Dear [redacted]?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 10, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account-identifying information in its previous response to your office, dated July 10, 2015. A copy of that response is enclosed. [redacted] also previously filed a complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is also 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 expired on June 13, 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 to collect the debt.
Similar to the statute of limitations, the expiration of the seven-year federal reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year federal reporting period for the above-referenced account does not expire until June 2018.
[redacted] also expresses a concern that Midland Credit does not have adequate documentation to prove that it is lawfully entitled to report this debt on his credit report. As stated in its previous response, [redacted]’s dispute was untimely. With that said, a copy of the documentation provided by the seller is enclosed for [redacted]’s records. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
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]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on February 11, 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 October 22, 2011. The balance at the time of purchase was $794.84. Final payment on the account was received on October 25, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that he is not sure if Midland Credit is a legitimate company, and that when he contacted the original creditor for the above-referenced account, the representative advised him that Midland Credit did not handle collections for it. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also references paying toward a [redacted] account in 2012, but then stopped due to his concerns. A review of Midland Credit’s business records indicates that [redacted] contacted Midland Credit on June 3, 2013, to set up a payment plan to resolve the balance. Final payment on the account was received on October 25, 2013, and [redacted] has no further financial obligation for this account.
[redacted] also states that he recently received a letter regarding a [redacted] account of which he does not have any knowledge. An investigation of the matter indicates Midland Credit is the servicer of a different account belonging to another consumer with the same name as [redacted]’s. During a search for the correct consumer, [redacted]’s address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted]’s address has been marked “Do Not Mail” in Midland Credit’s computer system for the [redacted] account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted]7 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 15, 2015.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this matter...
indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was
originated on November 28, 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 24,
2009. The balance at the time of purchase was $1,285.11.
[redacted] writes that she has never done business with Midland Credit. Please note, when a creditor "charges
off" an account, it means that the creditor no longer believes the
consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor, [redacted], had the right to legally seek repayment of the promissory obligation, the
new third-party purchaser has the right to repayment of the credit
account. The above-referenced account
remains collectible, due and owing to Midland Credit.
[redacted] also writes that Midland Credit did not notify her about the debt. On May 3, 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 written
correspondence disputing the debt or requesting validation from [redacted] in
response to the letter. In fact, no written
correspondence was received directly 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 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 above-referenced account to the three major credit reporting
agencies. If [redacted] is ready to resolve
the above-referenced debt, she may qualify for a reduction in the account
balance. Please have [redacted] call Account
Manager [redacted] at [redacted] to assist her in reaching a
resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted].
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Mr. [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 2016. Midland Credit appreciates the opportunity to answer your questions. Please note, Mr. [redacted] references an account purchased from [redacted]’s, however, a review of Midland Credit’s business records shows that it does not own such an account for Mr. [redacted].
A review of Midland Credit’s business records indicates that Mr. [redacted] has retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have Mr. [redacted] provide his attorney’s information, if applicable, so that we may contact him/her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that Mr. [redacted] is not or is no longer working with legal counsel and will mark his account accordingly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 27, 2016. Information provided by the seller, [redacted] III, LLC at the time of acquisition indicates this account was originated on August 31, 2014, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 17, 2015. The balance at the time of purchase was $458.91.
Mr. [redacted] expresses a concern that his request for validation was ignored. On January 29, 2016, Midland Credit mailed Mr. [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mr. [redacted] in response to the letter. Although no written requests for validation have been received, a copy of the verification information provided by the seller is enclosed for Mr. [redacted]’s records.
During a telephone call from Mr. [redacted] on May 4, 2016, Mr. [redacted] advised that he disputed the referenced debt and believed the account was a result of identity theft. The account was sequestered at that time and shortly thereafter Midland Credit received the current complaint through the Revdex.com.
Midland Credit stands ready to assist Mr. [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 Mr. [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 www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Mr. [redacted] should complete the form and have the form notarized.
Mr. [redacted] can also contact Midland Credit online at www.midlandcreditonline.com/consumer-resolution-center/, where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or Mr. [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Lastly, Mr. [redacted] expresses a concern that Midland Funding is reporting false information to the credit reporting agencies. 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 Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 11, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 10, 2009, 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 June 30, 2010. The balance at the time of purchase was $2,038.60.
[redacted] indicates that the original creditor had determined that the account was fraudulent and had subsequently deleted their trade line from his credit report. Please note that when Midland Funding purchased the account it was not aware that the account was opened fraudulently. In addition, [redacted] states that he mailed letters to Midland Credit disputing the account and had not received a response. Midland Credit does not have a record of receiving written correspondence from [redacted] pertaining to this specific account.
Upon receipt of the complaint filed through your office, Midland Credit was able to confirm with [redacted] that the account was in fact fraudulent. Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
January 13, 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 January 12, 2015. [redacted] writes that he has never received
any communication in writing from Midland.
Midland Credit maintains its position that it sent separate and unique
validation letters to [redacted] for the above referenced accounts on April 27,
2012. The letters were not returned as
“undeliverable” by the United States Postal Service. Subsequently, Midland Credit mailed several
letters to [redacted] in an effort to resolve the account balances and in
response to his dispute notices, none of which were returned as “undeliverable”
by the United States Postal Service.
[redacted] also writes that Midland Credit is reporting incorrect dates of first
delinquency. Information provided by the
seller of the above-referenced accounts, [redacted]., indicates that
[redacted] made a final payment towards account no. [redacted] on May 20, 2010,
and toward account no. [redacted] on April 7, 2010.
As
stated in its previous response, Midland Funding, LLC purchased the
above-referenced accounts on or about April 2, 2012. Midland Credit maintains its position that it
does not alter or modify any of the original account information provided by
the seller, such as the date of occurrence.
Midland Credit reports the information on the accounts it services based
on the business records maintained by the original lender/seller. As such, Midland Credit must respectfully conclude
that it reflects the accurate dates of first delinquency.
Additionally,
[redacted] expresses concern regarding the nomenclature that appears on his
consumer credit files. Although Midland Credit submits updates to the reporting
agencies each month, Midland Credit does not report accounts as “120 days past
due” to the credit reporting agencies.
Depending on the current condition of a given account, Midland Credit
will report that account as either “Account
assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account
paid in full for less than the full balance.”
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
In addition, if [redacted] obtained his credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
Based
on the information provided by the seller, Midland Credit has again determined
that its credit file and credit reporting of the above-referenced accounts are
accurate. Midland Credit will be closing
its investigation of [redacted]’s dispute and will be resuming regular collection
activities as allowed by the [redacted] Finance Code and/or the Fair Credit
Reporting Act.
The
above-referenced accounts will continue to remain marked “Direct Mail
Only.” While they remain due and owing, [redacted] will continue to not
receive phone calls from Midland Credit representatives and all correspondence
will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered
In-House Counsel in California
Thank you for your letter inquiry regarding
Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 11, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter...
indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on April 21, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was
originated on February 27, 2011 as a [redacted] account number ending in [redacted], in the
name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on March 5, 2015. The balance at the time of purchase was $1,042.24.
Mr.
[redacted] expresses a concern that Midland Credit is calling him on an account
that he states has previously been closed and that his validation requests have
been ignored. On May 29, 2015, Midland
Credit mailed Mr. [redacted] a validation letter, which informed him that Midland
Funding had acquired the account, and of his rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to Mr.
[redacted] at the same address listed within his complaint, and was not returned as
“undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Mr. [redacted] in response to the
letter. The FDCPA specifically states
that, unless a consumer provides a debt collector with notice of such a dispute
within 30 days of receiving the initial validation letter, “the debt will be
assumed to be valid by the debt collector.”
15 U.S.C. § 1692g(a)(3). Because
Midland Credit did not receive such a notice at the time, Midland Credit
appropriately proceeded with efforts to contact Mr. [redacted] and collect the
debt. A copy of the verification
information provided by the seller is enclosed for Mr. [redacted]’ records.
Consumers
are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an
account, it means that the creditor no longer believes the consumer will pay
the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right
to legally seek repayment of the promissory obligation, the new third-party
purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
If
Mr. [redacted] still has reason to believe that this account was previously
resolved, he can contact us online at [redacted], where he can email questions to a [redacted]) specialist, find the answers to frequently asked questions, and
upload documents to support his/her request. Uploaded documents are
automatically sent to a [redacted] specialist, who will investigate the consumer’s
question and mail back a response. Or Mr.
[redacted] may forward appropriate documentation to [redacted] using the contact
information on this letterhead.
Mr.
[redacted] also states that he has never given out his cell phone number. Please note that to ensure that it has the
most up to date consumer information, Midland Credit relies on consumer data
provided by third-party vendors. After
reviewing the account, it appears that a third party vendor provided Mr.
[redacted]’s cell phone number. Relying on
that information, Midland Credit updated its records and attempted to contact
Mr. [redacted] using that phone number.
Mr.
[redacted] also states that when Midland
Credit contacted him, the caller would not let him talk and states the caller
kept bothering him. Midland Credit
reviewed its records made to the cell phone number that was provided within the
complaint. After a review of Midland
Credit’s business records, it does not appear that anyone answered the calls
made to that number. If Midland Credit
has called Mr. [redacted] at a different number or he believes that he did in fact
speak to a Midland Credit representative, please call Midland Credit’s Consumer
Support Services team at [redacted] ext. [redacted] to provide additional
information to assist in the investigation.
Midland
Credit sincerely apologizes for any inconvenience this has caused Mr. [redacted]. The above-referenced account has been marked
“Direct Mail Only.” While it remains due and owing, Mr. [redacted] will no
longer receive phone calls from Midland Credit representatives and all
correspondence will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [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
August 14, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated 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 became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 26, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on March 16, 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 June 25, 2012. The charge-off balance was $590.03. Additional seller fees of $147.51 resulted in a balance at the time of purchase by Midland Funding of $737.54.
[redacted] expresses a concern that his requests for validation have been ignored. While Midland Credit is sensitive to [redacted] situation, and is committed to proactively working with him to resolve the issue, there appears to be some confusion concerning Midland Credit’s prior communications. On January 29, 2014, Midland Credit mailed [redacted] a validation letter and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service, and was not returned as “undeliverable” – thus satisfying the requirements set forth within the Fair Debt Collection Practices Act (hereinafter “FDCPA”).
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).)
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on March 18, 2014. Although the request was not timely, Midland Credit acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Verification information provided by the seller was mailed to [redacted] in response to his dispute on April 16, 2014. A copy of the verification information provided by the seller is enclosed for [redacted] records. 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.
With that said, as [redacted] indicates in his complaint that he does not believe the account to be his, 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 deference to [redacted] concerns about excessive contact, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
March 12, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] states that she is still receiving calls
from Midland Credit and provided a screenshot of the calls she is receiving at
her number of [redacted]. As
previously stated, the number [redacted] has provided is not on file in
Midland Credit’s computer system, nor has any record been found of any attempts
to call that phone number.
However, Midland Credit is determined to assist [redacted] in resolving this matter for her.
In order to determine if Midland Credit may be calling another number
which is being forwarded to [redacted], it respectfully requests that she
answer the next call received from the [redacted] phone number. Assuming the calls are originating from
Midland Credit, and are not the result of a third party fraudulently displaying
Midland Credit’s phone number as their own, once [redacted] is in contact with
a Midland Credit representative, she may request that the representative
provide the phone number being dialed.
At that point, [redacted] should request that the representative transfer
her to extension [redacted] to speak with the Consumer Support Services team. The business hours of this team are 8:00am to
4:00pm, Monday through Friday.
Once Midland Credit’s Consumer Support Services team
is provided with the phone number being dialed, it can then accordingly block
that phone number so that [redacted] does not receive further calls. Until that information is provided, as
previously stated in its prior response, Midland Credit has taken all the
appropriate actions to resolve [redacted]’s concerns to the best of its
ability based on the information provided by her.
If the calls are the results of another company or
party displaying Midland Credit’s phone number as their own, [redacted] is
encouraged to contact her phone carrier to locate the origin of the calls. She may then also contact Midland Credit to
provide this info once it is obtained.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit once
again apologizes for the inconvenience [redacted] is experiencing.
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]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
April 6, 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 9, 2011.
Information provided by the seller, [redacted], at the time of acquisition indicates this account
was originated on September 29, 2007, as a [redacted] account number
ending in [redacted], in the name of [redacted] [redacted], under the last four of the social
security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 26, 2009. The balance at the time of purchase was $778.25.
[redacted] writes that he has been told conflicting information about the date that
account will stop reporting to his credit report. Additionally, in phone conversations with
Midland Credit representatives, [redacted] referenced both the seven-year
Federal Reporting Period and the statute of limitations in reference to credit
reporting. To clarify, the statute of
limitations date is the date on which litigation can no longer be pursued as a
potential remedy. A review of Midland
Credit’s business records indicates that the statute of limitations expired on
September 4, 2012. However, please note that the passing of the statute of
limitations does not extinguish the validity of the debt.
Similar
to the statute of limitations, the expiration of the seven-year Federal Reporting
Period also does not extinguish the debt. It only prevents the account
from being reported to the credit reporting agencies. The seven-year
Federal Reporting Period is determined based on the date of original
delinquency. A review of Midland
Credit’s business records indicates that the seven-year Federal Reporting Period
for the above-referenced account will expire in August 2015.
As
described in the complaint, [redacted] questions the alleged conduct of certain
Midland Credit employees. Midland Credit
fully respects consumers’ rights and privacy and has established policies and
procedures designed to protect those rights.
The alleged conduct described by [redacted] has been investigated. A
review of Midland Credit’s business records indicates that [redacted] has
contacted Midland Credit numerous times to request information concerning the
reporting of the account. [redacted]
references a conversation from January 2015, in which he was advised that the
account was “in collection” in March 2008, and that the account would stop
reporting in March 2015. Midland Credit does
not have record of such a conversation in January 2015. Midland Credit’s business records indicate
that the first conversation concerning credit reporting of the account occurred
on March 10, 2015. At that time, [redacted] was appropriately advised of information concerning the date of
delinquency, the seven-year Federal Reporting Period, and statute of
limitations.
On
March 20, 2015, [redacted] again contacted Midland Credit, and was incorrectly
advised by a representative of the account’s date of delinquency, and thusly
the time at which the seven-year Federal Reporting Period would expire. That same day, [redacted] contacted Midland
Credit again and spoke with a representative, and was advised of the correct date
and reporting period for the account.
During subsequent calls, [redacted] was advised of the correct date of
charge-off, date of delinquency, and Federal Reporting Period.
Midland
Credit apologizes for the error and any confusion caused by the
misinformation. Please assure [redacted]
that Midland Credit does not modify or alter any of the original account
information provided by the seller. It
is Midland Credit’s policy to report all accounts accurately. As noted above, the seven-year Federal
Reporting Period for the account will expire in August 2015. 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.
Per
[redacted]’s previous request to not receive phone calls, the above-referenced
account was marked “Direct Mail Only.”
While it remains due and owing, [redacted] will continue to not receive
phone calls from Midland Credit representatives and all correspondence will be
sent via the United States Postal Service.
Midland Credit considers consumer complaints a
serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the
inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Thank you for your letter inquiry regarding [redacted]s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 8, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on June 6, 2007 as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on January 14, 2009. The balance at the time of purchase was $795.54.
[redacted] expresses a concern that Midland Credit has failed to provide him with validation. On October 10, 2009, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 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 [redacted] on April 15, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Although the April 15, 2015 request was not timely, verification information provided by the seller was mailed to [redacted] in response to his dispute on April 24, 2015. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). A copy of the verification information provided by the seller is enclosed.
[redacted] requests information regarding the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations has expired. 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 to collect the debt.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account has expired. Midland Credit ceased credit reporting of the above-referenced account as of May 2015.
[redacted] also requests a copy of an agreement signed between him and Midland Credit Management stating that he has a contractual responsibility for the above-referenced debt. Please note that when a creditor "charges-off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
With that said, to help alleviate [redacted]s concerns, although such documentation is not normally provided, copies of the bills of sale between [redacted], and [redacted] and Midland Funding are enclosed. A copy of a seller data sheet confirming the account was included in the purchase from [redacted] is also enclosed.
Additionally, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please be assured that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies.
With that said, if [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry dated October 24, 2014, regarding Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 31, 2012. Information provided by the seller, General [redacted], at the time of acquisition indicates this account was originated on May 8, 2011, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent debt on December 16, 2011. The balance at the time of purchase was $208.05.
You express a concern that the above-referenced account is the result of identity theft. On January 4, 2013, Midland Credit mailed you a validation letter, which informed you that Midland Funding had acquired the account, and informed you of your 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 you in response to the letter. In fact, no correspondence was received directly from you prior to your complaint, 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 you and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, Midland Credit has received notice that the account was sold in error, and that the seller will be recalling the account. Midland Credit will instruct the three major credit-reporting agencies to delete any reference to the above-referenced account from your consumer credit files. Going forward, please contact the seller to assist you with regards to the above-referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
[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 March 27, 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 February 28, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 26, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 30, 2010. The balance at the time of purchase was $961.75.
[redacted] writes that he received no response to his request for validation. Midland Credit sent [redacted] a validation letter on or about March 11, 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.
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’s business records indicate that it received the first correspondence from [redacted] on February 6, 2015. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on or about February 25, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. Verification information provided by the seller was included with the referenced response letter. An additional copy of the verification information provided by the seller is enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
If [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I do not accept this due to the fact the account should have been terminated because I was incarcerated. I called in ti the [redacted] company before actual incarceration and told them this. They agreed to terminate.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 24, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter...
indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on December 22, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on August 22, 2007, as
a [redacted] account number ending in [redacted], in the
name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on May 31, 2009. The balance at the time of purchase was $9,123.17.
[redacted] states that he does not have an installment agreement with Midland
Credit. Consumers are often unclear as
to what the term “charge off” means for a debt.
When a creditor "charges off" an account, it means that the
creditor no longer believes the consumer will pay the bill and has written the
debt off of its books. Often, they then
sell the debt to a collection agency.
Please note that the underlying promissory obligation remains valid, due
and owing. Just as the original creditor
had the right to legally seek repayment of the promissory obligation, the new
third-party purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
[redacted] also expresses concern that the above-referenced account is reporting as
“120 days past due” on his consumer credit files. Although Midland Credit submits updates to
the reporting agencies each month, Midland Credit does not report accounts as
“120 days past due.” Depending on the
current condition of a given account, Midland Credit will report that account
as either “Account assigned to internal
or external collections,” “Account
paid in full, was a collection account,” or “Account paid in full for
less than the full balance.” Midland Credit’s business records
indicate that it is appropriately reporting the above-referenced account to the
three major credit reporting agencies.
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
In addition, if [redacted] obtained his credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
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 that will be both
beneficial to him, as well as resolve the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Thank you for your letter inquiry dated regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 19, 2014. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, Main Street Acquisition Corp., at the time of acquisition indicates this account was originated on December 7, 2007, as a First Bank of Delaware/Continental Finance MasterCard account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2008. The balance at the time of purchase was $528.88.
Ms. [redacted] expresses a concern that her validation requests have been ignored, alleging the debt does not belong to her. On February 13, 2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Ms. [redacted] at the same address listed within her 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 Ms. [redacted] in response to the letter. While Midland Credit has received notifications from the credit reporting agencies advising it of possible disputes, no correspondence was received directly from Ms. [redacted] prior to the complaint filed through your office.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
While Ms. [redacted]’s request is untimely, a copy of the verification information provided by the seller, which was previously mailed to her on or about November 14, 2014, is enclosed for her records.
Aside from the above, Ms. [redacted] requests that Midland Credit delete the account from her consumer credit files. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire December 2014 at which time credit reporting on this account will cease. Please note that this does not extinguish the debt. Rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit. That being said, Midland Credit has notified the credit reporting agencies to delete all reference to the account from Ms. [redacted]’s consumer credit files due to the impending expiration of the seven-year Federal Reporting Period.
Midland Credit stands ready to assist Ms. [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that Ms. [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Ms. [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if Ms. [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below. As far as debt verification goes, unfortunately, Midland Credit has done nothing to that regard. The previous correspondence used three paragraphs to re-reference the same "information" listed on my credit file. Isn't this considered begging the question? The request for payment on these accounts, which still have not been verified to me (aside from restating the fact that they are on my credit file, which is the reason for this complaint in the first place) does nothing to solve the actual issue. I'm not sure if it is the law, but I believe that it is at the very least fair to provide documentation with signatures of me agreeing to these debts. Otherwise anyone could state that I owe them money and use that same statement as "proof" of me owing them money. Identity theft is on the rise in America and I hope that it doesn't affect me. I have not received letters from Midland Credit in the past. I spent many of the past few years homeless without the ability to receive any mail. Now that I'm more stable and finally getting around to actually take care of problems and erroneous information like this on my credit file, thanks to mobile apps like [redacted] (which makes information like my credit more readily available without having to use a computer or mail.) To be honest with you I'm confused as to how me not being able to respond to a letter that I have never received makes me liable for debts I'm unaware of. I apologize for any inconvenience, but unless the above mentioned information is provided to me I will not acknowledge these debts and also have no choice but to seek legal counsel in order to get this issue resolved promptly.
Regards,
[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit Management...
requires additional time to fully investigate the matter and provide the information requested. Thank you for your understanding, and a response will be provided upon the conclusion of Midland Credit’s investigation.
Thank you for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 10, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account-identifying information in its previous response to your office, dated July 10, 2015. A copy of that response is enclosed. [redacted] also previously filed a complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is also 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 expired on June 13, 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 to collect the debt.
Similar to the statute of limitations, the expiration of the seven-year federal reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year federal reporting period for the above-referenced account does not expire until June 2018.
[redacted] also expresses a concern that Midland Credit does not have adequate documentation to prove that it is lawfully entitled to report this debt on his credit report. As stated in its previous response, [redacted]’s dispute was untimely. With that said, a copy of the documentation provided by the seller is enclosed for [redacted]’s records. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
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]
Enclosure
March 11, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on February 11, 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 October 22, 2011. The balance at the time of purchase was $794.84. Final payment on the account was received on October 25, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that he is not sure if Midland Credit is a legitimate company, and that when he contacted the original creditor for the above-referenced account, the representative advised him that Midland Credit did not handle collections for it. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also references paying toward a [redacted] account in 2012, but then stopped due to his concerns. A review of Midland Credit’s business records indicates that [redacted] contacted Midland Credit on June 3, 2013, to set up a payment plan to resolve the balance. Final payment on the account was received on October 25, 2013, and [redacted] has no further financial obligation for this account.
[redacted] also states that he recently received a letter regarding a [redacted] account of which he does not have any knowledge. An investigation of the matter indicates Midland Credit is the servicer of a different account belonging to another consumer with the same name as [redacted]’s. During a search for the correct consumer, [redacted]’s address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted]’s address has been marked “Do Not Mail” in Midland Credit’s computer system for the [redacted] account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted]7 should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 15, 2015.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this matter...
indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was
originated on November 28, 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 24,
2009. The balance at the time of purchase was $1,285.11.
[redacted] writes that she has never done business with Midland Credit. Please note, when a creditor "charges
off" an account, it means that the creditor no longer believes the
consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor, [redacted], had the right to legally seek repayment of the promissory obligation, the
new third-party purchaser has the right to repayment of the credit
account. The above-referenced account
remains collectible, due and owing to Midland Credit.
[redacted] also writes that Midland Credit did not notify her about the debt. On May 3, 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 written
correspondence disputing the debt or requesting validation from [redacted] in
response to the letter. In fact, no written
correspondence was received directly 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 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 above-referenced account to the three major credit reporting
agencies. If [redacted] is ready to resolve
the above-referenced debt, she may qualify for a reduction in the account
balance. Please have [redacted] call Account
Manager [redacted] at [redacted] to assist her in reaching a
resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted].
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
May 25, 2016
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Mr. [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 2016. Midland Credit appreciates the opportunity to answer your questions. Please note, Mr. [redacted] references an account purchased from [redacted]’s, however, a review of Midland Credit’s business records shows that it does not own such an account for Mr. [redacted].
A review of Midland Credit’s business records indicates that Mr. [redacted] has retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have Mr. [redacted] provide his attorney’s information, if applicable, so that we may contact him/her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that Mr. [redacted] is not or is no longer working with legal counsel and will mark his account accordingly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 27, 2016. Information provided by the seller, [redacted] III, LLC at the time of acquisition indicates this account was originated on August 31, 2014, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 17, 2015. The balance at the time of purchase was $458.91.
Mr. [redacted] expresses a concern that his request for validation was ignored. On January 29, 2016, Midland Credit mailed Mr. [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mr. [redacted] in response to the letter. Although no written requests for validation have been received, a copy of the verification information provided by the seller is enclosed for Mr. [redacted]’s records.
During a telephone call from Mr. [redacted] on May 4, 2016, Mr. [redacted] advised that he disputed the referenced debt and believed the account was a result of identity theft. The account was sequestered at that time and shortly thereafter Midland Credit received the current complaint through the Revdex.com.
Midland Credit stands ready to assist Mr. [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 Mr. [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 www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Mr. [redacted] should complete the form and have the form notarized.
Mr. [redacted] can also contact Midland Credit online at www.midlandcreditonline.com/consumer-resolution-center/, where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or Mr. [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Lastly, Mr. [redacted] expresses a concern that Midland Funding is reporting false information to the credit reporting agencies. 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 Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
October 27, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 11, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 10, 2009, 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 June 30, 2010. The balance at the time of purchase was $2,038.60.
[redacted] indicates that the original creditor had determined that the account was fraudulent and had subsequently deleted their trade line from his credit report. Please note that when Midland Funding purchased the account it was not aware that the account was opened fraudulently. In addition, [redacted] states that he mailed letters to Midland Credit disputing the account and had not received a response. Midland Credit does not have a record of receiving written correspondence from [redacted] pertaining to this specific account.
Upon receipt of the complaint filed through your office, Midland Credit was able to confirm with [redacted] that the account was in fact fraudulent. Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
January 13, 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 January 12, 2015. [redacted] writes that he has never received
any communication in writing from Midland.
Midland Credit maintains its position that it sent separate and unique
validation letters to [redacted] for the above referenced accounts on April 27,
2012. The letters were not returned as
“undeliverable” by the United States Postal Service. Subsequently, Midland Credit mailed several
letters to [redacted] in an effort to resolve the account balances and in
response to his dispute notices, none of which were returned as “undeliverable”
by the United States Postal Service.
[redacted] also writes that Midland Credit is reporting incorrect dates of first
delinquency. Information provided by the
seller of the above-referenced accounts, [redacted]., indicates that
[redacted] made a final payment towards account no. [redacted] on May 20, 2010,
and toward account no. [redacted] on April 7, 2010.
As
stated in its previous response, Midland Funding, LLC purchased the
above-referenced accounts on or about April 2, 2012. Midland Credit maintains its position that it
does not alter or modify any of the original account information provided by
the seller, such as the date of occurrence.
Midland Credit reports the information on the accounts it services based
on the business records maintained by the original lender/seller. As such, Midland Credit must respectfully conclude
that it reflects the accurate dates of first delinquency.
Additionally,
[redacted] expresses concern regarding the nomenclature that appears on his
consumer credit files. Although Midland Credit submits updates to the reporting
agencies each month, Midland Credit does not report accounts as “120 days past
due” to the credit reporting agencies.
Depending on the current condition of a given account, Midland Credit
will report that account as either “Account
assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account
paid in full for less than the full balance.”
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
In addition, if [redacted] obtained his credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
Based
on the information provided by the seller, Midland Credit has again determined
that its credit file and credit reporting of the above-referenced accounts are
accurate. Midland Credit will be closing
its investigation of [redacted]’s dispute and will be resuming regular collection
activities as allowed by the [redacted] Finance Code and/or the Fair Credit
Reporting Act.
The
above-referenced accounts will continue to remain marked “Direct Mail
Only.” While they remain due and owing, [redacted] will continue to not
receive phone calls from Midland Credit representatives and all correspondence
will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered
In-House Counsel in California
[redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding
Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 11, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter...
indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on April 21, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was
originated on February 27, 2011 as a [redacted] account number ending in [redacted], in the
name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on March 5, 2015. The balance at the time of purchase was $1,042.24.
Mr.
[redacted] expresses a concern that Midland Credit is calling him on an account
that he states has previously been closed and that his validation requests have
been ignored. On May 29, 2015, Midland
Credit mailed Mr. [redacted] a validation letter, which informed him that Midland
Funding had acquired the account, and of his rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to Mr.
[redacted] at the same address listed within his complaint, and was not returned as
“undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Mr. [redacted] in response to the
letter. The FDCPA specifically states
that, unless a consumer provides a debt collector with notice of such a dispute
within 30 days of receiving the initial validation letter, “the debt will be
assumed to be valid by the debt collector.”
15 U.S.C. § 1692g(a)(3). Because
Midland Credit did not receive such a notice at the time, Midland Credit
appropriately proceeded with efforts to contact Mr. [redacted] and collect the
debt. A copy of the verification
information provided by the seller is enclosed for Mr. [redacted]’ records.
Consumers
are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an
account, it means that the creditor no longer believes the consumer will pay
the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right
to legally seek repayment of the promissory obligation, the new third-party
purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
If
Mr. [redacted] still has reason to believe that this account was previously
resolved, he can contact us online at [redacted], where he can email questions to a [redacted]) specialist, find the answers to frequently asked questions, and
upload documents to support his/her request. Uploaded documents are
automatically sent to a [redacted] specialist, who will investigate the consumer’s
question and mail back a response. Or Mr.
[redacted] may forward appropriate documentation to [redacted] using the contact
information on this letterhead.
Mr.
[redacted] also states that he has never given out his cell phone number. Please note that to ensure that it has the
most up to date consumer information, Midland Credit relies on consumer data
provided by third-party vendors. After
reviewing the account, it appears that a third party vendor provided Mr.
[redacted]’s cell phone number. Relying on
that information, Midland Credit updated its records and attempted to contact
Mr. [redacted] using that phone number.
Mr.
[redacted] also states that when Midland
Credit contacted him, the caller would not let him talk and states the caller
kept bothering him. Midland Credit
reviewed its records made to the cell phone number that was provided within the
complaint. After a review of Midland
Credit’s business records, it does not appear that anyone answered the calls
made to that number. If Midland Credit
has called Mr. [redacted] at a different number or he believes that he did in fact
speak to a Midland Credit representative, please call Midland Credit’s Consumer
Support Services team at [redacted] ext. [redacted] to provide additional
information to assist in the investigation.
Midland
Credit sincerely apologizes for any inconvenience this has caused Mr. [redacted]. The above-referenced account has been marked
“Direct Mail Only.” While it remains due and owing, Mr. [redacted] will no
longer receive phone calls from Midland Credit representatives and all
correspondence will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [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]
Enclosure
August 14, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated 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 became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 26, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on March 16, 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 June 25, 2012. The charge-off balance was $590.03. Additional seller fees of $147.51 resulted in a balance at the time of purchase by Midland Funding of $737.54.
[redacted] expresses a concern that his requests for validation have been ignored. While Midland Credit is sensitive to [redacted] situation, and is committed to proactively working with him to resolve the issue, there appears to be some confusion concerning Midland Credit’s prior communications. On January 29, 2014, Midland Credit mailed [redacted] a validation letter and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service, and was not returned as “undeliverable” – thus satisfying the requirements set forth within the Fair Debt Collection Practices Act (hereinafter “FDCPA”).
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).)
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on March 18, 2014. Although the request was not timely, Midland Credit acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Verification information provided by the seller was mailed to [redacted] in response to his dispute on April 16, 2014. A copy of the verification information provided by the seller is enclosed for [redacted] records. 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.
With that said, as [redacted] indicates in his complaint that he does not believe the account to be his, 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 deference to [redacted] concerns about excessive contact, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
March 12, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] states that she is still receiving calls
from Midland Credit and provided a screenshot of the calls she is receiving at
her number of [redacted]. As
previously stated, the number [redacted] has provided is not on file in
Midland Credit’s computer system, nor has any record been found of any attempts
to call that phone number.
However, Midland Credit is determined to assist [redacted] in resolving this matter for her.
In order to determine if Midland Credit may be calling another number
which is being forwarded to [redacted], it respectfully requests that she
answer the next call received from the [redacted] phone number. Assuming the calls are originating from
Midland Credit, and are not the result of a third party fraudulently displaying
Midland Credit’s phone number as their own, once [redacted] is in contact with
a Midland Credit representative, she may request that the representative
provide the phone number being dialed.
At that point, [redacted] should request that the representative transfer
her to extension [redacted] to speak with the Consumer Support Services team. The business hours of this team are 8:00am to
4:00pm, Monday through Friday.
Once Midland Credit’s Consumer Support Services team
is provided with the phone number being dialed, it can then accordingly block
that phone number so that [redacted] does not receive further calls. Until that information is provided, as
previously stated in its prior response, Midland Credit has taken all the
appropriate actions to resolve [redacted]’s concerns to the best of its
ability based on the information provided by her.
If the calls are the results of another company or
party displaying Midland Credit’s phone number as their own, [redacted] is
encouraged to contact her phone carrier to locate the origin of the calls. She may then also contact Midland Credit to
provide this info once it is obtained.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit once
again apologizes for the inconvenience [redacted] is experiencing.
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
April 6, 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 9, 2011.
Information provided by the seller, [redacted], at the time of acquisition indicates this account
was originated on September 29, 2007, as a [redacted] account number
ending in [redacted], in the name of [redacted] [redacted], under the last four of the social
security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 26, 2009. The balance at the time of purchase was $778.25.
[redacted] writes that he has been told conflicting information about the date that
account will stop reporting to his credit report. Additionally, in phone conversations with
Midland Credit representatives, [redacted] referenced both the seven-year
Federal Reporting Period and the statute of limitations in reference to credit
reporting. To clarify, the statute of
limitations date is the date on which litigation can no longer be pursued as a
potential remedy. A review of Midland
Credit’s business records indicates that the statute of limitations expired on
September 4, 2012. However, please note that the passing of the statute of
limitations does not extinguish the validity of the debt.
Similar
to the statute of limitations, the expiration of the seven-year Federal Reporting
Period also does not extinguish the debt. It only prevents the account
from being reported to the credit reporting agencies. The seven-year
Federal Reporting Period is determined based on the date of original
delinquency. A review of Midland
Credit’s business records indicates that the seven-year Federal Reporting Period
for the above-referenced account will expire in August 2015.
As
described in the complaint, [redacted] questions the alleged conduct of certain
Midland Credit employees. Midland Credit
fully respects consumers’ rights and privacy and has established policies and
procedures designed to protect those rights.
The alleged conduct described by [redacted] has been investigated. A
review of Midland Credit’s business records indicates that [redacted] has
contacted Midland Credit numerous times to request information concerning the
reporting of the account. [redacted]
references a conversation from January 2015, in which he was advised that the
account was “in collection” in March 2008, and that the account would stop
reporting in March 2015. Midland Credit does
not have record of such a conversation in January 2015. Midland Credit’s business records indicate
that the first conversation concerning credit reporting of the account occurred
on March 10, 2015. At that time, [redacted] was appropriately advised of information concerning the date of
delinquency, the seven-year Federal Reporting Period, and statute of
limitations.
On
March 20, 2015, [redacted] again contacted Midland Credit, and was incorrectly
advised by a representative of the account’s date of delinquency, and thusly
the time at which the seven-year Federal Reporting Period would expire. That same day, [redacted] contacted Midland
Credit again and spoke with a representative, and was advised of the correct date
and reporting period for the account.
During subsequent calls, [redacted] was advised of the correct date of
charge-off, date of delinquency, and Federal Reporting Period.
Midland
Credit apologizes for the error and any confusion caused by the
misinformation. Please assure [redacted]
that Midland Credit does not modify or alter any of the original account
information provided by the seller. It
is Midland Credit’s policy to report all accounts accurately. As noted above, the seven-year Federal
Reporting Period for the account will expire in August 2015. 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.
Per
[redacted]’s previous request to not receive phone calls, the above-referenced
account was marked “Direct Mail Only.”
While it remains due and owing, [redacted] will continue to not receive
phone calls from Midland Credit representatives and all correspondence will be
sent via the United States Postal Service.
Midland Credit considers consumer complaints a
serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the
inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]?
Thank you for your letter inquiry regarding [redacted]s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 8, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on June 6, 2007 as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on January 14, 2009. The balance at the time of purchase was $795.54.
[redacted] expresses a concern that Midland Credit has failed to provide him with validation. On October 10, 2009, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 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 [redacted] on April 15, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Although the April 15, 2015 request was not timely, verification information provided by the seller was mailed to [redacted] in response to his dispute on April 24, 2015. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). A copy of the verification information provided by the seller is enclosed.
[redacted] requests information regarding the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations has expired. 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 to collect the debt.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account has expired. Midland Credit ceased credit reporting of the above-referenced account as of May 2015.
[redacted] also requests a copy of an agreement signed between him and Midland Credit Management stating that he has a contractual responsibility for the above-referenced debt. Please note that when a creditor "charges-off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
With that said, to help alleviate [redacted]s concerns, although such documentation is not normally provided, copies of the bills of sale between [redacted], and [redacted] and Midland Funding are enclosed. A copy of a seller data sheet confirming the account was included in the purchase from [redacted] is also enclosed.
Additionally, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please be assured that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies.
With that said, if [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry dated October 24, 2014, regarding Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 31, 2012. Information provided by the seller, General [redacted], at the time of acquisition indicates this account was originated on May 8, 2011, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent debt on December 16, 2011. The balance at the time of purchase was $208.05.
You express a concern that the above-referenced account is the result of identity theft. On January 4, 2013, Midland Credit mailed you a validation letter, which informed you that Midland Funding had acquired the account, and informed you of your 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 you in response to the letter. In fact, no correspondence was received directly from you prior to your complaint, 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 you and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, Midland Credit has received notice that the account was sold in error, and that the seller will be recalling the account. Midland Credit will instruct the three major credit-reporting agencies to delete any reference to the above-referenced account from your consumer credit files. Going forward, please contact the seller to assist you with regards to the above-referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
April 10, 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 March 27, 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 February 28, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 26, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 30, 2010. The balance at the time of purchase was $961.75.
[redacted] writes that he received no response to his request for validation. Midland Credit sent [redacted] a validation letter on or about March 11, 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.
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’s business records indicate that it received the first correspondence from [redacted] on February 6, 2015. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on or about February 25, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. Verification information provided by the seller was included with the referenced response letter. An additional copy of the verification information provided by the seller is enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
If [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I do not accept this due to the fact the account should have been terminated because I was incarcerated. I called in ti the [redacted] company before actual incarceration and told them this. They agreed to terminate.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 24, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter...
indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on December 22, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on August 22, 2007, as
a [redacted] account number ending in [redacted], in the
name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on May 31, 2009. The balance at the time of purchase was $9,123.17.
[redacted] states that he does not have an installment agreement with Midland
Credit. Consumers are often unclear as
to what the term “charge off” means for a debt.
When a creditor "charges off" an account, it means that the
creditor no longer believes the consumer will pay the bill and has written the
debt off of its books. Often, they then
sell the debt to a collection agency.
Please note that the underlying promissory obligation remains valid, due
and owing. Just as the original creditor
had the right to legally seek repayment of the promissory obligation, the new
third-party purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
[redacted] also expresses concern that the above-referenced account is reporting as
“120 days past due” on his consumer credit files. Although Midland Credit submits updates to
the reporting agencies each month, Midland Credit does not report accounts as
“120 days past due.” Depending on the
current condition of a given account, Midland Credit will report that account
as either “Account assigned to internal
or external collections,” “Account
paid in full, was a collection account,” or “Account paid in full for
less than the full balance.” Midland Credit’s business records
indicate that it is appropriately reporting the above-referenced account to the
three major credit reporting agencies.
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
In addition, if [redacted] obtained his credit report from a compilation
source, the information being reported may appear to vary. The credit bureaus have advised that it
appears this way because they do not directly populate the fields on credit
reports pulled from any source other than directly from the credit bureau
itself.
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 that will be both
beneficial to him, as well as resolve the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Thank you for your letter inquiry dated regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 19, 2014. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, Main Street Acquisition Corp., at the time of acquisition indicates this account was originated on December 7, 2007, as a First Bank of Delaware/Continental Finance MasterCard account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2008. The balance at the time of purchase was $528.88.
Ms. [redacted] expresses a concern that her validation requests have been ignored, alleging the debt does not belong to her. On February 13, 2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Ms. [redacted] at the same address listed within her 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 Ms. [redacted] in response to the letter. While Midland Credit has received notifications from the credit reporting agencies advising it of possible disputes, no correspondence was received directly from Ms. [redacted] prior to the complaint filed through your office.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
While Ms. [redacted]’s request is untimely, a copy of the verification information provided by the seller, which was previously mailed to her on or about November 14, 2014, is enclosed for her records.
Aside from the above, Ms. [redacted] requests that Midland Credit delete the account from her consumer credit files. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire December 2014 at which time credit reporting on this account will cease. Please note that this does not extinguish the debt. Rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit. That being said, Midland Credit has notified the credit reporting agencies to delete all reference to the account from Ms. [redacted]’s consumer credit files due to the impending expiration of the seven-year Federal Reporting Period.
Midland Credit stands ready to assist Ms. [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that Ms. [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Ms. [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if Ms. [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below. As far as debt verification goes, unfortunately, Midland Credit has done nothing to that regard. The previous correspondence used three paragraphs to re-reference the same "information" listed on my credit file. Isn't this considered begging the question? The request for payment on these accounts, which still have not been verified to me (aside from restating the fact that they are on my credit file, which is the reason for this complaint in the first place) does nothing to solve the actual issue. I'm not sure if it is the law, but I believe that it is at the very least fair to provide documentation with signatures of me agreeing to these debts. Otherwise anyone could state that I owe them money and use that same statement as "proof" of me owing them money. Identity theft is on the rise in America and I hope that it doesn't affect me. I have not received letters from Midland Credit in the past. I spent many of the past few years homeless without the ability to receive any mail. Now that I'm more stable and finally getting around to actually take care of problems and erroneous information like this on my credit file, thanks to mobile apps like [redacted] (which makes information like my credit more readily available without having to use a computer or mail.) To be honest with you I'm confused as to how me not being able to respond to a letter that I have never received makes me liable for debts I'm unaware of. I apologize for any inconvenience, but unless the above mentioned information is provided to me I will not acknowledge these debts and also have no choice but to seek legal counsel in order to get this issue resolved promptly.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 1, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit Management...
requires additional time to fully investigate the matter and provide the information requested. Thank you for your understanding, and a response will be provided upon the conclusion of Midland Credit’s investigation.
Thank you for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any 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]