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 belowHow is it acceptable to offer not one spec of detail as to who you are and then all out question me on an individual? A situation like that where you fail to provide any information of who you are is constituted as harassment when you question me asking things.
Regards,
[redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 4, 2015. [redacted] continues to question how the current balance for the account was obtained. As stated in its previous response, 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. [redacted] allowed an APR of up to 23.90%. While the account is currently not accruing interest, Midland Credit initially applied an interest rate of 15.00%, which is less than the allowable rate provided for by the original creditor. The current amount due is $786.94, which is the charge-off balance of $548.04 with $238.90 in interest accrued at 15.00%. Interest was accrued at this rate until September 27, 2014, when Midland Credit made the consumer-first decision to stop the accrual of interest on the account.
Additionally, [redacted] writes that the letter received by Midland Credit on September 22, 2014 was timely, and that the account was disputed within 30 days of receiving that letter. As noted in its previous response, Midland Credit mailed [redacted] a validation letter on November 24, 2011. The letter was mailed to [redacted] at the same address listed within the complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 15 U.S.C. § 1692. Therefore, Midland Credit must respectfully conclude that [redacted]’s request was not timely. While the request was not timely, verification information provided by the seller was mailed to [redacted] in response to the dispute. Midland Credit acted in a timely manner and has complied with all applicable laws.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. If [redacted] is ready to resolve the above-referenced debt, they may qualify for a reduction in the account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial, as well as resolve the account balance.
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
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 1, 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 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 24, 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 February 9, 2010. The balance at the time of purchase was $2,169.31.
[redacted] expresses a concern that the above-referenced debt does not belong to him. Midland Credit sent him a validation letter on June 25, 2012. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on or about June 24, 2013. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded to the June 2013 dispute by sending him a letter on or about July 8, 2013 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate, and enclosing a copy of the verification information provided by the seller. A copy of the verification information provided by the seller is enclosed.
[redacted] also states that he has reached out to Midland Credit several times in an effort to have the account removed from his credit report. A review of Midland Credit’s business records indicates that [redacted] called several times on April 6, 2015 stating his intentions to resolve the account balance for $500.00. In a conversation with [redacted] on April 6, 2015, a 60% off settlement arrangement was offered to him and [redacted] said he would call Midland Credit back. When Midland Credit received [redacted] follow up call, the representative was asked to delete the tradeline.
Please note that it is Midland Credit’s policy to report all accounts accurately. Should [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
With that said, if [redacted] is ready to resolve the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balance.
Additionally, Midland Credit received a call from [redacted] and his mortgage company representative on May 13, 2015 advising a written request to remove the dispute notation from his credit report would be faxed to Midland Credit. As of the beginning of the business day on May 14, 2015, such a request has not yet been received. [redacted] is encouraged to also fax the request to the number listed on this letterhead in order to ensure its timely processing.
In the meantime, per [redacted] previous request to no longer be contacted by Midland Credit, 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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. It appears that they have done as they said and that is great. As long as they keep their word and do not attempt to reinsert these items, I will consider this complaint resolved.
Regards,
[redacted]
I received the documentation from the business and will follow up with the credit bureaus. I appreciate Revdex.com assistance in this matter. While I am stating this to be resolved. Its actually not resolve as this is still ongoing with my credit and the business. But this is a huge stepping stone and I will continue to pursue . Thank you guys .
Regards,
[redacted]
Dear [redacted]
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated October 21, 2015.
[redacted] asserts that the documentation Midland Credit has provided to her is not
sufficient. 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.
[redacted] additionally questions whether Midland Credit is licensed to conduct
business in the State of New Hampshire.
Please assure [redacted] that Midland Credit is licensed and/or bonded in
every state which requires such licensing and/or bonding for collection
companies. In [redacted] case, her home
state of New Hampshire does not require collection agency licensing.
As
indicated in prior responses, 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]
Dear [redacted]:
Thank you for your letter inquiry dated July 31, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit is the servicer of the three accounts belonging to [redacted] referenced in his complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 23, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 30, 2010. The balance at the time of purchase was $1,811.61.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 17, 2003 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 30, 2010. The balance at the time of purchase was $1,931.01.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on June 20, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 11, 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 September 29, 2011. The balance at the time of purchase was $6,469.83.
A review of Midland Credit’s business records indicates that on May 28, 2013, account no. [redacted] was assigned to Midland Credit’s internal legal collections department (“Internal Legal”) whose mailing address is [redacted]. Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm.
Midland Credit mailed [redacted] separate and unique validation letters – on May 4, 2012 for account no. [redacted], on June 13, 2012 for account no. [redacted], and on July 1, 2012 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to the same [redacted] address listed within [redacted]’s complaint via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received by Midland Credit from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also expresses a concern that the above-referenced accounts are attached to an address in another state that does not belong to him. In the normal course of its business practices to maintain the most current contact information of consumers, and without any response to Midland Credit’s attempts to contact [redacted], a [redacted] address believed to be his was provided to Midland Credit by a third party. In reliance on that information, Midland Credit adjusted its files accordingly, which included using the [redacted] address when reporting to the credit bureaus at that time.
Midland Credit has updated its computer system for the above-referenced accounts to once again show [redacted]’s current address as [redacted]. Updates for all three of the above-referenced accounts have been sent to the credit reporting agencies in order to reflect a return to the [redacted] address and as the accounts remain valid, due and owing to it, Midland Credit will continue to report them in accordance with applicable law.
If [redacted] is ready to settle the above-referenced debts, [redacted] may qualify for a reduction in his account balances. In relation to account nos. [redacted] and [redacted], please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balances. In regard to account no. [redacted] may reach [redacted] at their contact information provided above should he wish to discuss the account or repayment options.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your follow-up letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 18, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated July 13, 2015. Mr. [redacted] now requests an explanation of the current balance on the 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.
Accordingly, Mr. [redacted]’s account has accrued interest at a rate of 6% between the time the account was purchased in June 2011 and December 2014, at which time Midland Credit made the business decision to stop doing so. As evidenced in the verification information previously provided to Mr. [redacted], and enclosed here again, the interest rate charged by the original creditor prior to charge-off was 14.99%
Based on the above, Midland Credit must respectfully conclude that it is accurately reporting the account to the three major credit reporting agencies. However, per Mr. [redacted]’s request to cease collection activity, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Mr. [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 Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved. I would like this to be noted on their Revdex.com record. I was pretty upset.
Regards,
[redacted]
Thank you for your follow-up letter inquiry regarding Mr. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 10, 2017. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated May 4, 2017.
Mr. [redacted] continues to request the tradelines for the above-referenced accounts to be removed from his credit reports. After reviewing his latest submission to your office, Midland Credit respectfully maintains its position provided in its previous response and reiterates that it has acted appropriately. The account information being furnishing to the three major credit reporting agencies for the above-referenced accounts is accurate.
Mr. [redacted] additionally states he is willing to share proof regarding his claims. To date, Midland Credit has not received any information which would invalidate either of the above-referenced debts. However, Midland Credit is more than willing to review any documentation Mr. [redacted] can provide. Please advise him to contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should he wish to discuss the matter further.
In the meantime, per Mr. [redacted] previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, Mr. [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Thank you again for your assistance in this matter.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Division Manager, Consumer Support Services[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am requesting information from midland with my signature and account records showing that this debt is indeed mine. I have no records of this debt. I have reason to belive that there is mistake on who owns this debt. Basically I need irresable proof including the original account number as the burden of proof lies on midland. I am requesting a arbitrator along with a case date to resolve this matter. I will also peruse litigation in small claims court.
Regards,
[redacted]
Dear [redacted]
Thank
you for your follow-up letter inquiry dated October 21, 2014, regarding [redacted]’s complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received
the same day via
E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated October 16, 2014. In
his follow-up, [redacted] writes that he has not received any correspondence
regarding the account. As referenced in
Midland Credit’s previous response letter, Midland Credit mailed [redacted] the
initial validation letter on July 18, 2012.
The letter was mailed to [redacted] at the same address listed
within his complaint, via the United States Postal Service. The letter was not returned as
“undeliverable,” satisfying the requirements set forth within the Fair Debt Collection
Practices Act (“FDCPA”).
Midland Credit’s business records indicate
that it did not receive any correspondence disputing the debt or requesting
validation from [redacted] until September 30, 2014, which cannot be
considered timely. While [redacted]’s
request was untimely, a copy of the verification information provided by the
seller was enclosed with Midland Credit’s previous response letter for his
records. Midland Credit maintains its
position that it has acted timely and appropriately and its business records
indicate that the account is accurately reporting to the credit reporting
agencies.
Aside from the above, [redacted] writes that
he cannot repay the debt, and that his only income is from Social Security
benefits. As stated in Article 3 of its
Consumer Bill of Rights, Midland Credit stands ready to assist [redacted], and
will cease collection activities when it receives documentation indicating that
[redacted]’s only source of income is from exempt sources, such as Social
Security, and that he has no access to other assets. [redacted] may submit the appropriate
documentation to Consumer Support Services at the address on this letter
head.
Midland Credit also stands ready to assist
[redacted] in clearing his record if he has been a victim of identity theft or
fraud. If such is in fact the case,
Midland Credit respectfully requests that [redacted] provide it with a copy of
either a police report or affidavit of fraud showing that he reported the
fraudulent activity. Please note that an
affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may still forward appropriate
documentation to Consumer Support Services at the address on this letterhead.
In the meantime, the account will remain coded
“Cease and Desist.” While it remains due
and owing, [redacted] will continue to not receive contact from Midland Credit
representatives unless a response is required by law.
Midland Credit considers consumer complaints
a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the
inconvenience caused to [redacted].
Thank you again for your assistance in this
matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit
Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs &
Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
:
Thank you for your letter inquiry dated September 11, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 3, 2012 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 17, 2013. The balance at the time of purchase was $299.90. Final payment on the account was received on May 8, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that his validation requests have been ignored. On March 29, 2013, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. While Midland Credit did receive notices of possible disputes from the credit reporting agencies, a review of Midland Credit’s business records indicates that it did not receive any written correspondence disputing the account or requesting validation from [redacted] until the complaint filed through your office, which cannot be considered timely. With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
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.
Further review of Midland Credit’s business records indicates that on May 15, 2014, June 5, 2014, and June 18, 2014, Midland Credit receives written correspondence from [redacted], requesting a goodwill adjustment and the removal of the account from his consumer credit files. [redacted] states that he was told by a Midland Credit representative that upon payment to settle the account the account would be deleted from his credit report. Midland Credit has investigated [redacted]’s claim, and has determined that the Midland Credit representative acted appropriately and pursuant to applicable law.
[redacted] was advised that should he pay the full balance, Midland Credit would report the account as “Account paid in full, was a collection account,” or, should [redacted] pay less than the full balance, Midland Credit would report an additional memo stating “Account paid in full for less than the full balance.” [redacted] then agreed to settle the account and pay the full balance. It is Midland Credit’s policy to report all accounts accurately. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry dated November 19, 2014, regarding Mrs. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, Mrs. [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Midland Credit had no information that it was contacting a wrong number for the consumer until it was advised during a call on November 18, 2014, at which time Mrs. [redacted]’s phone number was marked “Wrong Number” in Midland Credit’s computer system for the account. Since then, the phone number has not been dialed.
You will continue to not receive calls from Midland Credit representatives regarding the account. Additionally, your phone number, ###-###-#### has been added to an exclusion list to prevent it from being called in the future regarding the account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mrs. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ###-###-#### should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
[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]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on August 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 28, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 23, 2012. The balance at the time of purchase was $798.13.
[redacted] expresses a concern that he has not received validation of the debt, which he believes is fraudulent and inaccurately reporting on his consumer credit files. On or about October 10, 2014, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint, 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 notice of possible dispute from the credit reporting agencies on or about March 25, 2015, which cannot be considered timely. Midland Credit did not receive written correspondence directly from [redacted] prior to the complaint filed through your office, which also cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. A review of Midland Credit’s business records indicates that it is accurately reporting the account to the three major credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
January 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 11, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office. A review of the previous response sent indicates the letter had a date of January 4, 2015. Please note there was a typographical error as this response was actually sent on January 4, 2016.
[redacted] expresses a concern that a debt collector must send a validation notice to a valid address where the consumer may live, and that Midland Credit intentionally sent the letter to an address where he would not receive it. A review of Midland Credit’s business records indicate that the address to which the validation letter was sent to was provided by the seller. Based on that, Midland Credit attempted to contact [redacted] using that address. Upon receipt of the original complaint through your office, Midland Credit has confirmed its records reflect the address provided by [redacted] in the complaint.
[redacted] continues to express a concern that he has not received proof of the validity of the debt. Midland Credit provided account verifying information in its previous response. As mentioned in that response, the original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.
[redacted] also states that the documentation previously provided did not show the current business relationship. The validation documentation is once again enclosed, along with a copy of the bill of sale verifying Midland Funding as the rightful owner of the account. A copy of a seller data sheet confirming the account was included in the purchase from Asset Acceptance, LLC is also enclosed. 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.
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 5, 2014 VIA E-Mail Ms. [redacted]Revdex.com of San Diego5050 Murphy Canyon, Ste. 110San Diego, CA 92123 Re: Consumer complaint of Ms. [redacted]Revdex.com# [redacted] MCM#...
[redacted], and [redacted] Dear Ms.[redacted]: Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 21, 2014. Midland Credit appreciates the opportunity to answer your questions. Ms. [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 is the servicer of three accounts belonging to Ms. [redacted] being reported to the credit reporting agencies. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 28, 2007, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 10, 2009. The balance at the time of purchase was $1,071.06. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 25, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 6, 2009. The balance at the time of purchase was $1,098.50. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 27, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 11, 2006, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 2, 2009. The balance at the time of purchase was $1,020.44. Ms. [redacted] expresses a concern that she has not been provided with verification of the debts. Midland Credit mailed Ms. [redacted] separate and unique validation letters – on October 9, 2009, for account no. [redacted], on October 17, 2009, for account no. [redacted], and on July 12, 2009, for account no. [redacted]. These letters informed Ms. [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692. Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from Ms. [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first direct correspondence requesting validation from Ms. [redacted] on November 4, 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 notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debts. Ms. [redacted] also requests the date of last activity. A review of Midland Credit’s business records indicates that the last payments made on the accounts occurred for account nos. [redacted] and [redacted] on July 1, 2008, and for account no. [redacted] on July 2, 2008. The seven-year Federal Reporting period, which is calculated using the date of first delinquency, is not set to expire until August 2015 for each of the above-referenced accounts. Please note that this does not extinguish the debts, rather, it prevents the accounts from being reported to the credit reporting agencies. The accounts will still remain collectible, due and owing to Midland Credit. Midland Credit is accurately reporting the above-referenced accounts to the three major credit reporting agencies. Copies of the verification information provided by the respective sellers are enclosed for Ms. [redacted]’s records. When Ms. [redacted] is ready to settle these debts, she may qualify for a reduction in her account balances. Please have Ms. [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching resolutions that will be both beneficial to her, as well as settle the account balances. In the meantime, per Ms. [redacted]’s previous request, the accounts will remain marked “Direct Mail Only.” While they remain due and owing, Ms. [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 Ms. [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], Esq.Corporate Counsel, Legal Affairs & Compliance*Admitted in Colorado; Registered In-House Counsel in California [redacted]
Enclosure
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
January 30, 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 March 17, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates
this account was originated on April 23, 2009, 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 28, 2010. The balance at the time of purchase was $1,444.64.
On March 20,
2011, Midland Credit mailed [redacted] a
validation letter, which informed her that Midland Funding had acquired the
account, and of her rights pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was
not returned as “undeliverable” by the United States Postal Service, satisfying
the notification requirements of the FDCPA. 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 her on January 5, 2015, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
Midland
Credit received notification of a possible dispute through the credit reporting
agencies on April 17, 2014. Although the
request was not timely, verification information provided by the seller was
mailed to [redacted] in response to her dispute. A copy of the verification information
provided by the seller is enclosed.
[redacted] questions whether the account is collectible due to the expiration of
the statute of limitations. A review of
Midland Credit’s business records indicates that the statute of limitations
does not expire until August 28, 2015.
However, please note that the passing of the statute of limitations does
not extinguish the validity of the debt.
Rather, it eliminates litigation as a potential remedy. Suit was filed on July 22, 2011, prior to the
expiration of the statute of limitations.
Additionally, although the suit was subsequently dismissed without
prejudice on December 6, 2011, please note that such a dismissal also does not
extinguish the validity of the debt. The
above-referenced account still remains collectible, due and owing to Midland
Credit.
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. Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive
resolution. She may reach [redacted] at their contact information provided above.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me as soon as this negative trade line completely removed from three credit report agencies . I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
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 belowHow is it acceptable to offer not one spec of detail as to who you are and then all out question me on an individual? A situation like that where you fail to provide any information of who you are is constituted as harassment when you question me asking things.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 4, 2015. [redacted] continues to question how the current balance for the account was obtained. As stated in its previous response, 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. [redacted] allowed an APR of up to 23.90%. While the account is currently not accruing interest, Midland Credit initially applied an interest rate of 15.00%, which is less than the allowable rate provided for by the original creditor. The current amount due is $786.94, which is the charge-off balance of $548.04 with $238.90 in interest accrued at 15.00%. Interest was accrued at this rate until September 27, 2014, when Midland Credit made the consumer-first decision to stop the accrual of interest on the account.
Additionally, [redacted] writes that the letter received by Midland Credit on September 22, 2014 was timely, and that the account was disputed within 30 days of receiving that letter. As noted in its previous response, Midland Credit mailed [redacted] a validation letter on November 24, 2011. The letter was mailed to [redacted] at the same address listed within the complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 15 U.S.C. § 1692. Therefore, Midland Credit must respectfully conclude that [redacted]’s request was not timely. While the request was not timely, verification information provided by the seller was mailed to [redacted] in response to the dispute. Midland Credit acted in a timely manner and has complied with all applicable laws.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. If [redacted] is ready to resolve the above-referenced debt, they may qualify for a reduction in the account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial, as well as resolve the account balance.
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
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 1, 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 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 24, 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 February 9, 2010. The balance at the time of purchase was $2,169.31.
[redacted] expresses a concern that the above-referenced debt does not belong to him. Midland Credit sent him a validation letter on June 25, 2012. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on or about June 24, 2013. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded to the June 2013 dispute by sending him a letter on or about July 8, 2013 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate, and enclosing a copy of the verification information provided by the seller. A copy of the verification information provided by the seller is enclosed.
[redacted] also states that he has reached out to Midland Credit several times in an effort to have the account removed from his credit report. A review of Midland Credit’s business records indicates that [redacted] called several times on April 6, 2015 stating his intentions to resolve the account balance for $500.00. In a conversation with [redacted] on April 6, 2015, a 60% off settlement arrangement was offered to him and [redacted] said he would call Midland Credit back. When Midland Credit received [redacted] follow up call, the representative was asked to delete the tradeline.
Please note that it is Midland Credit’s policy to report all accounts accurately. Should [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
With that said, if [redacted] is ready to resolve the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balance.
Additionally, Midland Credit received a call from [redacted] and his mortgage company representative on May 13, 2015 advising a written request to remove the dispute notation from his credit report would be faxed to Midland Credit. As of the beginning of the business day on May 14, 2015, such a request has not yet been received. [redacted] is encouraged to also fax the request to the number listed on this letterhead in order to ensure its timely processing.
In the meantime, per [redacted] previous request to no longer be contacted by Midland Credit, 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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. It appears that they have done as they said and that is great. As long as they keep their word and do not attempt to reinsert these items, I will consider this complaint resolved.
Regards,
[redacted]
I received the documentation from the business and will follow up with the credit bureaus. I appreciate Revdex.com assistance in this matter. While I am stating this to be resolved. Its actually not resolve as this is still ongoing with my credit and the business. But this is a huge stepping stone and I will continue to pursue . Thank you guys .
Regards,
[redacted]
Dear [redacted]
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated October 21, 2015.
[redacted] asserts that the documentation Midland Credit has provided to her is not
sufficient. 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.
[redacted] additionally questions whether Midland Credit is licensed to conduct
business in the State of New Hampshire.
Please assure [redacted] that Midland Credit is licensed and/or bonded in
every state which requires such licensing and/or bonding for collection
companies. In [redacted] case, her home
state of New Hampshire does not require collection agency licensing.
As
indicated in prior responses, 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]
Dear [redacted]:
Thank you for your letter inquiry dated July 31, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit is the servicer of the three accounts belonging to [redacted] referenced in his complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 23, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 30, 2010. The balance at the time of purchase was $1,811.61.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 17, 2003 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 30, 2010. The balance at the time of purchase was $1,931.01.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on June 20, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 11, 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 September 29, 2011. The balance at the time of purchase was $6,469.83.
A review of Midland Credit’s business records indicates that on May 28, 2013, account no. [redacted] was assigned to Midland Credit’s internal legal collections department (“Internal Legal”) whose mailing address is [redacted]. Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm.
Midland Credit mailed [redacted] separate and unique validation letters – on May 4, 2012 for account no. [redacted], on June 13, 2012 for account no. [redacted], and on July 1, 2012 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to the same [redacted] address listed within [redacted]’s complaint via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received by Midland Credit from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also expresses a concern that the above-referenced accounts are attached to an address in another state that does not belong to him. In the normal course of its business practices to maintain the most current contact information of consumers, and without any response to Midland Credit’s attempts to contact [redacted], a [redacted] address believed to be his was provided to Midland Credit by a third party. In reliance on that information, Midland Credit adjusted its files accordingly, which included using the [redacted] address when reporting to the credit bureaus at that time.
Midland Credit has updated its computer system for the above-referenced accounts to once again show [redacted]’s current address as [redacted]. Updates for all three of the above-referenced accounts have been sent to the credit reporting agencies in order to reflect a return to the [redacted] address and as the accounts remain valid, due and owing to it, Midland Credit will continue to report them in accordance with applicable law.
If [redacted] is ready to settle the above-referenced debts, [redacted] may qualify for a reduction in his account balances. In relation to account nos. [redacted] and [redacted], please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balances. In regard to account no. [redacted] may reach [redacted] at their contact information provided above should he wish to discuss the account or repayment options.
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 Ms. [redacted]:
Thank you for your follow-up letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 18, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated July 13, 2015. Mr. [redacted] now requests an explanation of the current balance on the 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.
Accordingly, Mr. [redacted]’s account has accrued interest at a rate of 6% between the time the account was purchased in June 2011 and December 2014, at which time Midland Credit made the business decision to stop doing so. As evidenced in the verification information previously provided to Mr. [redacted], and enclosed here again, the interest rate charged by the original creditor prior to charge-off was 14.99%
Based on the above, Midland Credit must respectfully conclude that it is accurately reporting the account to the three major credit reporting agencies. However, per Mr. [redacted]’s request to cease collection activity, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Mr. [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 Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved. I would like this to be noted on their Revdex.com record. I was pretty upset.
Regards,
[redacted]
Dear Ms. [redacted]:
Thank you for your follow-up letter inquiry regarding Mr. [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 10, 2017. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated May 4, 2017.
Mr. [redacted] continues to request the tradelines for the above-referenced accounts to be removed from his credit reports. After reviewing his latest submission to your office, Midland Credit respectfully maintains its position provided in its previous response and reiterates that it has acted appropriately. The account information being furnishing to the three major credit reporting agencies for the above-referenced accounts is accurate.
Mr. [redacted] additionally states he is willing to share proof regarding his claims. To date, Midland Credit has not received any information which would invalidate either of the above-referenced debts. However, Midland Credit is more than willing to review any documentation Mr. [redacted] can provide. Please advise him to contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should he wish to discuss the matter further.
In the meantime, per Mr. [redacted] previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, Mr. [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Thank you again for your assistance in this matter.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Division Manager, Consumer Support Services[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I am requesting information from midland with my signature and account records showing that this debt is indeed mine. I have no records of this debt. I have reason to belive that there is mistake on who owns this debt. Basically I need irresable proof including the original account number as the burden of proof lies on midland. I am requesting a arbitrator along with a case date to resolve this matter. I will also peruse litigation in small claims court.
Regards,
[redacted]
Dear [redacted]
Thank
you for your follow-up letter inquiry dated October 21, 2014, regarding [redacted]’s complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received
the same day via
E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated October 16, 2014. In
his follow-up, [redacted] writes that he has not received any correspondence
regarding the account. As referenced in
Midland Credit’s previous response letter, Midland Credit mailed [redacted] the
initial validation letter on July 18, 2012.
The letter was mailed to [redacted] at the same address listed
within his complaint, via the United States Postal Service. The letter was not returned as
“undeliverable,” satisfying the requirements set forth within the Fair Debt Collection
Practices Act (“FDCPA”).
Midland Credit’s business records indicate
that it did not receive any correspondence disputing the debt or requesting
validation from [redacted] until September 30, 2014, which cannot be
considered timely. While [redacted]’s
request was untimely, a copy of the verification information provided by the
seller was enclosed with Midland Credit’s previous response letter for his
records. Midland Credit maintains its
position that it has acted timely and appropriately and its business records
indicate that the account is accurately reporting to the credit reporting
agencies.
Aside from the above, [redacted] writes that
he cannot repay the debt, and that his only income is from Social Security
benefits. As stated in Article 3 of its
Consumer Bill of Rights, Midland Credit stands ready to assist [redacted], and
will cease collection activities when it receives documentation indicating that
[redacted]’s only source of income is from exempt sources, such as Social
Security, and that he has no access to other assets. [redacted] may submit the appropriate
documentation to Consumer Support Services at the address on this letter
head.
Midland Credit also stands ready to assist
[redacted] in clearing his record if he has been a victim of identity theft or
fraud. If such is in fact the case,
Midland Credit respectfully requests that [redacted] provide it with a copy of
either a police report or affidavit of fraud showing that he reported the
fraudulent activity. Please note that an
affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may still forward appropriate
documentation to Consumer Support Services at the address on this letterhead.
In the meantime, the account will remain coded
“Cease and Desist.” While it remains due
and owing, [redacted] will continue to not receive contact from Midland Credit
representatives unless a response is required by law.
Midland Credit considers consumer complaints
a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the
inconvenience caused to [redacted].
Thank you again for your assistance in this
matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit
Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs &
Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
:
Thank you for your letter inquiry dated September 11, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 3, 2012 as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 17, 2013. The balance at the time of purchase was $299.90. Final payment on the account was received on May 8, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that his validation requests have been ignored. On March 29, 2013, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. While Midland Credit did receive notices of possible disputes from the credit reporting agencies, a review of Midland Credit’s business records indicates that it did not receive any written correspondence disputing the account or requesting validation from [redacted] until the complaint filed through your office, which cannot be considered timely. With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
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.
Further review of Midland Credit’s business records indicates that on May 15, 2014, June 5, 2014, and June 18, 2014, Midland Credit receives written correspondence from [redacted], requesting a goodwill adjustment and the removal of the account from his consumer credit files. [redacted] states that he was told by a Midland Credit representative that upon payment to settle the account the account would be deleted from his credit report. Midland Credit has investigated [redacted]’s claim, and has determined that the Midland Credit representative acted appropriately and pursuant to applicable law.
[redacted] was advised that should he pay the full balance, Midland Credit would report the account as “Account paid in full, was a collection account,” or, should [redacted] pay less than the full balance, Midland Credit would report an additional memo stating “Account paid in full for less than the full balance.” [redacted] then agreed to settle the account and pay the full balance. It is Midland Credit’s policy to report all accounts accurately. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear Ms. [redacted]:
Thank you for your letter inquiry dated November 19, 2014, regarding Mrs. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, Mrs. [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Midland Credit had no information that it was contacting a wrong number for the consumer until it was advised during a call on November 18, 2014, at which time Mrs. [redacted]’s phone number was marked “Wrong Number” in Midland Credit’s computer system for the account. Since then, the phone number has not been dialed.
You will continue to not receive calls from Midland Credit representatives regarding the account. Additionally, your phone number, ###-###-#### has been added to an exclusion list to prevent it from being called in the future regarding the account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mrs. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ###-###-#### should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
May 5, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on August 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 28, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 23, 2012. The balance at the time of purchase was $798.13.
[redacted] expresses a concern that he has not received validation of the debt, which he believes is fraudulent and inaccurately reporting on his consumer credit files. On or about October 10, 2014, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint, 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 notice of possible dispute from the credit reporting agencies on or about March 25, 2015, which cannot be considered timely. Midland Credit did not receive written correspondence directly from [redacted] prior to the complaint filed through your office, which also cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. A review of Midland Credit’s business records indicates that it is accurately reporting the account to the three major credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
January 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 11, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office. A review of the previous response sent indicates the letter had a date of January 4, 2015. Please note there was a typographical error as this response was actually sent on January 4, 2016.
[redacted] expresses a concern that a debt collector must send a validation notice to a valid address where the consumer may live, and that Midland Credit intentionally sent the letter to an address where he would not receive it. A review of Midland Credit’s business records indicate that the address to which the validation letter was sent to was provided by the seller. Based on that, Midland Credit attempted to contact [redacted] using that address. Upon receipt of the original complaint through your office, Midland Credit has confirmed its records reflect the address provided by [redacted] in the complaint.
[redacted] continues to express a concern that he has not received proof of the validity of the debt. Midland Credit provided account verifying information in its previous response. As mentioned in that response, the original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.
[redacted] also states that the documentation previously provided did not show the current business relationship. The validation documentation is once again enclosed, along with a copy of the bill of sale verifying Midland Funding as the rightful owner of the account. A copy of a seller data sheet confirming the account was included in the purchase from Asset Acceptance, LLC is also enclosed. 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.
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 5, 2014 VIA E-Mail Ms. [redacted]Revdex.com of San Diego5050 Murphy Canyon, Ste. 110San Diego, CA 92123 Re: Consumer complaint of Ms. [redacted]Revdex.com# [redacted] MCM#...
[redacted], and [redacted] Dear Ms.[redacted]: Thank you for your letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 21, 2014. Midland Credit appreciates the opportunity to answer your questions. Ms. [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 is the servicer of three accounts belonging to Ms. [redacted] being reported to the credit reporting agencies. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 28, 2007, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 10, 2009. The balance at the time of purchase was $1,071.06. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 25, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 6, 2009. The balance at the time of purchase was $1,098.50. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 27, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 11, 2006, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 2, 2009. The balance at the time of purchase was $1,020.44. Ms. [redacted] expresses a concern that she has not been provided with verification of the debts. Midland Credit mailed Ms. [redacted] separate and unique validation letters – on October 9, 2009, for account no. [redacted], on October 17, 2009, for account no. [redacted], and on July 12, 2009, for account no. [redacted]. These letters informed Ms. [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692. Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from Ms. [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first direct correspondence requesting validation from Ms. [redacted] on November 4, 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 notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debts. Ms. [redacted] also requests the date of last activity. A review of Midland Credit’s business records indicates that the last payments made on the accounts occurred for account nos. [redacted] and [redacted] on July 1, 2008, and for account no. [redacted] on July 2, 2008. The seven-year Federal Reporting period, which is calculated using the date of first delinquency, is not set to expire until August 2015 for each of the above-referenced accounts. Please note that this does not extinguish the debts, rather, it prevents the accounts from being reported to the credit reporting agencies. The accounts will still remain collectible, due and owing to Midland Credit. Midland Credit is accurately reporting the above-referenced accounts to the three major credit reporting agencies. Copies of the verification information provided by the respective sellers are enclosed for Ms. [redacted]’s records. When Ms. [redacted] is ready to settle these debts, she may qualify for a reduction in her account balances. Please have Ms. [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching resolutions that will be both beneficial to her, as well as settle the account balances. In the meantime, per Ms. [redacted]’s previous request, the accounts will remain marked “Direct Mail Only.” While they remain due and owing, Ms. [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 Ms. [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], Esq.Corporate Counsel, Legal Affairs & Compliance*Admitted in Colorado; Registered In-House Counsel in California [redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
January 30, 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 March 17, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates
this account was originated on April 23, 2009, 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 28, 2010. The balance at the time of purchase was $1,444.64.
On March 20,
2011, Midland Credit mailed [redacted] a
validation letter, which informed her that Midland Funding had acquired the
account, and of her rights pursuant to the Fair Debt Collection Practices Act,
15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was
not returned as “undeliverable” by the United States Postal Service, satisfying
the notification requirements of the FDCPA. 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 her on January 5, 2015, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
Midland
Credit received notification of a possible dispute through the credit reporting
agencies on April 17, 2014. Although the
request was not timely, verification information provided by the seller was
mailed to [redacted] in response to her dispute. A copy of the verification information
provided by the seller is enclosed.
[redacted] questions whether the account is collectible due to the expiration of
the statute of limitations. A review of
Midland Credit’s business records indicates that the statute of limitations
does not expire until August 28, 2015.
However, please note that the passing of the statute of limitations does
not extinguish the validity of the debt.
Rather, it eliminates litigation as a potential remedy. Suit was filed on July 22, 2011, prior to the
expiration of the statute of limitations.
Additionally, although the suit was subsequently dismissed without
prejudice on December 6, 2011, please note that such a dismissal also does not
extinguish the validity of the debt. The
above-referenced account still remains collectible, due and owing to Midland
Credit.
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. Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive
resolution. She may reach [redacted] at their contact information provided above.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me as soon as this negative trade line completely removed from three credit report agencies . I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]