Thank you for your letter inquiry
regarding Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 22, 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 May 17, 2015.
Information provided by the seller, Citibank, N.A., at the time of
acquisition indicates this account was originated on June 1, 1996 as a [redacted] account
number ending in [redacted], in the name of [redacted],
under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 27, 2015. The balance at the time of purchase was $17,874.25.
Mr.
[redacted] expresses a concern that Midland Credit mailed a statement to him that
demanded money and violated the Fair Debt Collection Practices Act (“FDCPA”). In order to provide him with the required
disclosure of rights set forth in the FDCPA, 15 U.S.C. § 1692, on March 31,
2015, Midland Credit mailed Mr. [redacted] the initial validation letter, advising
him of the role of Midland Credit as the servicer of the account. Midland Credit must therefore respectfully
decline Mr. [redacted]’ request for monetary compensation. However, in keeping with its Consumer-First
policy, Midland Credit has made the business decision to close the
account. There will be no further
collection activity or sale of this account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) [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
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter...
indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 17, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 1, 2011. The balance at the time of purchase was $498.44. Final payment on the account was received on May 10, 2012. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 9, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 10, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 12, 2011. The balance at the time of purchase was $776.05.
As indicated above, after [redacted] had resolved the balance for account no. [redacted], Midland Funding subsequently purchased a separate account from [redacted] and assigned it to Midland Credit for servicing. It appears that attempts to collect on the second account may be the basis for his concerns.
[redacted] also expresses a concern that Midland Credit representatives have contacted him excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
If [redacted] is ready to resolve account no. [redacted], [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as resolve the account balance.
In the meantime, per [redacted]'s concerns about receiving calls and letters from Midland Credit, account no. [redacted] has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
VIA E-Mail
[redacted]
[redacted]
[redacted]
[redacted]
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 18, 2017. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Midland Credit has no record of her attorney’s contact information. Please have Ms. [redacted] provide her attorney’s information, if applicable, so that we may contact her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that Ms. [redacted] is not or is no longer working with legal counsel and will mark his account accordingly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 27, 2016. Information provided by the seller, [redacted] Bank, at the time of acquisition indicates this account was originated on January 25, 2015, as a [redacted] Bank/Amazon credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number 2802. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 25, 2016. The balance at the time of purchase was $990.71.
A review of Midland Credit’s business records indicates that on June 22, 2016, this account was placed with [redacted] [redacted] (“ACF”) for servicing, but was placed back to Midland Credit on August 16, 2016 after ACF received a verbal dispute from Ms. [redacted].
In response to Ms. [redacted]’s dispute, Midland Credit mailed her verification information provided by the seller on August 19, 2016, along with a letter advising her that Midland Credit had investigated her dispute and had determined that it’s records and the information it was furnishing to the credit reporting agencies was accurate. Although verification information provided by the seller was already mailed to Ms. [redacted] in response to her previous dispute, a copy of that documentation is again enclosed for her records.
In the complaint, Ms. [redacted] alleges that she contacted [redacted] multiple times in 2014 to notify them that she had never received the merchandise for which she was billed. As mentioned above, this account wasn’t opened until January 25, 2015, which is after her alleged contact with [redacted].
Midland Credit contacted the seller and confirmed that Ms. [redacted] disputed the account for fraud on April 20, 2016, through the credit reporting agencies, but she never responded to the sellers request for further information to substantiate her claim. Additionally, the seller has no record of receiving a complaint from Ms. [redacted] indicating that she did not receive the merchandise for which she was billed.
Ms. [redacted] states that Midland Credit has no right to bill her or furnish information to her credit report. Consumers are sometimes unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser, Midland Funding, has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding. 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.
Ms. [redacted] mentions that when she spoke with Midland Credit representatives she had requested that no calls be made to her work place. On July 12, 2016, per her request, Ms. [redacted]’s work phone number was marked as “Do Not Call” by the representative she spoke with that day. No calls were subsequently placed to that phone number. Please note that the alleged conduct described by Ms. [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate m[redacted]er.
If Ms. [redacted] is ready to resolve the above-referenced debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Account Manager [redacted] at [redacted] ext. [redacted] to assist her in reaching a resolution of the account balance.
The above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Ms. [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 21, 2015. Midland Credit appreciates the opportunity to answer your questions. [redacted] filed a...
similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 16, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 22, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 28, 2011. The balance at the time of purchase was $548.04.
[redacted] questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
[redacted] expresses a concern that their validation requests have been ignored. On November 24, 2011, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within their complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [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 September 22, 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.
As referenced above, Midland Credit received [redacted]’s correspondence on September 22, 2014. Although the request was not timely, verification information provided by the seller was mailed to [redacted] in response to their dispute. A copy of the verification information provided by the seller is enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
If [redacted] is ready to resolve this debt, they may qualify for a reduction in their account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to help resolve this account balance.
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.
Per [redacted]’s previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
December 4, 2015
VIA E-Mail
*
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 20, 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 December 20, 2010. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 31, 2002, 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 30, 2010. The balance at the time of purchase was $3,983.48. A review of Midland Credit’s business records indicates that on June 15, 2014, this account was assigned to [redacted]
A review of Midland Credit’s business records indicates that [redacted] has retained [redacted] advised a letter was received on October 16, 2015 from [redacted] allowing [redacted] representatives to speak directly to [redacted]
[redacted] expresses a concern that he has made three attempts to have the dispute removed from his credit report. [redacted] advised that on September 24, 2015, [redacted] called the firm to state he was no longer disputing the debt. The firm advised [redacted] that because he is represented by an attorney, communication must go through his attorney. [redacted] further advised that a call was received from [redacted] on October 22, 2015, after [redacted] letter allowing direct communication with [redacted], in which [redacted] offered to resolve the account for $1,000.00 and requested the account be removed from his credit report. Please note that Midland Credit furnishes account information to the credit reporting agencies and, accordingly, the [redacted] representative advised [redacted] that the firm does not report to the credit reporting agencies.
With that said, a review of Midland Credit’s business records indicates that on November 13, 2015, it received a fax from [redacted] requesting the disputed status of his account be removed. Upon receipt of the fax, Midland Credit appropriately updated its records to reflect that the account is no longer disputed and an update was sent to the three major credit reporting agencies on November 19, 2015. Per [redacted] concerns, another update has been sent to the credit reporting agencies. Copies of the Universal Data Form for both updates are enclosed for [redacted] records. The XR code in the account information section is the code which tells the credit reporting agencies that the previous dispute should be removed. Please note, it may take 30-60 days for the status of the account to be reflected with the credit reporting agencies.
Midland Credit encourages [redacted] or his attorney to work with [redacted] to assist in reaching a positive resolution. [redacted] or his attorney may reach [redacted]. Their phone number is [redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
Thank you for your letter inquiry dated July 17, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to Ms. [redacted]’s. During a search for the correct consumer, Ms. [redacted]’s phone number and address were 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.
Ms. [redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account, and her address marked “Do Not Mail.” Ms. [redacted] will no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, Ms. [redacted]’s telephone number [redacted] has been added to an exclusion list to prevent it from being called in the future.
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 our 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 [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 30, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit became the servicer of account number [redacted] on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 23, 2007, as a [redacted] credit account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 13, 2014. The balance at the time of purchase was $308.48. Final payment for the account was received on March 16, 2016. [redacted] has no further financial obligation for account no. [redacted].
Midland Credit became the servicer of account number [redacted] on behalf of purchaser, Midland Funding, on December 17, 2015. Information provided by the seller, [redacted]. (“[redacted]”), at the time of acquisition indicates this account was originated on September 3, 2010, as a [redacted] 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 May 29, 2013. The balance at the time of purchase was $197.79.
[redacted] states that she was working with a debt consolidation program to resolve the balances for the above-referenced accounts. She expresses a concern that she was given wrong balance information for account number [redacted], and believes that Midland Credit has charged interest on the account.
Regarding account number [redacted], a review of Midland Credit’s business records indicates that the account was charged-off with a balance of $574.15. Additional payments to [redacted] after the charge-off date resulted in a balance at the time of purchase of $197.97. Midland Credit received five payments forwarded by [redacted] totaling $103.00, which were made directly to [redacted] between January and May of 2016, resulting in a remaining balance of $94.79.
Please note that Midland Credit management has not charged any interest toward the balances of your accounts. In keeping with its Consumer-First policy, Midland Credit made the business decision to consider the amounts paid satisfactory to resolve the balance for account number [redacted]. [redacted] has no further financial obligation for the above-referenced account.
[redacted] also states that she requests a refund for any interest paid. As noted above, Midland Credit has not charged any interest on account numbers [redacted] or [redacted]. Please note that due to overpayments received on account number [redacted], two refunds were issued in April and May of 2016 for $4.92 and $10.24 respectively. If [redacted] has any documentation or information about any additional refunds due, Midland Credit respectfully requests she submits such information so that Midland Credit may investigate the matter further. In the meantime, [redacted] has no further financial obligation for either account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for any 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.
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 midland has provided no real assistance to my situation I
will have to dwell into this a little further On April 31st 2014 a counselor
at [redacted] community college had called [redacted] Pd to do a wellness check on
me. [redacted] Pd contacted this counselor and stated that I was not at home at
the time of the wellness check a few hours later another counselor had
contacted [redacted] Pd again around 1:30 Pm. [redacted] Pd had me voluntarily committed
to UPC / Urgent
Psychiatric Care Center in [redacted] where I was at for almost eight hours.
This can be verified by both the [redacted] Police Department and the Counseling
office at [redacted] Community College.
My mother, grandmother, and grandfather
have all passed away in the last four years. All 3 of these death records are
public knowledge. In regards to my
injury I sustained a shoulder surgery 6 months before my mother had passed and
was unable to get treatment right away due to her declining health. And during
that time I had developed a rather large labrum tear in my left shoulder in
which I had a nearly 3 hour operation and was in a sling for nearly two months
and five months of physical therapy. I provided the Revdex.com the arthroscopy photo
graphs of the surgery and a photo my left shoulder with the suture scars from
the incisions. Obituaries were also provided for my grandmother and
grandfather. ...⇄ />
In regards
to the attorney who is handling this case. [redacted] has an F rating on the
Revdex.com for each and every complaint filed against them they only respond to obtain information on
the debtor not only that he doesn’t formally respond to complaints online. I
will also provide a copy of the statement he makes for each and every
complaint. There was a car in my drive way blocking me from coming and going it
was a newer model Chevy equinox or trail blazer in which it was silver in
color. A neighbor had also witnessed this car stop at my residence not once but
2 times. Also the law states that no debt collector cannot discuss this debt
with anyone besides the debtor.
A copy
of the court paper work was placed on my door with a blue painters tape. This
violates law as it was in plain view as the mail man or anyone else who came up
to the door could clearly see it as the mail box is located directly next to
the door where the paper work was left. [redacted] did not provide a debt
validation paper or any type of original contract that I may or may have not
signed with the original creditor simply as they did not have it. Midland has
only forward this information to [redacted] not to assist with this complaint
but only to collect more information. I could
have taken this to court but as I stated I do not have the money to even pay a
simple court cost to file an answer with the court.
Not only that I have been
punished by my employer by this. My hours are restricted as opposed to others I did not received a yearly service award and I
cannot purse better job opportunities because of this. I have sought counseling
over this consoled with friends and none of them have ever heard of someone
being sued for a small credit card debt but it has happened to me with this
lawyer. [redacted] did not reach out
to me once prior to taking me to court he never once called. But I did get at least
100 different documents and even a threatening demand letter that I pay up or
they would garnish my wages. This is simply because he does not want to assist
he simply wants to go to court so that he and midland can get a judgment tack
on interest because they know I cannot
pay them a huge lump sum. So they’ll garnish wages and let the interest
increase because the balance on these accounts has nearly doubled. Just alone
they have tacked on nearly 800 for court costs and lawyers’ fees another 120
just to file the garnishment papers.
Not only that even if somehow managed I paid
them they would still not remove any negative information on my credit and I have
even heard from other consumers including the Revdex.com that even after settling that
this lawyer still garnished their wages. The bottom line is that the reason Midland and
[redacted] won’t let me move on with my life is because there making money
off of this. They bought these debts for pennies on the dollar but they want to
collect nearly twice what the original debts are. I have other debts from the
passing of my mother some more significant than others but this collection agency and
lawyer by far are the most aggressive debt collects they refuse to assist
consumers who face extreme hardships, they take people to court who otherwise
do not have the legal knowledge or know how, nor can’t they afford an attorney.
Im tired of midland im tired of them harassing me and what’s worse all they
want is to collect money from and personal information me I do not find this at
all an acceptable response to my complaint.
[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.They are not going to do anything additional about it and are basically saying im lying and it is what it is. I dont agree with this but, will use the information they have provided going forward. Thank you for your help in this matter. It is extremely unfortunate that Midland isnt going to do anything to help me with this matter.
THANK YOU for your help and attention with this matter.
Regards,[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 2, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 30, 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 December 31, 2010. The balance at the time of purchase was $1,099.49.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on April 2, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 3, 2007, as a [redacted] [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $1,067.38.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on May 28, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 26, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the credit card account was charged-off as an unpaid delinquent-debt on June 21, 2009. The balance at the time of purchase was $989.65.
[redacted] writes that Midland Credit has refused to provide evidence that he owes money and requests for validation documentation. Midland Credit sent separate and unique validation letters to [redacted] on April 27, 2012 for account nos. [redacted] and [redacted], and on June 6, 2010 for account no. [redacted]. In the letters, Midland Credit informed [redacted] that Midland Funding had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA.
Midland Credit’s business records indicate that it received the first written correspondence from [redacted] on May 2, 2014 regarding the accounts. 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.” 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 and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] separate and unique response letters on June 4, 2014 advising him Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
[redacted] also writes that writes that Midland Credit has re-aged the debts. While Midland Credit is sensitive to his concern, it does not alter or modify any of the original account information provided by the seller such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on the accounts reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding.
Lastly, [redacted] indicates that the accounts are past their statute of limitations, and requests that Midland Credit remove its tradeline from his consumer credit files. A review of Midland Credit’s business records indicates that the statute of limitations expired on May 5, 2014 for account no. [redacted], on April 4, 2014 for account no. [redacted], and on December 23, 2012 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of the debts. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debts. It only prevents the accounts from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the accounts does not expire until May 2017 for account no. [redacted], April 2017 for account no. [redacted], and December 2015 for account no. [redacted].
Please note that based on the information provided by the sellers, Midland Credit has determined that its credit file and credit reporting of the above-referenced accounts is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the debts, he may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balances.
In the meantime, per his previous request, the accounts will remain marked “Direct Mail Only.” While they remain due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]:
Thank you for your letter inquiry dated August 2, 2014,
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit provided all the relevant account information in
its previous letter response to your office dated August 22, 2014. [redacted] writes that the debt was paid
several years ago and is falsely reporting on her credit report. She also writes that Midland Credit has
re-aged the account to make it look current.
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 acquires based on the business records maintained by the original
lender/seller. The open date listed on
[redacted]’s credit report is in fact the date of purchase by Midland Funding
LLC. In accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date being reported on this account reflects the “date that the account
was purchased by the debt buyer or placed/assigned to the third party
collection agency.”
As stated
in its previous response, a review of business records indicates that Midland
Credit is accurately reporting the above-referenced account to the three major
credit reporting agencies. In an effort
to reconfirm accurate reporting of its tradeline, Midland Credit submitted an
instant update to the three major credit reporting agencies on August 14,
2014. The credit reporting agencies have
advised that they may require up to 60 days for processing.
[redacted] also expresses concern that Midland Credit did not
provide verification information prior to Midland Credit’s previous
response. As indicated in that response,
Midland Credit’s business records indicate that it had not received any correspondence
requesting such information from [redacted] prior to her complaint submission
through your office.
Midland
Credit stands ready to assist [redacted] in clearing her record if Midland
Credit is somehow attempting to collect an account which was resolved prior to
Midland Credit becoming the servicer, and requests that she provide
documentation or evidence which substantiates her claim. [redacted] may forward the appropriate
documentation to Consumer Support Services at the address on this letterhead. Until
such documentation is provided, based on the information provided by the
seller, Midland Credit must respectfully conclude the debt remains valid, due
and owing to it.
In
the meantime, in keeping with its Consumer-First policy, the above-referenced account has been marked “Cease and
Desist.” While it remains due and owing,
[redacted] will no longer receive correspondence or calls from Midland Credit
representatives unless a response is required by law.
If [redacted] is ready to settle this debt, she may qualify for a reduction in her
account balance. Please have [redacted]’s
attorney call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to
[redacted], as well as settle the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 10, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 18, 2011, as a [redacted] account number ending in [redacted], in the name of Monique Outlaw, under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2014. The balance at the time of purchase was $616.97.
[redacted] expresses concern that she was unable to resolve the balance on the account with the original creditor. She also requests that her account be restored, all fees waived, and that she be allowed to pay $25.00 per month. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
While Midland Credit is unable restore the use of the credit line of the original account, it stands ready to assist [redacted] in resolving the balance. Midland Credit will accept [redacted]’s offer of monthly $25.00 payments toward the balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist in setting up a payment plan.
[redacted] also expressed concern with how her complaints have been handled by the Revdex.com (“Revdex.com”). Midland Credit is unable to comment on the actions of the Revdex.com. If [redacted] has further concerns with the actions of the Revdex.com, she should contact them directly.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your follow-up letter inquiry dated September 23, 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] expresses dissatisfaction with Midland Credit’s previous response. Midland Credit maintains its previous position as stated in the response. Midland Credit does not have a record of a March 2014 conversation with [redacted] and its policy is to report all accounts accurately. The above-referenced account was resolved via [redacted] making the agreed upon payments. The correct and accurate status of the account as paid is accurately being reported to the credit reporting agencies.
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, Leg** Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in C**ifornia
[redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
March 18, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this...
matter indicates that Midland Credit is the servicer of
two accounts belonging to [redacted]. Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on August 28, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on May 18, 2008, as a [redacted]
account number ending in [redacted], in the name of [redacted], under the last four
of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on July 25, 2012. The balance at the
time of purchase was $457.73.
Midland Credit became the servicer of
account no. [redacted], on behalf of purchaser, Midland Funding on December 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on June 4, 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 February
27, 2013. The balance
at the time of purchase was $202.89.
[redacted] expresses a concern that he agreed to pay
$274.63 to resolve account no. [redacted], and $121.73 to resolve account no.
[redacted], with each payment due on February 28, 2015, but that the payments
did not result in resolving the account balances and collection attempts
continued. A review of Midland Credit’s
business records indicates that [redacted] called on February 16, 2015 and reached
an agreement with a Midland Credit representative to resolve both account
balances. The conditions of the
agreement appear to indicate that payment was to be received by Midland Credit
by February 27, 2015. Separate and
unique letters for each account were sent to [redacted] on February 18, 2015
confirming the settlement agreement which was discussed over the phone with the
Midland Credit representative.
As indicated by [redacted], he mailed the payments to
Midland Credit on February 26, 2015. However, due to the time it takes for mail
to arrive and for the funds to be processed, the payments were not posted to
the accounts until March 3, 2015, which was after the agreed upon date. As the payment plan had been broken, upon
posting of his payments, letters were sent to [redacted] seeking to resolve
the remaining balances due.
With that said, in
keeping with its Consumer-First policy, Midland Credit has made the business decision to treat [redacted]’s payments as sufficient to consider
both account balances resolved. The
accounts will be updated to reflect a Paid status and an update will be sent to
the three credit-reporting agencies for each
account requesting the accounts each be reported as “Account paid in full, was a collection
account” with an additional memo “Account paid in full for less than the
full balance.” There will be no further
collection activity, credit reporting or sale of both
accounts.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
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.On August 12, 2014 I filed a complaint against this business. The complaint ID assigned to it is [redacted] On September 8th. Midland Credit Management informed me through your bureau that they would instruct the credit bureaus to deleteany instances of their reporting on my credit files. Since then, I have also requested this account to be removed from all three credit bureaus, however today I received my third credit report from Experian which is updated just a few days agostill reflecting this account as on my previous report for the month of October and November. I want MIdland Credit Management to follow through its promise and instruct the credit bureaus to delete their account at once. I believe I have been very patient, having waited over 90 days now.
Regards,[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 9, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the...
Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account originated with [redacted] on January 2, 2007, and was subsequently converted to a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number[redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $6,285.05.
[redacted] expresses concern that Midland Credit is incorrectly reporting an account on her credit report – namely that the amount is incorrect, and that it is appearing as ‘past due’ and as an installment account. Please note that Midland Credit does not provide consumer credit but, rather, is engaged solely in the collection of charged-off debt. As such, Midland Credit does not report accounts as installment accounts or as past due.
Depending on the current condition of a given account, Midland Credit will furnish an account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that the account information it is furnishing to the three major credit reporting agencies is accurate.
For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment. As a debt buyer, Midland Funding has been advised that it should furnish information for its accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
[redacted] also writes that the account is appearing on her credit report with a higher amount than what was charged off, but that Midland Credit has not provided evidence of why the amount is higher. The account was purchased from the seller with all rights, and interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. Currently, the balance due is $7,437.71, which is the charge-off balance of $6,285.05 and $1,152.66 in interest accrued at 12.00%. Please note that Midland Credit made the business decision to stop accruing additional interest on the account in December 2014.
On June 15, 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. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on February 8, 2013.
In response to [redacted]’s request, verification information provided by the seller was mailed to her on or about February 18, 2013. The verification information was also provided to [redacted] in the response to her CFPB complaint on March 10, 2016. Copies of these documents are enclosed.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist him/her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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
Thank you for your letter inquiry dated July 17, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on January 27, 2012. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on January 9, 2007 as a T-Mobile cellular account number ending in 0189, 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 11, 2009. The charge-off balance was $569.88.
Ms. [redacted] expresses concern that Midland Credit sent her a letter stating it has instructed the three major credit reporting agencies to remove its tradeline from her consumer credit files, but the tradeline has not yet been removed. Please note, Midland Credit has been advised by the credit reporting agencies that they may take 30-60 days to update their records following notification.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
This company has falsely reported me to the three credit bureaus repeatedly. I paid off my [redacted] account several years ago, so therefore I do not owe anything to Midland Funding. I feel this company harasses people until they cannot take any more. There are several websites with numerous complaints such as mine against this company. Midland Funding has re-aged this account for the year 2011 to make it look current and try to get me to pay them money. Why didn't they provide any information before now when I repeatedly asked them why they were calling me and reporting me to the credit bureaus?? In addition, they say I have an attorney. I do not know what records they are looking at, but I have not retained an attorney for this matter. I sincerely hope that my case gets reviewed and resolved to my satisfaction and Midland removes all negative information from my credit report.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have received zero communication from Midland regarding these three accounts. Midland claims that dunning notices were sent to my correct address at various times in 2012 and 2013, yet they are reporting an incorrect address on my reports. Midland updated the accounts with the three credit reporting agencies ([redacted], [redacted], and [redacted]) on 8/16/14. These three Midland accounts are still showing to be connected to an address in [redacted].
I have yet to see any proof that the original dunning notices were sent to my correct address (which is reporting on all three credit reports). Therefor, I could not reasonably send debt validation letters to Midland in a timely manner. Please read:
These cases have coalesced around the proposition that "while the plain language of the statute does not require the debt collector to ensure actual receipt of the validation notice, the plain language does require the debt collector to send the validation notice to a valid and proper address where the consumer may actually receive it." Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006); see also Mahon v. Credit Bureau of Placer County, 171 F.3d 1197, 1201-02 (9th Cir. 1999).
Ms. [redacted]
Revdex.com
of San Diego
5050
Murphy Canyon, Ste....
110
San
Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry
regarding Mr. [redacted]’ complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 11, 2016.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on October 24, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on October 25, 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 January 27, 2011. The balance at the time of purchase was $1,571.18. Final payment
on the account was received by Midland Credit on June 11,
2015. Mr. [redacted] has
no further financial obligation for this account.
Mr.
[redacted] expresses a concern that his requests for validation have been
ignored. On October 31, 2011, Midland
Credit mailed Mr. [redacted] a validation letter.
Please note that the letter was mailed to Mr. [redacted] via the United
States Postal Service. The letter was
not returned as “undeliverable,” satisfying the notification requirements of
the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the
required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate
that it did not receive any correspondence disputing the debt or requesting
validation from Mr. [redacted] in response to the letter. In fact, no
correspondence was received directly from Mr. [redacted] prior to the complaint
filed through your office.
A review of Midland Credit’s business records
indicates that on January 15, 2012, this account was placed with [redacted]. [redacted]
indicates that an initial letter was sent to you on or about January 19,
2012. The firm states they did not
receive a response to the notice, and as such suit was filed on March 1, 2012,
service was completed on March 7, 2012, and a judgment was entered on April 30,
2012. A copy of the judgment is enclosed
for Mr. [redacted]’ records. [redacted] and
[redacted] also indicate that they did not receive any communication from Mr.
[redacted] disputing the debt or requesting validation.
Mr.
[redacted] expresses a concern that the account is reporting incorrectly with a
balance, and that the judgment is appearing as open rather than paid. A review of Midland Credit’s business records
indicates that it is accurately furnishing information for the above-referenced
account to the credit bureaus as “Account
paid in full, was a collection account.”
Additionally, please note that judgments are not reported by Midland
Funding LLC. Rather judgments are
reported by the credit reporting agencies as a matter of public record. Mr. [redacted] is encouraged to communicate
directly with the credit bureaus regarding information appearing on his credit
report. He may also contact the public
records office should he have any further concerns about how the judgment is
being reported.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Dear Ms. [redacted]:
Thank you for your letter inquiry
regarding Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 22, 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 May 17, 2015.
Information provided by the seller, Citibank, N.A., at the time of
acquisition indicates this account was originated on June 1, 1996 as a [redacted] account
number ending in [redacted], in the name of [redacted],
under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 27, 2015. The balance at the time of purchase was $17,874.25.
Mr.
[redacted] expresses a concern that Midland Credit mailed a statement to him that
demanded money and violated the Fair Debt Collection Practices Act (“FDCPA”). In order to provide him with the required
disclosure of rights set forth in the FDCPA, 15 U.S.C. § 1692, on March 31,
2015, Midland Credit mailed Mr. [redacted] the initial validation letter, advising
him of the role of Midland Credit as the servicer of the account. Midland Credit must therefore respectfully
decline Mr. [redacted]’ request for monetary compensation. However, in keeping with its Consumer-First
policy, Midland Credit has made the business decision to close the
account. There will be no further
collection activity or sale of this account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) [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 M[redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter...
indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 17, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 1, 2011. The balance at the time of purchase was $498.44. Final payment on the account was received on May 10, 2012. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 9, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 10, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 12, 2011. The balance at the time of purchase was $776.05.
As indicated above, after [redacted] had resolved the balance for account no. [redacted], Midland Funding subsequently purchased a separate account from [redacted] and assigned it to Midland Credit for servicing. It appears that attempts to collect on the second account may be the basis for his concerns.
[redacted] also expresses a concern that Midland Credit representatives have contacted him excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
If [redacted] is ready to resolve account no. [redacted], [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as resolve the account balance.
In the meantime, per [redacted]'s concerns about receiving calls and letters from Midland Credit, account no. [redacted] has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
January 27, 2017
VIA E-Mail
[redacted]
[redacted]
[redacted]
[redacted]
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 18, 2017. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Midland Credit has no record of her attorney’s contact information. Please have Ms. [redacted] provide her attorney’s information, if applicable, so that we may contact her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that Ms. [redacted] is not or is no longer working with legal counsel and will mark his account accordingly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 27, 2016. Information provided by the seller, [redacted] Bank, at the time of acquisition indicates this account was originated on January 25, 2015, as a [redacted] Bank/Amazon credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number 2802. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 25, 2016. The balance at the time of purchase was $990.71.
A review of Midland Credit’s business records indicates that on June 22, 2016, this account was placed with [redacted] [redacted] (“ACF”) for servicing, but was placed back to Midland Credit on August 16, 2016 after ACF received a verbal dispute from Ms. [redacted].
In response to Ms. [redacted]’s dispute, Midland Credit mailed her verification information provided by the seller on August 19, 2016, along with a letter advising her that Midland Credit had investigated her dispute and had determined that it’s records and the information it was furnishing to the credit reporting agencies was accurate. Although verification information provided by the seller was already mailed to Ms. [redacted] in response to her previous dispute, a copy of that documentation is again enclosed for her records.
In the complaint, Ms. [redacted] alleges that she contacted [redacted] multiple times in 2014 to notify them that she had never received the merchandise for which she was billed. As mentioned above, this account wasn’t opened until January 25, 2015, which is after her alleged contact with [redacted].
Midland Credit contacted the seller and confirmed that Ms. [redacted] disputed the account for fraud on April 20, 2016, through the credit reporting agencies, but she never responded to the sellers request for further information to substantiate her claim. Additionally, the seller has no record of receiving a complaint from Ms. [redacted] indicating that she did not receive the merchandise for which she was billed.
Ms. [redacted] states that Midland Credit has no right to bill her or furnish information to her credit report. Consumers are sometimes unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser, Midland Funding, has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit as servicer for Midland Funding. 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.
Ms. [redacted] mentions that when she spoke with Midland Credit representatives she had requested that no calls be made to her work place. On July 12, 2016, per her request, Ms. [redacted]’s work phone number was marked as “Do Not Call” by the representative she spoke with that day. No calls were subsequently placed to that phone number. Please note that the alleged conduct described by Ms. [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate m[redacted]er.
If Ms. [redacted] is ready to resolve the above-referenced debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Account Manager [redacted] at [redacted] ext. [redacted] to assist her in reaching a resolution of the account balance.
The above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Ms. [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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
GJG: [redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 21, 2015. Midland Credit appreciates the opportunity to answer your questions. [redacted] filed a...
similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on November 16, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 22, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 28, 2011. The balance at the time of purchase was $548.04.
[redacted] questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
[redacted] expresses a concern that their validation requests have been ignored. On November 24, 2011, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within their complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [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 September 22, 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.
As referenced above, Midland Credit received [redacted]’s correspondence on September 22, 2014. Although the request was not timely, verification information provided by the seller was mailed to [redacted] in response to their dispute. A copy of the verification information provided by the seller is enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
If [redacted] is ready to resolve this debt, they may qualify for a reduction in their account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to help resolve this account balance.
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.
Per [redacted]’s previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure </
December 4, 2015
VIA E-Mail
*
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 20, 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 December 20, 2010. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 31, 2002, 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 30, 2010. The balance at the time of purchase was $3,983.48. A review of Midland Credit’s business records indicates that on June 15, 2014, this account was assigned to [redacted]
A review of Midland Credit’s business records indicates that [redacted] has retained [redacted] advised a letter was received on October 16, 2015 from [redacted] allowing [redacted] representatives to speak directly to [redacted]
[redacted] expresses a concern that he has made three attempts to have the dispute removed from his credit report. [redacted] advised that on September 24, 2015, [redacted] called the firm to state he was no longer disputing the debt. The firm advised [redacted] that because he is represented by an attorney, communication must go through his attorney. [redacted] further advised that a call was received from [redacted] on October 22, 2015, after [redacted] letter allowing direct communication with [redacted], in which [redacted] offered to resolve the account for $1,000.00 and requested the account be removed from his credit report. Please note that Midland Credit furnishes account information to the credit reporting agencies and, accordingly, the [redacted] representative advised [redacted] that the firm does not report to the credit reporting agencies.
With that said, a review of Midland Credit’s business records indicates that on November 13, 2015, it received a fax from [redacted] requesting the disputed status of his account be removed. Upon receipt of the fax, Midland Credit appropriately updated its records to reflect that the account is no longer disputed and an update was sent to the three major credit reporting agencies on November 19, 2015. Per [redacted] concerns, another update has been sent to the credit reporting agencies. Copies of the Universal Data Form for both updates are enclosed for [redacted] records. The XR code in the account information section is the code which tells the credit reporting agencies that the previous dispute should be removed. Please note, it may take 30-60 days for the status of the account to be reflected with the credit reporting agencies.
Midland Credit encourages [redacted] or his attorney to work with [redacted] to assist in reaching a positive resolution. [redacted] or his attorney may reach [redacted]. Their phone number is [redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
Thank you for your letter inquiry dated July 17, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to Ms. [redacted]’s. During a search for the correct consumer, Ms. [redacted]’s phone number and address were 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.
Ms. [redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account, and her address marked “Do Not Mail.” Ms. [redacted] will no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, Ms. [redacted]’s telephone number [redacted] has been added to an exclusion list to prevent it from being called in the future.
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 our Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 30, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit became the servicer of account number [redacted] on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 23, 2007, as a [redacted] credit account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 13, 2014. The balance at the time of purchase was $308.48. Final payment for the account was received on March 16, 2016. [redacted] has no further financial obligation for account no. [redacted].
Midland Credit became the servicer of account number [redacted] on behalf of purchaser, Midland Funding, on December 17, 2015. Information provided by the seller, [redacted]. (“[redacted]”), at the time of acquisition indicates this account was originated on September 3, 2010, as a [redacted] 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 May 29, 2013. The balance at the time of purchase was $197.79.
[redacted] states that she was working with a debt consolidation program to resolve the balances for the above-referenced accounts. She expresses a concern that she was given wrong balance information for account number [redacted], and believes that Midland Credit has charged interest on the account.
Regarding account number [redacted], a review of Midland Credit’s business records indicates that the account was charged-off with a balance of $574.15. Additional payments to [redacted] after the charge-off date resulted in a balance at the time of purchase of $197.97. Midland Credit received five payments forwarded by [redacted] totaling $103.00, which were made directly to [redacted] between January and May of 2016, resulting in a remaining balance of $94.79.
Please note that Midland Credit management has not charged any interest toward the balances of your accounts. In keeping with its Consumer-First policy, Midland Credit made the business decision to consider the amounts paid satisfactory to resolve the balance for account number [redacted]. [redacted] has no further financial obligation for the above-referenced account.
[redacted] also states that she requests a refund for any interest paid. As noted above, Midland Credit has not charged any interest on account numbers [redacted] or [redacted]. Please note that due to overpayments received on account number [redacted], two refunds were issued in April and May of 2016 for $4.92 and $10.24 respectively. If [redacted] has any documentation or information about any additional refunds due, Midland Credit respectfully requests she submits such information so that Midland Credit may investigate the matter further. In the meantime, [redacted] has no further financial obligation for either account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for any 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]
Assistant Secretary
[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 midland has provided no real assistance to my situation I
will have to dwell into this a little further On April 31st 2014 a counselor
at [redacted] community college had called [redacted] Pd to do a wellness check on
me. [redacted] Pd contacted this counselor and stated that I was not at home at
the time of the wellness check a few hours later another counselor had
contacted [redacted] Pd again around 1:30 Pm. [redacted] Pd had me voluntarily committed
to UPC / Urgent
Psychiatric Care Center in [redacted] where I was at for almost eight hours.
This can be verified by both the [redacted] Police Department and the Counseling
office at [redacted] Community College.
My mother, grandmother, and grandfather
have all passed away in the last four years. All 3 of these death records are
public knowledge. In regards to my
injury I sustained a shoulder surgery 6 months before my mother had passed and
was unable to get treatment right away due to her declining health. And during
that time I had developed a rather large labrum tear in my left shoulder in
which I had a nearly 3 hour operation and was in a sling for nearly two months
and five months of physical therapy. I provided the Revdex.com the arthroscopy photo
graphs of the surgery and a photo my left shoulder with the suture scars from
the incisions. Obituaries were also provided for my grandmother and
grandfather. ...⇄ /> In regards
to the attorney who is handling this case. [redacted] has an F rating on the
Revdex.com for each and every complaint filed against them they only respond to obtain information on
the debtor not only that he doesn’t formally respond to complaints online. I
will also provide a copy of the statement he makes for each and every
complaint. There was a car in my drive way blocking me from coming and going it
was a newer model Chevy equinox or trail blazer in which it was silver in
color. A neighbor had also witnessed this car stop at my residence not once but
2 times. Also the law states that no debt collector cannot discuss this debt
with anyone besides the debtor.
A copy
of the court paper work was placed on my door with a blue painters tape. This
violates law as it was in plain view as the mail man or anyone else who came up
to the door could clearly see it as the mail box is located directly next to
the door where the paper work was left. [redacted] did not provide a debt
validation paper or any type of original contract that I may or may have not
signed with the original creditor simply as they did not have it. Midland has
only forward this information to [redacted] not to assist with this complaint
but only to collect more information. I could
have taken this to court but as I stated I do not have the money to even pay a
simple court cost to file an answer with the court.
Not only that I have been
punished by my employer by this. My hours are restricted as opposed to others I did not received a yearly service award and I
cannot purse better job opportunities because of this. I have sought counseling
over this consoled with friends and none of them have ever heard of someone
being sued for a small credit card debt but it has happened to me with this
lawyer. [redacted] did not reach out
to me once prior to taking me to court he never once called. But I did get at least
100 different documents and even a threatening demand letter that I pay up or
they would garnish my wages. This is simply because he does not want to assist
he simply wants to go to court so that he and midland can get a judgment tack
on interest because they know I cannot
pay them a huge lump sum. So they’ll garnish wages and let the interest
increase because the balance on these accounts has nearly doubled. Just alone
they have tacked on nearly 800 for court costs and lawyers’ fees another 120
just to file the garnishment papers.
Not only that even if somehow managed I paid
them they would still not remove any negative information on my credit and I have
even heard from other consumers including the Revdex.com that even after settling that
this lawyer still garnished their wages. The bottom line is that the reason Midland and
[redacted] won’t let me move on with my life is because there making money
off of this. They bought these debts for pennies on the dollar but they want to
collect nearly twice what the original debts are. I have other debts from the
passing of my mother some more significant than others but this collection agency and
lawyer by far are the most aggressive debt collects they refuse to assist
consumers who face extreme hardships, they take people to court who otherwise
do not have the legal knowledge or know how, nor can’t they afford an attorney.
Im tired of midland im tired of them harassing me and what’s worse all they
want is to collect money from and personal information me I do not find this at
all an acceptable response to my complaint.
[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.They are not going to do anything additional about it and are basically saying im lying and it is what it is. I dont agree with this but, will use the information they have provided going forward. Thank you for your help in this matter. It is extremely unfortunate that Midland isnt going to do anything to help me with this matter.
THANK YOU for your help and attention with this matter.
Regards,[redacted]
January 12, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 2, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 30, 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 December 31, 2010. The balance at the time of purchase was $1,099.49.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on April 2, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 3, 2007, as a [redacted] [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2010. The balance at the time of purchase was $1,067.38.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on May 28, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 26, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the credit card account was charged-off as an unpaid delinquent-debt on June 21, 2009. The balance at the time of purchase was $989.65.
[redacted] writes that Midland Credit has refused to provide evidence that he owes money and requests for validation documentation. Midland Credit sent separate and unique validation letters to [redacted] on April 27, 2012 for account nos. [redacted] and [redacted], and on June 6, 2010 for account no. [redacted]. In the letters, Midland Credit informed [redacted] that Midland Funding had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA.
Midland Credit’s business records indicate that it received the first written correspondence from [redacted] on May 2, 2014 regarding the accounts. 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.” 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 and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] separate and unique response letters on June 4, 2014 advising him Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
[redacted] also writes that writes that Midland Credit has re-aged the debts. While Midland Credit is sensitive to his concern, it does not alter or modify any of the original account information provided by the seller such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on the accounts reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding.
Lastly, [redacted] indicates that the accounts are past their statute of limitations, and requests that Midland Credit remove its tradeline from his consumer credit files. A review of Midland Credit’s business records indicates that the statute of limitations expired on May 5, 2014 for account no. [redacted], on April 4, 2014 for account no. [redacted], and on December 23, 2012 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of the debts. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debts. It only prevents the accounts from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the accounts does not expire until May 2017 for account no. [redacted], April 2017 for account no. [redacted], and December 2015 for account no. [redacted].
Please note that based on the information provided by the sellers, Midland Credit has determined that its credit file and credit reporting of the above-referenced accounts is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to settle the debts, he may qualify for a reduction in the account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balances.
In the meantime, per his previous request, the accounts will remain marked “Direct Mail Only.” While they remain due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
Thank you for your letter inquiry dated August 2, 2014,
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit provided all the relevant account information in
its previous letter response to your office dated August 22, 2014. [redacted] writes that the debt was paid
several years ago and is falsely reporting on her credit report. She also writes that Midland Credit has
re-aged the account to make it look current.
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 acquires based on the business records maintained by the original
lender/seller. The open date listed on
[redacted]’s credit report is in fact the date of purchase by Midland Funding
LLC. In accordance with the Credit
Reporting Resource Guide produced by the Consumer Data Industry Association,
the open date being reported on this account reflects the “date that the account
was purchased by the debt buyer or placed/assigned to the third party
collection agency.”
As stated
in its previous response, a review of business records indicates that Midland
Credit is accurately reporting the above-referenced account to the three major
credit reporting agencies. In an effort
to reconfirm accurate reporting of its tradeline, Midland Credit submitted an
instant update to the three major credit reporting agencies on August 14,
2014. The credit reporting agencies have
advised that they may require up to 60 days for processing.
[redacted] also expresses concern that Midland Credit did not
provide verification information prior to Midland Credit’s previous
response. As indicated in that response,
Midland Credit’s business records indicate that it had not received any correspondence
requesting such information from [redacted] prior to her complaint submission
through your office.
Midland
Credit stands ready to assist [redacted] in clearing her record if Midland
Credit is somehow attempting to collect an account which was resolved prior to
Midland Credit becoming the servicer, and requests that she provide
documentation or evidence which substantiates her claim. [redacted] may forward the appropriate
documentation to Consumer Support Services at the address on this letterhead. Until
such documentation is provided, based on the information provided by the
seller, Midland Credit must respectfully conclude the debt remains valid, due
and owing to it.
In
the meantime, in keeping with its Consumer-First policy, the above-referenced account has been marked “Cease and
Desist.” While it remains due and owing,
[redacted] will no longer receive correspondence or calls from Midland Credit
representatives unless a response is required by law.
If [redacted] is ready to settle this debt, she may qualify for a reduction in her
account balance. Please have [redacted]’s
attorney call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to
[redacted], 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]
February 24, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 10, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 18, 2011, as a [redacted] account number ending in [redacted], in the name of Monique Outlaw, under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2014. The balance at the time of purchase was $616.97.
[redacted] expresses concern that she was unable to resolve the balance on the account with the original creditor. She also requests that her account be restored, all fees waived, and that she be allowed to pay $25.00 per month. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
While Midland Credit is unable restore the use of the credit line of the original account, it stands ready to assist [redacted] in resolving the balance. Midland Credit will accept [redacted]’s offer of monthly $25.00 payments toward the balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist in setting up a payment plan.
[redacted] also expressed concern with how her complaints have been handled by the Revdex.com (“Revdex.com”). Midland Credit is unable to comment on the actions of the Revdex.com. If [redacted] has further concerns with the actions of the Revdex.com, she should contact them directly.
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 follow-up letter inquiry dated September 23, 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] expresses dissatisfaction with Midland Credit’s previous response. Midland Credit maintains its previous position as stated in the response. Midland Credit does not have a record of a March 2014 conversation with [redacted] and its policy is to report all accounts accurately. The above-referenced account was resolved via [redacted] making the agreed upon payments. The correct and accurate status of the account as paid is accurately being reported to the credit reporting agencies.
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, Leg** Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in C**ifornia
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
March 18, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this...
matter indicates that Midland Credit is the servicer of
two accounts belonging to [redacted]. Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on August 28, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on May 18, 2008, as a [redacted]
account number ending in [redacted], in the name of [redacted], under the last four
of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on July 25, 2012. The balance at the
time of purchase was $457.73.
Midland Credit became the servicer of
account no. [redacted], on behalf of purchaser, Midland Funding on December 26, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on June 4, 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 February
27, 2013. The balance
at the time of purchase was $202.89.
[redacted] expresses a concern that he agreed to pay
$274.63 to resolve account no. [redacted], and $121.73 to resolve account no.
[redacted], with each payment due on February 28, 2015, but that the payments
did not result in resolving the account balances and collection attempts
continued. A review of Midland Credit’s
business records indicates that [redacted] called on February 16, 2015 and reached
an agreement with a Midland Credit representative to resolve both account
balances. The conditions of the
agreement appear to indicate that payment was to be received by Midland Credit
by February 27, 2015. Separate and
unique letters for each account were sent to [redacted] on February 18, 2015
confirming the settlement agreement which was discussed over the phone with the
Midland Credit representative.
As indicated by [redacted], he mailed the payments to
Midland Credit on February 26, 2015. However, due to the time it takes for mail
to arrive and for the funds to be processed, the payments were not posted to
the accounts until March 3, 2015, which was after the agreed upon date. As the payment plan had been broken, upon
posting of his payments, letters were sent to [redacted] seeking to resolve
the remaining balances due.
With that said, in
keeping with its Consumer-First policy, Midland Credit has made the business decision to treat [redacted]’s payments as sufficient to consider
both account balances resolved. The
accounts will be updated to reflect a Paid status and an update will be sent to
the three credit-reporting agencies for each
account requesting the accounts each be reported as “Account paid in full, was a collection
account” with an additional memo “Account paid in full for less than the
full balance.” There will be no further
collection activity, credit reporting or sale of both
accounts.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[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.On August 12, 2014 I filed a complaint against this business. The complaint ID assigned to it is [redacted] On September 8th. Midland Credit Management informed me through your bureau that they would instruct the credit bureaus to deleteany instances of their reporting on my credit files. Since then, I have also requested this account to be removed from all three credit bureaus, however today I received my third credit report from Experian which is updated just a few days agostill reflecting this account as on my previous report for the month of October and November. I want MIdland Credit Management to follow through its promise and instruct the credit bureaus to delete their account at once. I believe I have been very patient, having waited over 90 days now.
Regards,[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 9, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the...
Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account originated with [redacted] on January 2, 2007, and was subsequently converted to a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number[redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $6,285.05.
[redacted] expresses concern that Midland Credit is incorrectly reporting an account on her credit report – namely that the amount is incorrect, and that it is appearing as ‘past due’ and as an installment account. Please note that Midland Credit does not provide consumer credit but, rather, is engaged solely in the collection of charged-off debt. As such, Midland Credit does not report accounts as installment accounts or as past due.
Depending on the current condition of a given account, Midland Credit will furnish an account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.” Midland Credit’s business records indicate that the account information it is furnishing to the three major credit reporting agencies is accurate.
For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment. As a debt buyer, Midland Funding has been advised that it should furnish information for its accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
[redacted] also writes that the account is appearing on her credit report with a higher amount than what was charged off, but that Midland Credit has not provided evidence of why the amount is higher. The account was purchased from the seller with all rights, and interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. Currently, the balance due is $7,437.71, which is the charge-off balance of $6,285.05 and $1,152.66 in interest accrued at 12.00%. Please note that Midland Credit made the business decision to stop accruing additional interest on the account in December 2014.
On June 15, 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. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on February 8, 2013.
In response to [redacted]’s request, verification information provided by the seller was mailed to her on or about February 18, 2013. The verification information was also provided to [redacted] in the response to her CFPB complaint on March 10, 2016. Copies of these documents are enclosed.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist him/her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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
Thank you for your letter inquiry dated July 17, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on January 27, 2012. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on January 9, 2007 as a T-Mobile cellular account number ending in 0189, 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 11, 2009. The charge-off balance was $569.88.
Ms. [redacted] expresses concern that Midland Credit sent her a letter stating it has instructed the three major credit reporting agencies to remove its tradeline from her consumer credit files, but the tradeline has not yet been removed. Please note, Midland Credit has been advised by the credit reporting agencies that they may take 30-60 days to update their records following notification.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
This company has falsely reported me to the three credit bureaus repeatedly. I paid off my [redacted] account several years ago, so therefore I do not owe anything to Midland Funding. I feel this company harasses people until they cannot take any more. There are several websites with numerous complaints such as mine against this company. Midland Funding has re-aged this account for the year 2011 to make it look current and try to get me to pay them money. Why didn't they provide any information before now when I repeatedly asked them why they were calling me and reporting me to the credit bureaus?? In addition, they say I have an attorney. I do not know what records they are looking at, but I have not retained an attorney for this matter. I sincerely hope that my case gets reviewed and resolved to my satisfaction and Midland removes all negative information from my credit report.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have received zero communication from Midland regarding these three accounts. Midland claims that dunning notices were sent to my correct address at various times in 2012 and 2013, yet they are reporting an incorrect address on my reports. Midland updated the accounts with the three credit reporting agencies ([redacted], [redacted], and [redacted]) on 8/16/14. These three Midland accounts are still showing to be connected to an address in [redacted].
I have yet to see any proof that the original dunning notices were sent to my correct address (which is reporting on all three credit reports). Therefor, I could not reasonably send debt validation letters to Midland in a timely manner. Please read:
These cases have coalesced around the proposition that "while the plain language of the statute does not require the debt collector to ensure actual receipt of the validation notice, the plain language does require the debt collector to send the validation notice to a valid and proper address where the consumer may actually receive it." Johnson v. Midland Credit Management Inc., No. 1:05 CV 1094, 2006 WL 2473004, *12 (N.D. Ohio Aug. 24, 2006); see also Mahon v. Credit Bureau of Placer County, 171 F.3d 1197, 1201-02 (9th Cir. 1999).
Regards,
[redacted]
DATE \@ "MMMM d, yyyy" May 25, 2016
VIA E-Mail
Ms. [redacted]
Revdex.com
of San Diego
5050
Murphy Canyon, Ste....
110
San
Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry
regarding Mr. [redacted]’ complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 11, 2016.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on October 24, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on October 25, 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 January 27, 2011. The balance at the time of purchase was $1,571.18. Final payment
on the account was received by Midland Credit on June 11,
2015. Mr. [redacted] has
no further financial obligation for this account.
Mr.
[redacted] expresses a concern that his requests for validation have been
ignored. On October 31, 2011, Midland
Credit mailed Mr. [redacted] a validation letter.
Please note that the letter was mailed to Mr. [redacted] via the United
States Postal Service. The letter was
not returned as “undeliverable,” satisfying the notification requirements of
the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the
required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate
that it did not receive any correspondence disputing the debt or requesting
validation from Mr. [redacted] in response to the letter. In fact, no
correspondence was received directly from Mr. [redacted] prior to the complaint
filed through your office.
A review of Midland Credit’s business records
indicates that on January 15, 2012, this account was placed with [redacted]. [redacted]
indicates that an initial letter was sent to you on or about January 19,
2012. The firm states they did not
receive a response to the notice, and as such suit was filed on March 1, 2012,
service was completed on March 7, 2012, and a judgment was entered on April 30,
2012. A copy of the judgment is enclosed
for Mr. [redacted]’ records. [redacted] and
[redacted] also indicate that they did not receive any communication from Mr.
[redacted] disputing the debt or requesting validation.
Mr.
[redacted] expresses a concern that the account is reporting incorrectly with a
balance, and that the judgment is appearing as open rather than paid. A review of Midland Credit’s business records
indicates that it is accurately furnishing information for the above-referenced
account to the credit bureaus as “Account
paid in full, was a collection account.”
Additionally, please note that judgments are not reported by Midland
Funding LLC. Rather judgments are
reported by the credit reporting agencies as a matter of public record. Mr. [redacted] is encouraged to communicate
directly with the credit bureaus regarding information appearing on his credit
report. He may also contact the public
records office should he have any further concerns about how the judgment is
being reported.
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]
Enclosure