Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 3, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015.
[redacted] states that she has made several attempts to resolve this matter and alleges that Midland Credit refuses to acknowledge her previous payment plan. As stated in its previous response, [redacted] previous plan was voided due to late payments. However, Midland Credit is willing to re-honor the payment agreement to settle the balance for $3,115.12.
A review of Midland Credit’s business records indicates that on March 2, 2015, [redacted] called Midland Credit and set up a payment arrangement of $88.13 monthly until the settlement balance is met. Midland Credit must respectfully conclude that [redacted] concerns have been addressed.
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 Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 31, 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 January 31, 2013. Information provided by the seller, [redacted]C, at the time of acquisition indicates this account was originated on September 21, 2007 as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 4, 2012. The balance at the time of purchase was $1,218.02.
Ms. [redacted] expresses a concern that she has not been provided with a breakdown of the charged incurred by [redacted] for the debt. On March 15, 2013, Midland Credit mailed Ms. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. In fact, no correspondence was received directly from Ms. [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 Ms. [redacted] and collect the debt.
As indicated in Ms. [redacted]’s submission through your office, she spoke with Midland Credit representatives regarding the account. Midland Credit would first like to thank Ms. [redacted] for complimenting the representatives on their attempts to assist her. And although a review of Midland Credit’s business records indicates all of the account balance information provided to it by the seller has been given to Ms. [redacted], Midland Credit apologizes that its representatives were unable to further assist in the matter.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection account in question from Ms. [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 Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com 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 December 15, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 7, 2006, as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 31, 2008. The balance at the time of purchase was $7,797.89.
While not the only item of concern in [redacted] complaint, she states that Midland Credit has contacted her sister concerning the above-referenced debt. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Midland Credit has a strict business policy to verify an individual’s identity on all calls to ensure that private consumer information is not released to an unauthorized third party. A review of Midland Credit’s business records does not indicate that any violation of this policy has occurred. However, if [redacted] can provide Midland Credit with specific examples, including the date and time in which the specific call occurred, Midland Credit will investigate the matter further.
[redacted] also writes that she does not believe the account is hers, and that her requests for validation have been ignored. Pursuant to Midland Credit’s standard business practices, on December 6, 2013, Midland Credit mailed the initial validation letter to [redacted], advising her of the role of Midland Credit as the servicer of the account and providing her with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
In that letter, Midland Credit provided the required disclosure of rights set forth in the 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).
Upon receipt of [redacted] complaint, Midland Credit acknowledged [redacted]’s dispute and annotated the account as disputed. Midland Credit has received verification information from the seller. A copy is enclosed for [redacted]’s records. Midland Credit has acted in a timely manner in accordance with applicable law. However, in accordance with its Consumer-first policy, Midland Credit has made the business decision to remove the tradeline from [redacted] credit report for the above-referenced account. With that said, the account remains valid, due, and owing to Midland Credit.
Midland Credit stands ready to assist [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 [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 [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have it notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
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.
However, if [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 18, 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 31, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 19, 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 15, 2010. The balance at the time of purchase was $13,093.16.
[redacted] expresses a concern that the account was placed on his credit report in July 2015, however he was not made aware of it. A review of Midland Credit’s business records indicate that while the account was purchased in July 2015, Midland Funding did not begin furnishing account information to the credit bureaus until December 2015. It appears the date [redacted] is referring to is in fact the date of purchase by Midland Funding LLC.
Please note, Midland Credit sent [redacted] a validation letter on August 19, 2015. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692. Midland Credit’s business records indicate that it has not received any correspondence from [redacted] pursuant to the [redacted] Finance Code.
[redacted] indicates that this is not his debt. Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If this is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] may forward appropriate documentation to Consumer Support Services using the contact information on this letterhead.
With that said, in response to a phone conversation between a Midland Credit representative and [redacted] on April 11, 2016, Midland Credit acknowledged [redacted] dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint.
For your reference, details of the offer I reviewed appear below.
They haven't proved that I made my last bank payment on August of 2011, haven't proven that [redacted] Statue of limitations is three years from the last payment made on the account and that I only owe 1,200 nor 2,700. They have only sent a spreadsheet, not proof of a bank payment. I have my bank statements and am ready to prove it.
[redacted] Statute of Limitations on Debt Collection
Just because a debt is old, that does not mean that the statute of limitations will protect you from the collection efforts of the creditor. The time to start counting time, for purposes of a statute of limitations, is the time that the debt became a "charged off" account. In other words, you don't start counting from the day you opened the credit account. You start counting from the date it was closed on you or that you stopped paying for it.
If you are being sued by a collector for a debt you think has been outstanding for a very long time, try to locate your last payment record.
Expressed or implied but not written contracts, obligations or liabilities: 3 years Here are the [redacted] Laws.
In regards to they never have complaints against them ha, they need to check out the Revdex.com Website, they have over 1,000 complaints about fraud, changing dates so the stuatue of limitations can be changed. [redacted] Laws state you can't me after three years and its been three years, I've also filed a complaint with the FTC and the [redacted] Attorney General. I want proof not just you saying you can sue me. Thank you
Regards, [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.Thank you Revdex.com for your help!
Regards,
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 6, 2015. Midland Credit apologizes for the confusion its previous response caused to [redacted]. [redacted] writes that she never had a credit card with a $297.00 balance, and that her dispute did not have anything to do with a [redacted] auto loan account. However, [redacted] then requests information concerning both the credit card account, and the auto loan with [redacted].
As stated in its previous response, and to further clarify: Midland Credit is the servicer of two accounts belonging to [redacted]. Account no. [redacted] is a [redacted] account. Account no. [redacted] is a [redacted] auto deficiency account. For clarity the accounts have been separated below.
Account Number [redacted]
This account was a [redacted]. As stated in its previous response, Midland Credit mailed [redacted] a validation letter for this account on March 16, 2007. Midland Credit did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. [redacted]’s first request for validation was received on December 1, 2014. Midland Credit respectfully maintains its position that [redacted]’s request cannot be considered timely.
With that said, [redacted] states that she is unfamiliar with account no. [redacted]. Midland Credit stands ready to assist [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 [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 [redacted] If submitting an affidavit of fraud, [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.
Account Number [redacted] writes that the [redacted] complaint is being handled by the government. In its initial response, Midland Credit stated it had received a complaint filed with the Consumer Financial Protection Bureau (“CFPB”), and would be addressing her concerns within that complaint in its response to the CFPB. Midland Credit has since submitted its response to the CFPB. A copy of the response is enclosed.
[redacted] also requests documents showing that she owes the balance for account no. [redacted]. As stated in its response to the CFPB, this account was outsourced to the law firm of [redacted] (“[redacted]”) on November 10, 2007. Judgment was granted on December 1, 2008. The account was subsequently reassigned to Midland Credit’s Internal Legal Collections Department (“Internal Legal”) on January 8, 2014. A copy of the judgment is enclosed, along with verification documentation provided by the seller. Midland Credit encourages [redacted] to continue to work with Internal Legal to assist in reaching a positive resolution.
Per [redacted]’s previous request, the above-referenced accounts will remain marked “Cease and Desist.” While the accounts remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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 April 22, 2016. Midland Credit appreciates the opportunity to answer your questions. Please note that Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 20, 2016.
[redacted] states that she has reviewed Midland Credit’s response to her initial complaint. [redacted] advised that Midland Credit’s actions would not resolve her complaint. However, in review of [redacted]’s recently received complaint, she did not provide any details regarding why she was not satisfied with Midland Credit’s resolution. Without [redacted] providing further details regarding the reason of her continued dispute, Midland Credit stands by its previous response.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have made several attempt to resolve this matter and midland credit management refuse to acknowledge my previous agreement of $3,115.12of which I owe $$1938.86.
Regards,
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 7, 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 January 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 16, 2003, as a [redacted] account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 22, 2011. The balance at the time of purchase was $2,382.04. Final payment on the account was received by Midland Credit on February 28, 2013. [redacted] has no further financial obligation for this account.
[redacted] states that after she paid the account, the collection tradeline was removed from her credit report and was reinstated in June 2016. Midland Credit acted in a timely manner and has complied with all applicable laws. Upon resolution of the account balance, Midland Credit appropriately notified the credit reporting agencies to reflect the paid status of the debt. No further updates were made to the information being furnished to the credit reporting agencies after the last update sent in June of 2013 to again reflect the account was paid. Please note, Midland Credit has no control over the manner in which each credit reporting agency decides to display information that was furnished.
With that said, Midland Credit recently updated its credit reporting policy to remove paid tradelines after two years from the date of delinquency. As such, the three credit-reporting agencies were notified to remove reference of this account from [redacted] consumer credit files on or about October 8, 2016.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated December 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 10, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 1, 2006, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 11, 2009. The balance at the time of purchase was $913.77.
[redacted] expresses a concern that Midland Credit has failed to provide her with validation of the debt. Midland Credit sent [redacted] a validation letter on April 15, 2009. In the letter, Midland Credit informed her 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”). Please note that the letter was mailed to [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 received the first correspondence from [redacted] on July 15, 2009. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Based on the information [redacted] provided and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on the same day, providing her with account information. In response to further disputes received on September 15, 2014, and October 13, 2014, Midland Credit sent letters to [redacted] on September 19, 2014 and October 17, 2014, respectively, advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
[redacted] also claims that her request for Midland to cease contact was ignored. Midland Credit received [redacted]’s request on September 15, 2014. Within the correspondence, [redacted] only requested phone contact to cease. Upon receipt, the account was marked “Direct Mail Only” to prevent further calls. In fact, a review of Midland Credit’s business records indicates that no calls have been made to [redacted] since April 2014.
Please note that based on the information provided by the seller, Midland Credit maintains that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
With that said, Midland Credit stands ready to assist [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 [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 [redacted] If submitting an affidavit of fraud, [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 [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence and continue to not receive calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your follow-up letter regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 2, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] continues to express concern that Midland Credit has failed to provide
her with validation of the debt. As
stated in its previous response, [redacted] request for validation was
untimely. With that said, a copy of the documentation provided by the seller is
enclosed for [redacted] 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).
[redacted] also indicates that as she was divorced in 2009, and may not be
responsible for the debt. Please note that a divorce decree alone does
not transfer responsibility of the debt to another party. However, if [redacted] has documentation in
addition to a divorce decree which would indicate that she is no longer the
responsible party for this debt, please have her forward it to the address on
this letterhead. Alternatively, [redacted] may contact Midland Credit’s Consumer Support Services Department at [redacted] should she have any further questions.
Based
on the information provided by the seller, Midland Credit has determined that
its credit file and credit reporting of the above-referenced account is
accurate. Midland Credit will be closing
its investigation of [redacted] dispute and will be resuming regular
collection activities as allowed by the [redacted] Finance Code and/or the Fair
Credit Reporting Act.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her
account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as
well as resolve the account balance.
Per [redacted] previous request, the above-referenced account will remain marked
“Cease and Desist.” While it remains due
and owing, [redacted] will continue to not receive correspondence or calls from
Midland Credit representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Yes I would like the Revdex.com to continue to investigate this complaint against Midland. Midland has been known by others to use a scanned signature to add to forged documents, that was my concern with my signature and midland. These accounts are not mine, but midland refuses to validate them or...
remove them from my credit which has caused me a denial for a mortgage.Yes, please continue to investigate.
September 2, 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 August 19, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 10, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2007 as an [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 June 30, 2009. The balance at the time of purchase was $1,085.09.
[redacted] disputes the above-referenced debt. Pursuant to Midland Credit’s standard business practices, on June 25, 2011, Midland Credit mailed an initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”). Please note, the letter was mailed to [redacted], which was the address supplied to Midland Funding by the seller upon sale of the account.
While Midland Credit has acted in a timely manner and complied with all applicable laws, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’ 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]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 9, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 27, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 12, 2012 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 8, 2015. The balance at the time of purchase was $931.46.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 4, 2016. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 30, 2014 as an [redacted]. general consumer loan account number [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 8, 2015. The balance at the time of purchase was $2,709.03.
[redacted] states that he cannot afford to pay the account balances because his only source of income is from Social Security Disability payments. Additionally, [redacted] requests that Midland Credit cease credit reporting for the above-referenced accounts due to his hardship. A review of Midland Credit’s business records indicates that a call was received from [redacted] on November 2, 2016, at which time he advised that Social Security Disability was his only source of income. During the call, a Midland Credit representative requested that [redacted] forward appropriate documentation in support of his claim to Midland Credit via fax so that his accounts could be updated accordingly. [redacted] agreed to provide the documents and also asked that in the meantime, Midland Credit refrain from calling or mailing letters regarding the accounts. The above-referenced accounts were marked “Cease and Desist” at that time.
On that same day, Midland Credit received an email from [redacted] wherein he attached a copy of the supporting documentation from the Social Security Administration. Midland Credit continues to be sensitive to [redacted]’ situation, and in keeping with the Forgiveness and Hardship Guidelines found in Article 3 of its Consumer Bill of Rights, has ceased collection activities.
Please note that Midland Credit has not furnished account information to the credit bureaus for account no. [redacted]. With regard to account no. [redacted], Midland Credit has notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’ consumer credit files. A copy of this notification is enclosed for [redacted]’ records.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]:
Thank you for your follow-up letter inquiry dated October 7, 2014 regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Office of the Attorney General, State of [redacted] (“AG”) and Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the AG, which includes its reply to the CFPB and its original response to your office, is enclosed.
[redacted]’s follow-up with your office reiterates her concerns about the Statute of Limitations as it relates to the above-referenced account. As previously stated, the verification information provided by the seller indicates the last payment on the account was in the amount of $256.00, and was made on August 2, 2012. Midland Credit does not alter or modify any of the original account information provided by the seller and maintains its position that the Statute of Limitations will not expire until September of 2015.
Moreover, if Midland Credit were to agree with [redacted] that the charge-off date controlled the calculation, the statute of limitations would not expire until March 18, 2016, as the account was not charged-off by the original creditor until March 18, 2013 – after the last payment made on the account. Thus, under [redacted]’s reading of the statute, Midland Credit would actually have more time to exercise appropriate judicial remedies than under Midland Credit’s current practice. Midland Credit is confident that its interpretation of the various state statutes of limitations is correct. With that said the account is not currently placed with a law firm and no lawsuit has been filed.
Additionally, [redacted] disputes the balance of the account. The current balance of $2,773.98 due and owing to Midland Credit is comprised solely of the purchase balance from the seller. Midland Credit has not added any interest or fees to [redacted]’s account. If she is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in her account balance. She may contact Midland Credit Account Manager [redacted] to discuss repayment options. [redacted] can be contacted at [redacted]
Please note that until written notification is received that [redacted] is not represented by an attorney and that she would like to resume communications with Midland Credit, such contact should be conducted by her legal representative. In the meantime, per [redacted]’s previous request, the above-referenced account remains marked “Cease and Desist.” While it remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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.
Most of what was communicated In the reply from Midland LLC are just legal justification that I had Infaxt obtained the credit and that the account was charged off, as for as being served with court documents I have never received any such paper even though they state that it was delivered, also I was never offered a settlement in the past other that each time I had a phone conversation with a representative their primary concern was only to collect the debt. Every attempt they made to collect such debt I tried to explain the debt was paid and with no paper trail proof to submit I am basically forced to accept such debt. My ultimate resolution is to clear this debt up and stop occurring more interest as this continue to drag out, it's a charge off account which unfortunately was bought as a third party as a means to be profitable for the purchaser, I am however willing to work out a settlement with the business to hopefully reslve and end this ongoing cost to not only my lovely hood but my credibility, thanks on advance.
Regards,
[redacted]
Thank you for your letter inquiry dated August 18, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Mr. [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 April 23, 2013. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on December 28, 2008 as a T-Mobile cellular account number ending in 1201, 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 27, 2012. The charge-off balance was $1,444.23. Additional seller fees of $358.17 resulted in a balance at the time of purchase by Midland Funding of $1,802.40.
Mr. [redacted] writes that Midland Credit has not provided validation of the debt and requests that Midland Credit remove its tradeline from his consumer credit files. Midland Credit sent Mr. [redacted] a validation letter on December 4, 2013. 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”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence from Mr. [redacted] in response to that letter or pursuant to the Texas Finance Code. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Midland Credit 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, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been notified to delete all reference to the account in question from Mr. [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 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
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 31, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 2, 2012, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the credit card account was charged-off as an unpaid delinquent-debt on July 19, 2013. The balance at the time of purchase was $684.40. Final payment on the account was received by Midland Credit on April 14, 2015. [redacted] has no further financial obligation for this account.
[redacted] writes that the above-referenced debt is in dispute and requests that the above-referenced account be deleted from his consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which resolved the balance for the above-referenced account, that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
With respect to [redacted]’s claim that the debt is disputed, Midland Credit sent him a validation letter on August 21, 2013. 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 has not received any written correspondence from [redacted] pursuant to the [redacted] Finance Code. However, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
A review of Midland Credit’s business records indicates that in a phone conversation with [redacted] on March 21, 2014, he disputed the debt as fraud. To date, Midland Credit has not received the requested documentation necessary to substantiate his claim. However, while [redacted] paid the account in full subsequent to this verbal dispute, if he still believes the debt to be the product of fraud, Midland Credit respectfully requests that he provide a copy of a police report showing that he reported the fraudulent activity. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Until such documentation has been received, based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate.
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] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 3, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015.
[redacted] states that she has made several attempts to resolve this matter and alleges that Midland Credit refuses to acknowledge her previous payment plan. As stated in its previous response, [redacted] previous plan was voided due to late payments. However, Midland Credit is willing to re-honor the payment agreement to settle the balance for $3,115.12.
A review of Midland Credit’s business records indicates that on March 2, 2015, [redacted] called Midland Credit and set up a payment arrangement of $88.13 monthly until the settlement balance is met. Midland Credit must respectfully conclude that [redacted] concerns have been addressed.
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 Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 31, 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 January 31, 2013. Information provided by the seller, [redacted]C, at the time of acquisition indicates this account was originated on September 21, 2007 as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 4, 2012. The balance at the time of purchase was $1,218.02.
Ms. [redacted] expresses a concern that she has not been provided with a breakdown of the charged incurred by [redacted] for the debt. On March 15, 2013, Midland Credit mailed Ms. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. In fact, no correspondence was received directly from Ms. [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 Ms. [redacted] and collect the debt.
As indicated in Ms. [redacted]’s submission through your office, she spoke with Midland Credit representatives regarding the account. Midland Credit would first like to thank Ms. [redacted] for complimenting the representatives on their attempts to assist her. And although a review of Midland Credit’s business records indicates all of the account balance information provided to it by the seller has been given to Ms. [redacted], Midland Credit apologizes that its representatives were unable to further assist in the matter.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Credit’s reference to the collection account in question from Ms. [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 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]
December 29, 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 December 15, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 7, 2006, as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 31, 2008. The balance at the time of purchase was $7,797.89.
While not the only item of concern in [redacted] complaint, she states that Midland Credit has contacted her sister concerning the above-referenced debt. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Midland Credit has a strict business policy to verify an individual’s identity on all calls to ensure that private consumer information is not released to an unauthorized third party. A review of Midland Credit’s business records does not indicate that any violation of this policy has occurred. However, if [redacted] can provide Midland Credit with specific examples, including the date and time in which the specific call occurred, Midland Credit will investigate the matter further.
[redacted] also writes that she does not believe the account is hers, and that her requests for validation have been ignored. Pursuant to Midland Credit’s standard business practices, on December 6, 2013, Midland Credit mailed the initial validation letter to [redacted], advising her of the role of Midland Credit as the servicer of the account and providing her with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
In that letter, Midland Credit provided the required disclosure of rights set forth in the 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).
Upon receipt of [redacted] complaint, Midland Credit acknowledged [redacted]’s dispute and annotated the account as disputed. Midland Credit has received verification information from the seller. A copy is enclosed for [redacted]’s records. Midland Credit has acted in a timely manner in accordance with applicable law. However, in accordance with its Consumer-first policy, Midland Credit has made the business decision to remove the tradeline from [redacted] credit report for the above-referenced account. With that said, the account remains valid, due, and owing to Midland Credit.
Midland Credit stands ready to assist [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 [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 [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have it notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
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.
However, if [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 18, 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 31, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 19, 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 15, 2010. The balance at the time of purchase was $13,093.16.
[redacted] expresses a concern that the account was placed on his credit report in July 2015, however he was not made aware of it. A review of Midland Credit’s business records indicate that while the account was purchased in July 2015, Midland Funding did not begin furnishing account information to the credit bureaus until December 2015. It appears the date [redacted] is referring to is in fact the date of purchase by Midland Funding LLC.
Please note, Midland Credit sent [redacted] a validation letter on August 19, 2015. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692. Midland Credit’s business records indicate that it has not received any correspondence from [redacted] pursuant to the [redacted] Finance Code.
[redacted] indicates that this is not his debt. Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If this is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] may forward appropriate documentation to Consumer Support Services using the contact information on this letterhead.
With that said, in response to a phone conversation between a Midland Credit representative and [redacted] on April 11, 2016, Midland Credit acknowledged [redacted] dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint.
For your reference, details of the offer I reviewed appear below.
They haven't proved that I made my last bank payment on August of 2011, haven't proven that [redacted] Statue of limitations is three years from the last payment made on the account and that I only owe 1,200 nor 2,700. They have only sent a spreadsheet, not proof of a bank payment. I have my bank statements and am ready to prove it.
[redacted] Statute of Limitations on Debt Collection
Just because a debt is old, that does not mean that the statute of limitations will protect you from the collection efforts of the creditor. The time to start counting time, for purposes of a statute of limitations, is the time that the debt became a "charged off" account. In other words, you don't start counting from the day you opened the credit account. You start counting from the date it was closed on you or that you stopped paying for it.
If you are being sued by a collector for a debt you think has been outstanding for a very long time, try to locate your last payment record.
Expressed or implied but not written contracts, obligations or liabilities: 3 years Here are the [redacted] Laws.
In regards to they never have complaints against them ha, they need to check out the Revdex.com Website, they have over 1,000 complaints about fraud, changing dates so the stuatue of limitations can be changed. [redacted] Laws state you can't me after three years and its been three years, I've also filed a complaint with the FTC and the [redacted] Attorney General. I want proof not just you saying you can sue me. Thank you
Regards, [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.Thank you Revdex.com for your help!
Regards,
[redacted]
March 3, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 17, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 6, 2015. Midland Credit apologizes for the confusion its previous response caused to [redacted]. [redacted] writes that she never had a credit card with a $297.00 balance, and that her dispute did not have anything to do with a [redacted] auto loan account. However, [redacted] then requests information concerning both the credit card account, and the auto loan with [redacted].
As stated in its previous response, and to further clarify: Midland Credit is the servicer of two accounts belonging to [redacted]. Account no. [redacted] is a [redacted] account. Account no. [redacted] is a [redacted] auto deficiency account. For clarity the accounts have been separated below.
Account Number [redacted]
This account was a [redacted]. As stated in its previous response, Midland Credit mailed [redacted] a validation letter for this account on March 16, 2007. Midland Credit did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. [redacted]’s first request for validation was received on December 1, 2014. Midland Credit respectfully maintains its position that [redacted]’s request cannot be considered timely.
With that said, [redacted] states that she is unfamiliar with account no. [redacted]. Midland Credit stands ready to assist [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 [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 [redacted] If submitting an affidavit of fraud, [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.
Account Number [redacted] writes that the [redacted] complaint is being handled by the government. In its initial response, Midland Credit stated it had received a complaint filed with the Consumer Financial Protection Bureau (“CFPB”), and would be addressing her concerns within that complaint in its response to the CFPB. Midland Credit has since submitted its response to the CFPB. A copy of the response is enclosed.
[redacted] also requests documents showing that she owes the balance for account no. [redacted]. As stated in its response to the CFPB, this account was outsourced to the law firm of [redacted] (“[redacted]”) on November 10, 2007. Judgment was granted on December 1, 2008. The account was subsequently reassigned to Midland Credit’s Internal Legal Collections Department (“Internal Legal”) on January 8, 2014. A copy of the judgment is enclosed, along with verification documentation provided by the seller. Midland Credit encourages [redacted] to continue to work with Internal Legal to assist in reaching a positive resolution.
Per [redacted]’s previous request, the above-referenced accounts will remain marked “Cease and Desist.” While the accounts remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
I have completed the release and uploaded the attachment.
Thank you.
Mrs. [redacted]
May 6,...
2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 22, 2016. Midland Credit appreciates the opportunity to answer your questions. Please note that Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 20, 2016.
[redacted] states that she has reviewed Midland Credit’s response to her initial complaint. [redacted] advised that Midland Credit’s actions would not resolve her complaint. However, in review of [redacted]’s recently received complaint, she did not provide any details regarding why she was not satisfied with Midland Credit’s resolution. Without [redacted] providing further details regarding the reason of her continued dispute, Midland Credit stands by its previous response.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have made several attempt to resolve this matter and midland credit management refuse to acknowledge my previous agreement of $3,115.12of which I owe $$1938.86.
Regards,
[redacted]
October 17, 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 7, 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 January 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 16, 2003, as a [redacted] account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 22, 2011. The balance at the time of purchase was $2,382.04. Final payment on the account was received by Midland Credit on February 28, 2013. [redacted] has no further financial obligation for this account.
[redacted] states that after she paid the account, the collection tradeline was removed from her credit report and was reinstated in June 2016. Midland Credit acted in a timely manner and has complied with all applicable laws. Upon resolution of the account balance, Midland Credit appropriately notified the credit reporting agencies to reflect the paid status of the debt. No further updates were made to the information being furnished to the credit reporting agencies after the last update sent in June of 2013 to again reflect the account was paid. Please note, Midland Credit has no control over the manner in which each credit reporting agency decides to display information that was furnished.
With that said, Midland Credit recently updated its credit reporting policy to remove paid tradelines after two years from the date of delinquency. As such, the three credit-reporting agencies were notified to remove reference of this account from [redacted] consumer credit files on or about October 8, 2016.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
December 19, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated December 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 10, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 1, 2006, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 11, 2009. The balance at the time of purchase was $913.77.
[redacted] expresses a concern that Midland Credit has failed to provide her with validation of the debt. Midland Credit sent [redacted] a validation letter on April 15, 2009. In the letter, Midland Credit informed her 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”). Please note that the letter was mailed to [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 received the first correspondence from [redacted] on July 15, 2009. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Based on the information [redacted] provided and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on the same day, providing her with account information. In response to further disputes received on September 15, 2014, and October 13, 2014, Midland Credit sent letters to [redacted] on September 19, 2014 and October 17, 2014, respectively, advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate.
[redacted] also claims that her request for Midland to cease contact was ignored. Midland Credit received [redacted]’s request on September 15, 2014. Within the correspondence, [redacted] only requested phone contact to cease. Upon receipt, the account was marked “Direct Mail Only” to prevent further calls. In fact, a review of Midland Credit’s business records indicates that no calls have been made to [redacted] since April 2014.
Please note that based on the information provided by the seller, Midland Credit maintains that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
With that said, Midland Credit stands ready to assist [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 [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 [redacted] If submitting an affidavit of fraud, [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 [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
In the meantime, per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence and continue to not receive calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your follow-up letter regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 2, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] continues to express concern that Midland Credit has failed to provide
her with validation of the debt. As
stated in its previous response, [redacted] request for validation was
untimely. With that said, a copy of the documentation provided by the seller is
enclosed for [redacted] 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).
[redacted] also indicates that as she was divorced in 2009, and may not be
responsible for the debt. Please note that a divorce decree alone does
not transfer responsibility of the debt to another party. However, if [redacted] has documentation in
addition to a divorce decree which would indicate that she is no longer the
responsible party for this debt, please have her forward it to the address on
this letterhead. Alternatively, [redacted] may contact Midland Credit’s Consumer Support Services Department at [redacted] should she have any further questions.
Based
on the information provided by the seller, Midland Credit has determined that
its credit file and credit reporting of the above-referenced account is
accurate. Midland Credit will be closing
its investigation of [redacted] dispute and will be resuming regular
collection activities as allowed by the [redacted] Finance Code and/or the Fair
Credit Reporting Act.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her
account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as
well as resolve the account balance.
Per [redacted] previous request, the above-referenced account will remain marked
“Cease and Desist.” While it remains due
and owing, [redacted] will continue to not receive correspondence or calls from
Midland Credit representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Yes I would like the Revdex.com to continue to investigate this complaint against Midland. Midland has been known by others to use a scanned signature to add to forged documents, that was my concern with my signature and midland. These accounts are not mine, but midland refuses to validate them or...
remove them from my credit which has caused me a denial for a mortgage.Yes, please continue to investigate.
September 2, 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 August 19, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on June 10, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2007 as an [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 June 30, 2009. The balance at the time of purchase was $1,085.09.
[redacted] disputes the above-referenced debt. Pursuant to Midland Credit’s standard business practices, on June 25, 2011, Midland Credit mailed an initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”). Please note, the letter was mailed to [redacted], which was the address supplied to Midland Funding by the seller upon sale of the account.
While Midland Credit has acted in a timely manner and complied with all applicable laws, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’ 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 letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 9, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 27, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 12, 2012 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 8, 2015. The balance at the time of purchase was $931.46.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 4, 2016. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 30, 2014 as an [redacted]. general consumer loan account number [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 8, 2015. The balance at the time of purchase was $2,709.03.
[redacted] states that he cannot afford to pay the account balances because his only source of income is from Social Security Disability payments. Additionally, [redacted] requests that Midland Credit cease credit reporting for the above-referenced accounts due to his hardship. A review of Midland Credit’s business records indicates that a call was received from [redacted] on November 2, 2016, at which time he advised that Social Security Disability was his only source of income. During the call, a Midland Credit representative requested that [redacted] forward appropriate documentation in support of his claim to Midland Credit via fax so that his accounts could be updated accordingly. [redacted] agreed to provide the documents and also asked that in the meantime, Midland Credit refrain from calling or mailing letters regarding the accounts. The above-referenced accounts were marked “Cease and Desist” at that time.
On that same day, Midland Credit received an email from [redacted] wherein he attached a copy of the supporting documentation from the Social Security Administration. Midland Credit continues to be sensitive to [redacted]’ situation, and in keeping with the Forgiveness and Hardship Guidelines found in Article 3 of its Consumer Bill of Rights, has ceased collection activities.
Please note that Midland Credit has not furnished account information to the credit bureaus for account no. [redacted]. With regard to account no. [redacted], Midland Credit has notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’ consumer credit files. A copy of this notification is enclosed for [redacted]’ records.
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]
Enclosed
Dear [redacted]:
Thank you for your follow-up letter inquiry dated October 7, 2014 regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Office of the Attorney General, State of [redacted] (“AG”) and Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the AG, which includes its reply to the CFPB and its original response to your office, is enclosed.
[redacted]’s follow-up with your office reiterates her concerns about the Statute of Limitations as it relates to the above-referenced account. As previously stated, the verification information provided by the seller indicates the last payment on the account was in the amount of $256.00, and was made on August 2, 2012. Midland Credit does not alter or modify any of the original account information provided by the seller and maintains its position that the Statute of Limitations will not expire until September of 2015.
Moreover, if Midland Credit were to agree with [redacted] that the charge-off date controlled the calculation, the statute of limitations would not expire until March 18, 2016, as the account was not charged-off by the original creditor until March 18, 2013 – after the last payment made on the account. Thus, under [redacted]’s reading of the statute, Midland Credit would actually have more time to exercise appropriate judicial remedies than under Midland Credit’s current practice. Midland Credit is confident that its interpretation of the various state statutes of limitations is correct. With that said the account is not currently placed with a law firm and no lawsuit has been filed.
Additionally, [redacted] disputes the balance of the account. The current balance of $2,773.98 due and owing to Midland Credit is comprised solely of the purchase balance from the seller. Midland Credit has not added any interest or fees to [redacted]’s account. If she is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in her account balance. She may contact Midland Credit Account Manager [redacted] to discuss repayment options. [redacted] can be contacted at [redacted]
Please note that until written notification is received that [redacted] is not represented by an attorney and that she would like to resume communications with Midland Credit, such contact should be conducted by her legal representative. In the meantime, per [redacted]’s previous request, the above-referenced account remains marked “Cease and Desist.” While it remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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.
Most of what was communicated In the reply from Midland LLC are just legal justification that I had Infaxt obtained the credit and that the account was charged off, as for as being served with court documents I have never received any such paper even though they state that it was delivered, also I was never offered a settlement in the past other that each time I had a phone conversation with a representative their primary concern was only to collect the debt. Every attempt they made to collect such debt I tried to explain the debt was paid and with no paper trail proof to submit I am basically forced to accept such debt. My ultimate resolution is to clear this debt up and stop occurring more interest as this continue to drag out, it's a charge off account which unfortunately was bought as a third party as a means to be profitable for the purchaser, I am however willing to work out a settlement with the business to hopefully reslve and end this ongoing cost to not only my lovely hood but my credibility, thanks on advance.
Regards,
[redacted]
Thank you for your letter inquiry dated August 18, 2014, regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Mr. [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 April 23, 2013. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on December 28, 2008 as a T-Mobile cellular account number ending in 1201, 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 27, 2012. The charge-off balance was $1,444.23. Additional seller fees of $358.17 resulted in a balance at the time of purchase by Midland Funding of $1,802.40.
Mr. [redacted] writes that Midland Credit has not provided validation of the debt and requests that Midland Credit remove its tradeline from his consumer credit files. Midland Credit sent Mr. [redacted] a validation letter on December 4, 2013. 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”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence from Mr. [redacted] in response to that letter or pursuant to the Texas Finance Code. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Midland Credit 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, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been notified to delete all reference to the account in question from Mr. [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 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
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 31, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 2, 2012, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the credit card account was charged-off as an unpaid delinquent-debt on July 19, 2013. The balance at the time of purchase was $684.40. Final payment on the account was received by Midland Credit on April 14, 2015. [redacted] has no further financial obligation for this account.
[redacted] writes that the above-referenced debt is in dispute and requests that the above-referenced account be deleted from his consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which resolved the balance for the above-referenced account, that it is Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
With respect to [redacted]’s claim that the debt is disputed, Midland Credit sent him a validation letter on August 21, 2013. 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 has not received any written correspondence from [redacted] pursuant to the [redacted] Finance Code. However, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
A review of Midland Credit’s business records indicates that in a phone conversation with [redacted] on March 21, 2014, he disputed the debt as fraud. To date, Midland Credit has not received the requested documentation necessary to substantiate his claim. However, while [redacted] paid the account in full subsequent to this verbal dispute, if he still believes the debt to be the product of fraud, Midland Credit respectfully requests that he provide a copy of a police report showing that he reported the fraudulent activity. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Until such documentation has been received, based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate.
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] 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