit. However, that address was previously disabled.
Midland Credit mailed the initial validation letters to [redacted]’s address of [redacted] via the United States Postal Service. The letters were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA. A review of Midland Credit’s business records indicates that the accounts are accurately reporting to the credit reporting agencies.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close accounts no. [redacted] and no. [redacted]. There will be no further collection activity, credit reporting or sale of these accounts. In addition, the three credit-reporting agencies will be notified to delete all reference to the accounts in question from [redacted]’s consumer credit files.
Account no. [redacted] remains due and owing, and will remain assigned to Midland Credit’s Internal Legal collections department (“Internal Legal”). Midland Credit encourages [redacted] to continue to work with Internal Legal to assist in reaching a positive resolution.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received October 7, 2015.
Midland Credit appreciates the opportunity to answer your questions.
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 19, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on July 6, 2011 as a [redacted] account
number ending in [redacted] in the name of [redacted], under the
last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on March 12, 2012. The balance at the time of purchase was $593.24.
[redacted]
expresses a concern that there is a debt with Midland Credit on his credit
report which he did not open. [redacted] also writes that he disputed this
account with the credit bureaus yet it remains on his consumer credit files. On April 23,
2012,
Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as
“undeliverable,” satisfying the notification requirements of the Fair Debt
Collection Practices Act (“FDCPA”). 15
U.S.C. § 1692. 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 the first notice of possible dispute from
the credit reporting agencies on or about August 26, 2015. In response, Midland Credit sent [redacted]
verification information provided by the seller along with a letter requesting he
provide further information if he still believed the account information is
inaccurate.
A
copy of the verification information provided by the seller is enclosed for [redacted] records. Please note that the
verification information provided by the seller meets the requirements of the
FDCPA. The original contract, complete
payment history, and a full set of billing statements are not required under
the FDCPA. Chaudhry v. Gallerizzo,
174 F.3d 394 (4th Cir. 1999).
[redacted] expresses a desire to have the above-referenced account deleted from his
consumer credit files upon resolving the balance. Please note that it is
Midland Credit’s policy to furnish accurate account information. Should
[redacted] pay the full balance, Midland Credit will furnish information for the
account as “Account paid in full, was a collection account.”
Should [redacted] pay less than the full balance, Midland Credit will also notify
the credit reporting agencies to add an additional memo stating “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. A review of Midland Credit’s business records
indicates that the account information it is furnishing to the three major
credit reporting agencies is accurate.
[redacted] advises that the account may have been opened while he was ill by a family
friend who was caring for him. Midland
Credit stands ready to assist [redacted] in clearing his record if he has been a
victim of identity theft or fraud. If
such is in fact the case, Midland Credit respectfully requests that [redacted]
provide it with a copy of either a police report or affidavit of fraud showing
that he reported the fraudulent activity.
Please note that an affidavit of fraud can be found at
[redacted] If submitting an affidavit of fraud, [redacted]
should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where he can email questions to a Consumer Support
Services (CSS) specialist, find the answers to frequently asked questions, and
upload documents to support his request. Uploaded documents are
automatically sent to a CSS specialist, who will investigate the consumer’s
question and mail back a response. Or
[redacted] may forward appropriate documentation to CSS using the contact
information on this letterhead.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
I cannot confirm as I can no longer access those records. However, I have only had one collections account for which [redacted] was the original creditor. In this particular complaint, as mentioned, I have referred directly to [redacted]'s original documentation from past credit reports. They are no...
longer reporting it on any of my credit reports, as the Date of First Delinquency/Date of Last Activity are listed as December 2007.Thank you.
[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 June 17, 2016. [redacted] subsequently submitted an additional message which was received by Midland Credit on June 21, 2016, wherein she expresses similar concerns. This letter will serve to address both inquiries. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 24, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 31, 2012, as a [redacted] 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 October 14, 2015. The balance at the time of purchase was $3,448.88.
[redacted] states that Midland Credit agreed to remove the above-referenced account from all three credit bureaus once the debt was settled as agreed. However, a review of Midland Credit’s business records do not indicate that Midland Credit advised [redacted] the account would be removed from her credit report once the account balance had been settled.
Midland Credit received final payment for the above-referenced account on June 17, 2016. Please note, the account is currently in the process of being updated as paid in Midland Credit’s records. Once the account has been updated, Midland Credit will furnish information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your follow up
letter
inquiry dated October 17, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Ms.
[redacted] previously filed similar complaints through the Consumer Financial
Protection Bureau (“CFPB”). Copies of
Midland Credit’s responses to the CFPB are enclosed. A review of Midland Credit’s business records
indicates that Ms. [redacted] has retained an attorney. Going forward, all
communication about the matter should be handled by her attorney. If Ms.
[redacted] is no longer represented by an attorney, please provide Midland Credit
with written notice so it may update its records and allow its representatives
to communicate with Ms. [redacted] directly.
An investigation of this
matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on October 25, 2010.
Information provided by the seller, HSBC Bank Nevada, N.A., at the time
of acquisition indicates this account was originated on September 15, 2007 as
an HSBC Bank Nevada, N.A./Best Buy MasterCard account number ending in [redacted], in
the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt
on September 30, 2010. The balance at the time of purchase was $1,046.45.
Ms. [redacted] questions the validity of the bill of
sale, stating that it has an address that she did not have when she had the
HSBC account. In its previous response
through your office, Midland Credit enclosed both a bill of sale and a copy of
the seller data sheet confirming the account was included in the purchase from
HSBC Bank Nevada, N.A. The seller data sheet is generated by Midland Credit
based on information provided by the seller, including the last known address
the seller had prior to its sale of the account to Midland Funding.
Additionally, Ms. [redacted]
writes that she enclosed documents showing the original tradeline on her credit
report showing the charge-off date listed as August 11, 2008, and that the
account is paid in full. Midland Credit
did not receive any documentation attached to the complaint. HSBC, as the original creditor, may be
reporting the account. HSBC’s decision to report the account does not
affect the validity of the debt. If Ms.
[redacted] has concerns regarding the information being reported by the original
creditor, she may dispute it directly with the credit reporting agencies.
Additionally, as referenced
above, the date of charge-off is September 20, 2010. Additionally, Midland Credit has consistently
reported the first delinquency date as March 11, 2010, and continues to
accurately report the above-referenced account to the three major credit
reporting agencies. While Midland Credit
is sensitive to Ms. [redacted]’s concerns, 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.
With that said, Midland
Credit stands ready to assist Ms. [redacted] in clearing her record if it is
somehow attempting to collect an account which was resolved prior to it
becoming the servicer. Midland Credit
requests that she provide documentation or evidence which substantiates her
claim. Ms. [redacted] may forward the
appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, the
above-referenced account will remain marked “Cease and Desist.” While it remains
due and owing, Ms. [redacted] will continue to no longer receive contact from
Midland Credit representatives unless a response is required by law.
Please
be assured that Midland Credit is a reputable firm, and that it is a member of
the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted]. Thank you again for your assistance in this
matter. Please contact Midland Credit’s Consumer Support Services team at
(800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Enclosure
August 19, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated August 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 31, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 19, 2010 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 August 9, 2011. The balance at the time of purchase was $287.95.
[redacted] expresses a concern that his validation requests have been ignored. On March 15, 2013, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on July 14, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. A review of Midland Credit’s business records indicates that it was accurately reporting the above-referenced account to the three major credit reporting agencies.
While Midland Credit has acted in a timely manner and has complied with all applicable laws, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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 April 22, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter...
indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts.
A review of Midland Credit’s business records indicates a phone call was received on April 14, 2015, presumably from [redacted]. The caller advised that he was receiving calls from Midland Credit. Upon receiving the phone call, the Midland Credit representative marked [redacted]’s phone number, [redacted] as “Do Not Call” on the referenced accounts. Subsequent calls were received from [redacted] on April 20, 2015 and April 22, 2015 advising of the same issue. To further ensure he was not receiving calls at the phone number he had provided, it was added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
Please note, while the phone numbers listed in [redacted]’s complaint belong to Midland Credit, a review of Midland Credit’s business appears to indicate that no calls have been attempted to the phone number provided by [redacted] since March 8, 2011.
However, as [redacted] believes Midland Credit is the source of the calls he is receiving, it respectfully requests that he provide any additional phone numbers Midland Credit representatives may have called, or that may be forwarding calls to his phone. Midland Credit is sensitive to his concerns and should additional information be provided, will conduct further investigation and will continue to stand ready to assist in resolving [redacted]’s concerns.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this...
matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to [redacted]. During a search for the correct consumer, [redacted] address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted] address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure [redacted] that she will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
October 13, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted] ...
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted]'s complaint indicates that she has consulted with an attorney. Going forward, all communication about the matter should be handled by her attorney. Please note that Midland Credit has not received any notification that she has retained an attorney, and respectfully requests that she provide the documentation showing that an attorney has been retained so that Midland Credit may update the account accordingly with her attorney's information. If [redacted] has not retained an attorney, Midland Credit respectfully requests that she provide it with written notice so that it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 27, 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, 7, 2009. The balance at the time of purchase was $1,076.27.
[redacted] expresses a concern that her validation requests have been ignored. On January 2, 2010, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it received notification from the credit reporting agencies on July 18, 2014 of a possible dispute. Although the request was not timely, verification information provided by the seller was mailed on August 13, 2014 to [redacted] in response to her dispute. Another copy of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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.
The accuracy of information you have reported to my credit file and in your response to Revdex.com and CFPB is challenged .MIDLAND funding in their response are blatantly providing false information they claim to have sent me letters but I Never received any communication in writing from MIDLAND FUNDING. That is false and not accurate because they have never verified this debt to me and they NEVER sent any of the letters that they claim to have sent.-My address in file has not changed.I am maintaining a careful record of my communications with you on this matter, for the purpose of filing a complaint with the FTC and the Attorney General of [redacted] should you continue in your non-compliance.In compliance with FCRA §623(a) (8) (D), and enacting regulations published at 16 CFR § 660.4, this Notice of Direct dispute includes the following Identification of the specific information being disputed:MIDLAND Funding as shown on my [redacted] and [redacted] Credit Report accounts [redacted] and [redacted] are showing incorrect information.Basis for the dispute:1. ACCOUNT [redacted] is Reporting Date of First Delinquency as 5/2010 with [redacted] and that information should be 08/2009. The fact that you bought the Debt in May 2010 Does not change the original Date of first Default with the original creditor [redacted].Your claim that its first date of default was when you bought it which is in VIOLATION under the provisions of FCRA §623(a)(8)(D).Also, the account was charged off By ORIGINAL CREDITOR in December 2008. MIDLAND FUNDING cannot report that the account’s FIRST DATE OF DEFAULT was 5/2010 when they purchased the account and thatMIDLAND funding in their letter state that seven-year Federal Reporting period for the accounts does not expire until May 2017 for account no. [redacted] which is a violation because the First Date of Delinquency is not 5/2010 that MIDLAND is using to report in violation under the provisions of FCRA §623(a)(8)(D).2. ACCOUNT [redacted] is Reporting Date of First Delinquency as 04/2010 with [redacted] and That information should be 10/2008 The fact that you bought the Debt in APRIL 2010 Does not change the original Date of first Default with the original creditor [redacted].Your claim that its first date of default was when you bought it which is in VIOLATION OF under the provisions of FCRA §623(a) (8) (D), of the accuracy of information you have reported to my credit file.Also, the account was charged off by the ORIGINAL CREDITOR in OCT 2009. MIDLAND FUNDING cannot report that the account’s FIRST DATE OF DEFAULT was 42010 when they purchased the account. That’s a violation of under the provisions of FCRA §623(a) (8) (D).MIDLAND funding in their letter state that seven-year Federal Reporting period for the accounts does not expire until April 2017 for account no. [redacted] which is a violation because the First Date of Delinquency is not 4/2010 that MIDLAND is using to report in violation under the provisions of FCRA §623(a)(8)(D).3. The type of account is listed as revolving account. Please remove this incorrect information. MIDLAND is not a creditor and I have never entered an installment account or agreement with the company.4. The account status is shown as “Past Due $ $1,748 past due as of Dec 2014.” Please delete this incorrect information. MIDLAND is not a creditor; you cannot report an account as past due or current.5. The "Recent Balance" MIDLAND has most recently reported as past due as of Dec 2014. and listed this account as 120 days past due. Please remove this incorrect information. There is no payment history to report as MIDLAND is not a creditor.6. Terms are listed as 1 month. Please remove this incorrect information. I have no terms or installment agreement with MIDLAND as MIDLAND is not a creditor.7. The Payment status is listed incorrectly as “past due as of Dec 2014’ please remove this incorrect information. I have no terms or installment agreement with MIDLAND as MIDLAND is not a creditor.If this account is not deleted from all credit reporting agencies within 10 days you can expect a lawsuit to be filed against you without further notice, on the following violations:FCRA:§ 616 civil liability for willful noncompliance§ 617 civil liability for negligent noncompliance§ 623 Responsibilities of furnishers of information to consumer reporting agenciesFailure to perform a reasonable reinvestigationFDCPA:§ 807 False or misleading representations§ 808 Unfair practices§ 809 Validation of debts 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.
As per our recent conversation, attached you will find the documents mentioned in the formal complaint. According to Midland Funding, LLC.'s documentation, the account has exceeded the maximum reporting time (seven years), yet they somehow continue to illegally report this trade-line to credit bureaus. Thank you for your assistance.
Sincerely,
[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.
From: [redacted]
Date: Thu, Sep 11, 2014 at 3:14 PM
Subject: Re: You have a new message from the Revdex.com
To: [redacted]
I, [redacted] did not receive anything from Midland Company...Here in my neck of the hood....mail always placed in another tenant mail box...When mail don't belongs to them...they throw it on the floor...when the janitor comes to clean all paper on the floor...he throwing everything in the garbage....Midland should have send their verification through Revdex.com so we both would have saw what was sent....Any information from this point be seen through Revdex.com before mailed...Also, In order to collect a debt legally, Midland must prove it has the right to collect from me. To do this, Midland must show an unbroken, valid chain of assignment back to the original creditor.
Thanks
[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.There is no evidence of Midland responding to any request for validation. I am respectfully requesting that Midland delete the account and cease reporting to the bureaus. I am making every effort to resolve this matter without presenting this case in a courtroom before a jury. Regards,[redacted]
Thank you for your letter inquiry dated July 30, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on September 4, 2013. Information provided by the seller, Asset Acceptance, LLC, at the time of acquisition indicates this account was originated on February 19, 2008 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 10, 2009. The balance at the time of purchase was $703.16.
Mr. [redacted] writes that Midland Credit told him it is illegal to delete the account from his consumer credit files according to the Fair Credit reporting Act (“FCRA”), and expresses concern that the statement is in violation of the FCRA. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Please note that the alleged conduct described by Mr. [redacted] has been investigated, and Midland Credit has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable law.
Mr. [redacted] also expresses a desire to have the above-referenced account deleted from his consumer credit files upon resolving the balance. Please note that it is Midland Credit’s policy to report all accounts accurately. Should Mr. [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should Mr. [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “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 Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 12, 2015. Midland Credit appreciates the opportunity to answer your questions.
Mr. [redacted] filed a similar complaint...
through the [redacted] (“[redacted]”). A copy of Midland Credit’s response to the [redacted] is enclosed. A review of Midland Credit’s business records indicates that Mr. [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by his attorney. If Mr. [redacted] is no longer represented by an attorney, Midland Credit requests that he provide written notice so Midland Credit may update its records and allow its representatives to communicate with him directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding [redacted] (“Midland Funding”), on September 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 13, 2002, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 21, 2009. The balance at the time of purchase was $1,158.37.
Mr. [redacted] writes that Midland Credit is reporting this account on his credit report and has refused to verify the debt. On October 7, 2011, Midland Credit mailed Mr. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and informed him of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from Mr. [redacted] in response to the initial validation letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Midland Credit received the first written correspondence requesting validation from Mr. [redacted] on September 4, 2013. While this request was untimely, Midland Credit responded on or about September 18, 2013. Midland Credit’s response included verification information from the seller, and indicated that Midland Credit was unable to determine the nature of his dispute. The letter also stated that if he still believes the account information to be inaccurate, Midland Credit would require a written explanation along with documentation supporting this explanation. Midland Credit did not receive any further written documentation from Mr. [redacted] until receipt of both the [redacted] complaint and this complaint. Midland Credit did, however, receive several notices of possible dispute from the credit reporting agencies. In response, Midland Credit mailed Mr. [redacted] letters requesting further explanation and documentation so that Midland Credit could better understand his dispute. Midland Credit also mailed Mr. [redacted] the requested validation documentation again.
Another copy of the validation documentation is enclosed for Mr. [redacted]’s records. If Mr. [redacted] believes that this account is the product of identity theft or fraud, please have him provide a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. An affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, Mr. [redacted] should complete the form and have the form notarized.
He may also contact Midland Credit online at [redacted], where he can email questions to a [redacted] (“[redacted]”) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a [redacted] specialist, who will investigate his question and mail him a response. Or, Mr. [redacted] may forward the documentation to [redacted] using the contact information on this letterhead.
Please note, until such documentation is provided, Midland Credit must respectfully conclude that the debt remains valid, due and owing and is accurately being reported to the three major credit reporting agencies.
In the meantime, per his previous request, this account will remain marked “Cease and Desist.” While it remains due and owing, Mr. [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 9, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An...
investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on April 27, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on May 27, 2005, as
a [redacted] account
number ending in [redacted] in the name of [redacted] [redacted] under the last four of
the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 31, 2010. The balance at the time of purchase was $1,428.71.
[redacted] states he is unaware of any purchase through the original
creditor. Midland Credit sent [redacted] a validation letter on May 1, 2010.
In the letter, Midland Credit informed him that Midland Funding had
acquired the account, and provided the required disclosure of rights set forth
in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”). The letter was not
returned as “undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it received the first correspondence
from [redacted] on January 2, 2015. 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.
Based on the information [redacted] provided in his January 2015
correspondence, and pursuant to the [redacted] Finance Code, Midland Credit
responded by sending him a letter on January 16, 2015 advising that Midland
Credit had determined that its credit file and credit reporting of the
above-referenced account was accurate.
[redacted] also writes that the above-referenced account does not belong to
him. If the last four digits of the
social security number provided above do not match the last four digits of [redacted] social security number, please have him contact Consumer Support
Services at [redacted]
Please
note that based on the information provided by the seller, Midland Credit has
determined that its credit file and credit reporting of the above-referenced
account is accurate. Midland Credit will
be closing its investigation of [redacted]’s dispute and will be resuming
regular collection activities as allowed by the [redacted] Finance Code and/or the
Fair Credit Reporting Act.
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 should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated September 15, 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 June 28, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 18, 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 September 12, 2007. The balance at the time of purchase was $440.86. Final payment on the account was received on August 26, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that Midland Credit has not honored the payment to settle his account. Midland Credit received a payment of $264.51 on August 26, 2014, which was in accordance with the latest settlement offer for the account. The payment was automatically applied to the account, and a letter confirming receipt of the payment was sent to [redacted]. However, as [redacted] had not contacted Midland Credit directly to settle the account, the letter also advised him of the remaining balance on the account and encouraged him to contact Midland Credit to discuss the account further. Midland Credit has now updated [redacted]’s account to reflect the paid status, and apologizes for the administrative oversight that delayed the updating of the account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
December 4, 2014
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Dr. [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry dated November 20, 2014, regarding Dr. [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 July 30, 2012. Information provided by the seller, [redacted] LLC, at the time of acquisition indicates this account was originated on May 31, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted] Ajym, under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 17, 2011. The balance at the time of purchase was $358.85. Final payment on the account was received on October 29, 2012. Dr. [redacted] has no further financial obligation for this account.
Dr. [redacted] expresses a concern that [redacted] added erroneous insurance charges to the account, and that Midland Credit agreed to remove the account from his consumer credit files in exchange for payment resolving the balance. Midland Credit has not received any documentation supporting Dr. [redacted]’s claim, or any indication from the seller that charges on the account were inaccurate. Additionally, while Midland Credit is pleased that it was able to assist Dr. [redacted] in reaching a resolution which settled the balance for the above-referenced account, a review of its business records does not appear to indicate any agreement was made to remove the account from his consumer credit files as part of that resolution.
With that said, in keeping with its Consumer-First policy, Midland Credit will fulfill Dr. [redacted]’s request. While the account will continue to reflect a paid status within Midland Credit’s files, the three major credit reporting agencies have been notified to remove the account from his consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Dr. [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 August 20, 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.
Please note that Midland Credit provided all relevant account identifying information in its previous letter response to your office dated August 14, 2014. In his follow-up, [redacted] questions whether Midland Credit sent the initial validation letters to the correct address, because another address was previously attached to the account. As referenced in Midland Credit’s previous response letter, as part of its normal business practices, Midland Credit relies on consumer information provided by third party vendors to ensure that its consumer records are current. It appears that an address that did not belong to [redacted] was previously provided to Midland Credit. However, that address was previously disabled.
Midland Credit mailed the initial validation letters to [redacted]’s address of [redacted] via the United States Postal Service. The letters were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA. A review of Midland Credit’s business records indicates that the accounts are accurately reporting to the credit reporting agencies.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close accounts no. [redacted] and no. [redacted]. There will be no further collection activity, credit reporting or sale of these accounts. In addition, the three credit-reporting agencies will be notified to delete all reference to the accounts in question from [redacted]’s consumer credit files.
Account no. [redacted] remains due and owing, and will remain assigned to Midland Credit’s Internal Legal collections department (“Internal Legal”). Midland Credit encourages [redacted] to continue to work with Internal Legal to assist in reaching a positive resolution.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received October 7, 2015.
Midland Credit appreciates the opportunity to answer your questions.
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 19, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on July 6, 2011 as a [redacted] account
number ending in [redacted] in the name of [redacted], under the
last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on March 12, 2012. The balance at the time of purchase was $593.24.
[redacted]
expresses a concern that there is a debt with Midland Credit on his credit
report which he did not open. [redacted] also writes that he disputed this
account with the credit bureaus yet it remains on his consumer credit files. On April 23,
2012,
Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as
“undeliverable,” satisfying the notification requirements of the Fair Debt
Collection Practices Act (“FDCPA”). 15
U.S.C. § 1692. 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 the first notice of possible dispute from
the credit reporting agencies on or about August 26, 2015. In response, Midland Credit sent [redacted]
verification information provided by the seller along with a letter requesting he
provide further information if he still believed the account information is
inaccurate.
A
copy of the verification information provided by the seller is enclosed for [redacted] records. Please note that the
verification information provided by the seller meets the requirements of the
FDCPA. The original contract, complete
payment history, and a full set of billing statements are not required under
the FDCPA. Chaudhry v. Gallerizzo,
174 F.3d 394 (4th Cir. 1999).
[redacted] expresses a desire to have the above-referenced account deleted from his
consumer credit files upon resolving the balance. Please note that it is
Midland Credit’s policy to furnish accurate account information. Should
[redacted] pay the full balance, Midland Credit will furnish information for the
account as “Account paid in full, was a collection account.”
Should [redacted] pay less than the full balance, Midland Credit will also notify
the credit reporting agencies to add an additional memo stating “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. A review of Midland Credit’s business records
indicates that the account information it is furnishing to the three major
credit reporting agencies is accurate.
[redacted] advises that the account may have been opened while he was ill by a family
friend who was caring for him. Midland
Credit stands ready to assist [redacted] in clearing his record if he has been a
victim of identity theft or fraud. If
such is in fact the case, Midland Credit respectfully requests that [redacted]
provide it with a copy of either a police report or affidavit of fraud showing
that he reported the fraudulent activity.
Please note that an affidavit of fraud can be found at
[redacted] If submitting an affidavit of fraud, [redacted]
should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where he can email questions to a Consumer Support
Services (CSS) specialist, find the answers to frequently asked questions, and
upload documents to support his request. Uploaded documents are
automatically sent to a CSS specialist, who will investigate the consumer’s
question and mail back a response. Or
[redacted] may forward appropriate documentation to CSS using the contact
information on this letterhead.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
I cannot confirm as I can no longer access those records. However, I have only had one collections account for which [redacted] was the original creditor. In this particular complaint, as mentioned, I have referred directly to [redacted]'s original documentation from past credit reports. They are no...
longer reporting it on any of my credit reports, as the Date of First Delinquency/Date of Last Activity are listed as December 2007.Thank you.
June 27, 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 June 17, 2016. [redacted] subsequently submitted an additional message which was received by Midland Credit on June 21, 2016, wherein she expresses similar concerns. This letter will serve to address both inquiries. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 24, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 31, 2012, as a [redacted] 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 October 14, 2015. The balance at the time of purchase was $3,448.88.
[redacted] states that Midland Credit agreed to remove the above-referenced account from all three credit bureaus once the debt was settled as agreed. However, a review of Midland Credit’s business records do not indicate that Midland Credit advised [redacted] the account would be removed from her credit report once the account balance had been settled.
Midland Credit received final payment for the above-referenced account on June 17, 2016. Please note, the account is currently in the process of being updated as paid in Midland Credit’s records. Once the account has been updated, Midland Credit will furnish information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your follow up
letter
inquiry dated October 17, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Ms.
[redacted] previously filed similar complaints through the Consumer Financial
Protection Bureau (“CFPB”). Copies of
Midland Credit’s responses to the CFPB are enclosed. A review of Midland Credit’s business records
indicates that Ms. [redacted] has retained an attorney. Going forward, all
communication about the matter should be handled by her attorney. If Ms.
[redacted] is no longer represented by an attorney, please provide Midland Credit
with written notice so it may update its records and allow its representatives
to communicate with Ms. [redacted] directly.
An investigation of this
matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on October 25, 2010.
Information provided by the seller, HSBC Bank Nevada, N.A., at the time
of acquisition indicates this account was originated on September 15, 2007 as
an HSBC Bank Nevada, N.A./Best Buy MasterCard account number ending in [redacted], in
the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt
on September 30, 2010. The balance at the time of purchase was $1,046.45.
Ms. [redacted] questions the validity of the bill of
sale, stating that it has an address that she did not have when she had the
HSBC account. In its previous response
through your office, Midland Credit enclosed both a bill of sale and a copy of
the seller data sheet confirming the account was included in the purchase from
HSBC Bank Nevada, N.A. The seller data sheet is generated by Midland Credit
based on information provided by the seller, including the last known address
the seller had prior to its sale of the account to Midland Funding.
Additionally, Ms. [redacted]
writes that she enclosed documents showing the original tradeline on her credit
report showing the charge-off date listed as August 11, 2008, and that the
account is paid in full. Midland Credit
did not receive any documentation attached to the complaint. HSBC, as the original creditor, may be
reporting the account. HSBC’s decision to report the account does not
affect the validity of the debt. If Ms.
[redacted] has concerns regarding the information being reported by the original
creditor, she may dispute it directly with the credit reporting agencies.
Additionally, as referenced
above, the date of charge-off is September 20, 2010. Additionally, Midland Credit has consistently
reported the first delinquency date as March 11, 2010, and continues to
accurately report the above-referenced account to the three major credit
reporting agencies. While Midland Credit
is sensitive to Ms. [redacted]’s concerns, 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.
With that said, Midland
Credit stands ready to assist Ms. [redacted] in clearing her record if it is
somehow attempting to collect an account which was resolved prior to it
becoming the servicer. Midland Credit
requests that she provide documentation or evidence which substantiates her
claim. Ms. [redacted] may forward the
appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, the
above-referenced account will remain marked “Cease and Desist.” While it remains
due and owing, Ms. [redacted] will continue to no longer receive contact from
Midland Credit representatives unless a response is required by law.
Please
be assured that Midland Credit is a reputable firm, and that it is a member of
the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Ms. [redacted]. Thank you again for your assistance in this
matter. Please contact Midland Credit’s Consumer Support Services team at
(800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Enclosure
August 19, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated August 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 31, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 19, 2010 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 August 9, 2011. The balance at the time of purchase was $287.95.
[redacted] expresses a concern that his validation requests have been ignored. On March 15, 2013, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on July 14, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. A review of Midland Credit’s business records indicates that it was accurately reporting the above-referenced account to the three major credit reporting agencies.
While Midland Credit has acted in a timely manner and has complied with all applicable laws, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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]