Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] M [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 16, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 17, 2011. Information provided by the seller, Citibank (South Dakota), N.A., at the time of acquisition indicates this account was originated on August 22, 2009, 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 17, 2011. The balance at the time of purchase was $1,186.67.
Mr. [redacted] writes that Midland Credit placed a comment on his credit report which states that he disputes this debt. A review of Midland Credit’s business records indicates that a dispute code was added to this account in 2012, causing the dispute comment to appear on Mr. [redacted]’s credit report. Midland Credit apologizes if this was an error.
Please note that Midland Credit has received several notices of possible dispute from the credit reporting agencies regarding this account. However, as Mr. [redacted] states within the complaint that he is not disputing this debt, Midland Credit has submitted an instant update to the three major credit reporting agencies to remove the dispute comment from his credit report. The credit reporting agencies have advised that this should reflect on Mr. [redacted]’s credit report within 30-60 days.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit again apologizes for any inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted] Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]:
Thank you for your letter inquiry dated October 9, 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.
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 December 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 7, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 15, 2012. The balance at the time of purchase was $3,471.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 29, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 8, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 9, 2014. The balance at the time of purchase was $1,547.19.
[redacted] expresses concern that Midland Credit has attempted to collect the above-referenced debts without taking his situation into account. Midland Credit is sensitive to [redacted]’s situation. However a review of its business records indicates that Midland Credit was never previously made aware of any financial hardships, physical disabilities, or any other reason that would preclude him from being able to work with Midland Credit representatives to resolve the above-referenced accounts.
While Midland Credit continues to service account no. [redacted] directly, a review of its business records indicates that account no. [redacted] was outsourced to the law firm of [redacted] [redacted] on April 28, 2013. [redacted] is located at [redacted] Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm. The firm has advised that [redacted] has never previously contacted them or responded to attempts to resolve the account.
[redacted] also alleges that Midland Credit and/or [redacted] has taped documents to his residence and blocked his driveway. Midland Credit has only sent letters or attempted phone calls to [redacted]. Similarly, [redacted] advises they acted appropriately in their attempts to contact him. Service of process was completed by posting court documents to [redacted]’s home. However, this was an acceptable form of alternate service which was approved by a judge after [redacted] proved that [redacted] had been avoiding service. A copy of the affidavit of service is enclosed. Please note that it shows that an order was granted authorizing alternative method of service for the summons and complaint. A default judgment was subsequently obtained on March 10, 2014. Since [redacted] failed to make arrangements to resolve the judgment, [redacted] appropriately proceeded to obtain a garnishment.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. Based on the information available to it, Midland Credit must respectfully conclude that both its representatives and [redacted] have acted appropriately.
Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution for account no. [redacted]. If [redacted] is ready to resolve account no. [redacted], please have him call Account Manager [redacted] at [redacted] She can assist [redacted] in reaching a resolution that will be both beneficial to him, 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 or calls from Midland Credit representatives unless a response is required by law or unless it is for a specific purpose related to its legal efforts.
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
October 24, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 10, 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.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 14, 2007, as a [redacted] cellular 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 December 4, 2011. The balance at the time of purchase was $1,136.20. Final payment on the account was received on January 28, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that a Midland Credit representative agreed to remove the account from her consumer credit files upon paying off the debt. Midland Credit’s business records indicate that the first time [redacted] requested that Midland Credit remove its tradeline from her consumer credit files was after she paid the account in a phone call which transpired on June 25, 2014. The representative appropriately advised [redacted] at the time that Midland Credit could not honor such a request.
While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which settled the balance for the above-referenced account, it is Midland Credit’s policy to report all accounts accurately. Midland Credit 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.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated 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 an identical complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of that response 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 June 10, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 26, 2005 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 November 11, 2009. The balance at the time of purchase was $519.68.
On June 18, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and informed [redacted] of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed in her complaint to your office via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to her complaint, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that on July 6, 2014, this account was outsourced to the law firm of [redacted] (“[redacted]”) located at [redacted]. Their phone number is [redacted] Midland Credit has forwarded a copy of [redacted]’s complaint to the firm.
[redacted] expresses a concern that the credit reporting of the above-referenced account does not make sense to her, referencing the first delinquency date. While Midland Credit is sensitive to [redacted]’s concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller. The first date of delinquency for the above-referenced account was on April 15, 2009.
Additionally, in accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC which, as referenced above, occurred in June, 2011. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive resolution. [redacted] may reach [redacted] at their contact information provided above. Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry dated August 8, 2014,
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
A
review of...
Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Going forward, all
communication about the matter should be handled by her attorney. If Ms. [redacted] is no longer represented by an attorney, please
have her provide Midland Credit with written notice so it may update its
records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit
became the servicer of the above-referenced account on behalf of purchaser,
Midland Funding LLC (“Midland Funding”), on March 26, 2012. Information provided by the seller, [redacted]
PCS Holdings LLC, at the time of acquisition indicates this account was
originated on September 8, 2010 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 June 20, 2011.
Ms.
[redacted] expresses concern that the account was resolved directly with [redacted]. On April 2,
2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her
that Midland Funding had acquired the account, and of her rights pursuant to
the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letter was mailed to Ms. [redacted] via the United
States Postal Service, and was not returned as “undeliverable” – satisfying the
requirements set forth within the FDCPA.
Midland
Credit’s business records indicate that it received the first written correspondence
disputing the balance from Ms. [redacted] on July 29, 2014. The
correspondence included a copy of a canceled check paid by Ms. [redacted] to
[redacted] dated June 5, 2014. As a
result, Midland Credit made the business decision to close the account while
awaiting receipt of such funds from [redacted].
A letter advising Ms. [redacted] that the above-referenced account had been
closed was mailed on August 4, 2014, and Midland Credit has made no further
collection attempts since.
Ms.
[redacted] has no further obligation on the account. There will continue
to 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 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]
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 is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note, Midland Credit had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
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 January 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit is the servicer of three accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 15, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 3, 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 May 9, 2009. The balance at the time of purchase was $1,524.43.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 9, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 6, 2009, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 9, 2011. The balance at the time of purchase was $688.79.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 11, 2007, 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 April 16, 2009. The balance at the time of purchase was $469.79.
[redacted] expresses a concern that Midland Credit has not used proper collection procedures. Midland Credit mailed [redacted] separate and unique validation letters – on May 21, 2011, for account no. [redacted], on June 16, 2012, for account no. [redacted], and on July 8, 2012, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also states that he has not received electricity from [redacted]. As indicated above, the debt originating from [redacted] was in relation to a [redacted] credit card account, and not electricity. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. If [redacted] is ready to resolve the above-referenced debts, [redacted] may qualify for a reduction in his account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching resolutions that will be both beneficial to him, as well as resolve the account balances.
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]
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 never received anything from Midland. Another thing, I'm pretty sure I settled this said account with another debt collector last July 2013 for the amount of $500. Unfortunately I can not find that receipt. My fiancée was murdered last October and we had to move from where we lived and it got lost in the move. I don't have $1000. I can barely make it now since it was my child's father who murdered my fiancée and is now I prison for life. So I am not getting any help whatsoever
. Until you show proof I do owe this I would like for the upcoming court date be canceled. I believe they are trying to collect a debt that has already been settled and I am not going to pay on something I feel I don't owe. I believe the collection practice of this company is breaking the law by not informing me of this debt, proving I owe this debt, and not allowing me to answer to this debt, and this debt is over 6 yrs old. The first I heard of this is when I received a flyer from local attorney offices saying I was being sued by this Midland Funding who has been found guilty of illegal practices and they are still doing it to this day.
Regards,
[redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
April 17, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition
indicates this account was originated on March 31, 2008, as
an [redacted] account
number ending in [redacted], in the name of [redacted], under the last four of the social
security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on March 10, 2009. The balance at the time of purchase was $671.52.
[redacted] writes that Midland Credit sent a bill in her name to her sister’s
address. Please note that during its
normal course of business, Midland Credit relies on consumer information
provided by third party vendors to ensure that its consumer contact information
is up to date. Based on the information provided within the complaint, it
appears that during a search for [redacted]’s most current information, her
sister’s address was provided to Midland Credit representatives by a third
party vendor. In reliance on that information, Midland Credit attempted
to contact [redacted] regarding the referenced account. Prior to receipt of the complaint, Midland
Credit did not have notice that it was attempting to contact [redacted] at a
wrong address.
While
[redacted] did not provide the address at which the letter was received, the
most recent address that mail was sent to has been marked “Do Not Mail” in
Midland Credit’s computer system for the referenced account. Please assure [redacted] that no more
correspondence will be sent to this address by Midland Credit representatives
regarding the referenced account.
Additionally,
per [redacted]’s requests that she only be contacted through your office, 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.
[redacted] also requests that the account be
removed from her credit report. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account to the
three major credit reporting agencies. A
copy of the verification information provided by the seller is enclosed for [redacted]’s records. 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 of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received April 30, 2015.
Midland Credit appreciates the opportunity to answer your questions.
Although
[redacted] is not...
specific about the accounts she is referencing, an
investigation of this matter indicates that Midland Credit is the servicer of two
accounts belonging to [redacted] which are being reported to the three major
credit reporting agencies.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on March 9, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on February 21, 2007, 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 22, 2009. The balance at the
time of purchase was $791.33.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, on January 24, 2011.
Information provided by the seller, [redacted]., at the
time of acquisition indicates this account was originated on July 13, 2005, as
a [redacted]. [redacted] account number ending in [redacted], in the name
of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on December 27, 2008. The balance at the time of purchase was $2,016.91.
Although
no specific dispute is made, [redacted] asks that Midland Credit’s tradeline be
removed from her consumer credit files. Midland
Credit mailed [redacted] separate and unique validation letters – on July 14,
2009, for account no. [redacted], and on January 30, 2011, for account no. [redacted].
These letters informed her that Midland Funding had acquired the accounts, and
of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §
1692 et seq. (“FDCPA”). The letters were not
returned as “undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debts or requesting validation from [redacted] in response to the
letters. On March 30, 2015, Midland Credit received the only direct correspondence
from [redacted] requesting validation for account no. [redacted], which cannot
be considered timely. To date, Midland
Credit has not received direct correspondence requesting validation for account
no. [redacted].
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not
receive such notices in a timely manner, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account to the
three major credit reporting agencies.
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.
If
[redacted] has any specific concerns regarding accounts belonging to her that
are being serviced by Midland Credit, please have her call its Consumer Support
Services team at [redacted] so they may assist her.
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 August 18, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated July 23, 2015. [redacted] asserts that Midland Credit did not respond to her request for validation within the 30 day period provided for by the Texas Finance Code. As stated in its previous response; Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 15, 2015. Based on the information she provided, and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on April 29, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller was enclosed.
In response to subsequent requests for validation received on April 20, 2015, April 30, 2015, and June 19, 2015, Midland Credit confirmed that its credit file and credit reporting of the account remained accurate. These letters were mailed on April 29, 2015, May 11, 2015, and July 6, 2015. All of the letters sent to [redacted] were mailed to the same address listed in her complaint. All of the referenced response letters were mailed to [redacted] within 30 days of receipt of each of her requests as required by the Texas Finance Code.
[redacted] also asserts that Midland Credit did not cease collection activity during the 30 day validation period. No collection activity has occurred on the account since receipt of her first letter requesting validation on April 15, 2015. Any correspondence sent to [redacted] since that time has been to respond to her requests for validation as required by the Texas Finance Code.
As stated in its previous response, 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.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team 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 Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 13, 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, Verizon Wireless, at the time of acquisition indicates this account was originated on August 6, 2008 as a Verizon Wireless 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 December 7, 2009. The balance at the time of purchase was $653.10.
Mr. [redacted] expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to Mr. [redacted]’ concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on Mr. [redacted]’ credit report is in fact the date of purchase by Midland Funding LLC. Midland Credit is furnishing accurate information to the credit reporting agencies.
Additionally, please assure Mr. [redacted] that the manner in which Midland Credit’s tradeline appears on his consumer credit files does not affect the expiration of the seven-year Federal Reporting period. A review of Midland Credit’s business records indicates that the first date of delinquency for the account was July 10, 2009. As such, the Federal Reporting period for the account will expire in July 2016. Please note that this does not extinguish the debt, rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit.
If Mr. [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Mr. [redacted] may call a Midland Credit account manager at 800-825-8131 to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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
August 13, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry dated July 30, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on August 24, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 6, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 31, 2010. The balance at the time of purchase was $764.31.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on April 2, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 23, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2010. The balance at the time of purchase was $3,322.31.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees. Please note that the alleged conduct described by [redacted] has been investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable law. A review of Midland Credit’s business records indicates that while no payment arrangement was reached with [redacted], he was advised that he could settle both accounts with a balance reduction of 50%. [redacted] was also advised that the accounts would not be removed from his consumer credit files upon payment.
[redacted] expresses a desire to have the above-referenced accounts deleted from his consumer credit files upon resolving the balances. Please note that it is Midland Credit’s policy to report all accounts accurately. Should [redacted] pay the full balances, Midland Credit will report the accounts as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the accounts, its correct and accurate status would not be reflected.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s accounts have been referred to Account Manager [redacted]. Please have [redacted] call Ms. [redacted] at [redacted], to discuss repayment options.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
From:<[redacted]Date: Tue, Nov 1, 2016 at 6:47 AMSubject: RE: You have a new message from the Revdex.comTo: Revdex.com [redacted]Revdex.com# [redacted]
Dear Revdex.com,
Thank you very much for your time on this matter. I have checked my credit report with all three bureaus and Midland Credit Management is still on my [redacted] report. They said that they need an electronic request from Midland Credit Management asking for the removal of that account. Thanks again for your time.
Sincerely,
[redacted]
Phone [redacted]
Email:[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 5, 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 November 27, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 24, 2010, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 28, 2012. The balance at the time of purchase was $1,470.03.
Please note that the attachment referenced by [redacted] was not included in the complaint as submitted by your office. [redacted] expresses a concern that Midland Credit has not honored the payment arrangement to resolve the balance. A review of Midland Credit’s business records indicates that [redacted] created an online payment plan on October 24, 2014. This payment plan was to pay a total of $1,176.02 in six payments, with a down payment of $196.02 and five additional payments of $196.00, due by the 24th of each month. A letter confirming this payment plan was mailed to [redacted] that same day, and the first payment of the plan was applied, leaving a remaining balance of $980.00.
On November 13, 2014, [redacted] called Midland Credit to adjust the payment date for November to November 26, 2014. A letter confirming the updated arrangement for [redacted]’s plan was mailed to her on November 14, 2014, which also listed the remaining balance owed and the five additional payments due in the plan. [redacted] made four additional payments, on November 26, 2014, December 24, 2014, January 24, 2015, and February 24, 2015.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit will accept the payments made by [redacted] to resolve the balance on the account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your letter inquiry dated September 12, 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.
[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 January 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 25, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $4,298.71.
[redacted] expresses a concern that their validation requests have not been met. On February 5, 2012, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at [redacted], the same address listed within their complaint through your office, via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on July 15, 2014.
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.
[redacted] also states that they had no prior knowledge of the account before seeing it listed on their credit report. A review of Midland Credit’s business records indicates that its representatives spoke with [redacted] on February 4, 2012, March 7, 2012, and April 17, 2012. A payment plan was set up with Midland Credit on April 17, 2012, however no payments were received.
With no resolution in place, on May 27, 2012, this account was outsourced to the law firm of [redacted] [redacted] located at [redacted]. Their phone number is [redacted] Midland Credit has forwarded a copy of the complaint to the firm.
When asked about their collection efforts, [redacted] advised that they have been in contact with [redacted] over the phone since the account was outsourced to their firm in 2012, but that no written correspondence had been received. Their business records indicate [redacted] had negotiated a settlement amount on June 28, 2012, but that no payments were received.
Again, with no resolution in place, appropriate legal action was taken and a default judgment was obtained on January 24, 2013. After the judgment had been obtained, [redacted] advised that [redacted] called in again to negotiate a settlement and agreed to a stipulation amount of $2,800.00, and requested paperwork to that effect. The letter was mailed on or about February 1, 2013, however no response was received and no payments were made.
During the time that the account has been with [redacted], Midland Credit received letters disputing the credit reporting of the account and asking for validation from [redacted], beginning with the dispute letter referenced above, which was received by Midland Credit on July 15, 2014. In response to the dispute letter, a copy of the judgment was mailed to [redacted] on July 29, 2014, along with a letter advising them that the above-referenced account was being reported accurately to the credit reporting agencies.
Copies of the verification information provided by the seller and the judgment obtained in the matter are enclosed. Additionally, a copy of the affidavit of service is attached. Based on the information available to it, Midland Credit must respectfully conclude that it and the firm have acted timely and appropriately. A review of Midland Credit’s business records indicates that it continues to accurately report the above-referenced account to the three major credit reporting agencies.
Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive resolution. As stated above, their phone number is [redacted] and they may send mail to the firm at [redacted] In the meantime, per their request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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.
While [redacted]’s inquiry only specifically...
referenced account no. [redacted], an investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted]. This response will provide information regarding all three accounts so [redacted] will have a comprehensive overview of these debts.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2008, 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 April 17, 2009. The charge-off balance was $569.76. Additional seller fees of $5.99 resulted in a balance at the time of purchase by Midland Funding of $575.75.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on March 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 31, 2003, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 5, 2011. The charge-off balance was $1,065.89.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 11, 2005, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2009. The balance at the time of purchase was $595.45.
Midland Credit mailed [redacted] separate and unique validation letters – on October 7, 2011, for account no. [redacted], on April 2, 2012, for account no. [redacted], and on October 26, 2013, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely per 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). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
For account nos. [redacted] and [redacted], copies of the verification information provided by the seller are enclosed for [redacted]’s records. If [redacted] is ready to resolve these two debts, he may qualify for a reduction in his account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balances.
Otherwise, as [redacted] states he never had an account with [redacted], Midland Credit stands ready to assist him in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Although Midland Credit did not receive a request for verification of the debt for account no. [redacted] in a timely manner per the FDCPA, upon receipt of his inquiry, Midland Credit has acknowledged his dispute, annotated the account as disputed, and 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 forwarded to your office.
In the meantime, per [redacted]’s request, all of the accounts have been marked “Cease and Desist.” While account nos. [redacted] and [redacted] remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives regarding any of the accounts unless a response is required by law, or it is to follow-up its investigation of account no. [redacted] through your office.
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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have received a detailed letter from an attorney with [redacted] and the dates and information provided by the original creditor to me do not match the information provided in this response from Midland. I have also reviewed by credit reports (pulled FROM the bureaus, not a compiling) and have Midland showing as updating on [redacted] with a Key Derogatory in Feb 2015 and [redacted] showing as Open. Again, per FCRA 623, I request that Midland delete this tradeline from all three reporting agencies or I will be filing a complaint with the FTC and CFPB.
Regards,
[redacted]
February 8, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com#[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 29, 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 4, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 1, 1994 as a[redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2008. The balance at the time of purchase was $7,876.13.
[redacted] expresses a concern that Midland Credit representatives have contacted him excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
Per [redacted]’s request to only be contacted by mail, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] may contact her at [redacted].
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
September 22, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter...
indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 18, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on September 20, 2010 as a [redacted] account number ending in [redacted],
in the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account
was charged-off as an unpaid delinquent-debt on February
26, 2014. The balance at the time of purchase was $1,729.03.
[redacted] expresses a concern that he was not aware of this debt and demands
Midland Credit provide validation. On
March 30, 2014, Midland Credit mailed [redacted] a validation letter, which
informed him that Midland Funding had acquired the account, and of his rights
pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”). Please note that the
letter was mailed to [redacted] at the same address listed within his
complaint, and was not returned as “undeliverable” by the United States Postal
Service, satisfying the notification requirements of the FDCPA. 15 U.S.C.
§ 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. Midland Credit received the
first notice of a possible dispute from the credit reporting agencies on or
about August 14, 2015. Verification
information provided by the seller was mailed to [redacted] in response to
his dispute on September 2, 2015. A copy
of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records
indicates that the account information it is furnishing to the three major
credit reporting agencies is accurate.
Please
assure [redacted] that Midland Credit is a reputable firm, and that it is a
member of the Revdex.com of San Diego. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law.
If
[redacted] is ready to resolve the above-referenced debt, [redacted] may
qualify for a reduction in his account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account
balance.
In
the meantime, per [redacted]’s previous request, the above-referenced account
will remain marked “Cease and Desist.”
While it remains due and owing, [redacted] will continue to not
receive correspondence or calls from Midland Credit representatives unless a
response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at ([redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
June 29, 2015
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] M [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 16, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 17, 2011. Information provided by the seller, Citibank (South Dakota), N.A., at the time of acquisition indicates this account was originated on August 22, 2009, 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 17, 2011. The balance at the time of purchase was $1,186.67.
Mr. [redacted] writes that Midland Credit placed a comment on his credit report which states that he disputes this debt. A review of Midland Credit’s business records indicates that a dispute code was added to this account in 2012, causing the dispute comment to appear on Mr. [redacted]’s credit report. Midland Credit apologizes if this was an error.
Please note that Midland Credit has received several notices of possible dispute from the credit reporting agencies regarding this account. However, as Mr. [redacted] states within the complaint that he is not disputing this debt, Midland Credit has submitted an instant update to the three major credit reporting agencies to remove the dispute comment from his credit report. The credit reporting agencies have advised that this should reflect on Mr. [redacted]’s credit report within 30-60 days.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit again apologizes for any inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted] Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]:
Thank you for your letter inquiry dated October 9, 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.
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 December 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 7, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 15, 2012. The balance at the time of purchase was $3,471.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 29, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 8, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 9, 2014. The balance at the time of purchase was $1,547.19.
[redacted] expresses concern that Midland Credit has attempted to collect the above-referenced debts without taking his situation into account. Midland Credit is sensitive to [redacted]’s situation. However a review of its business records indicates that Midland Credit was never previously made aware of any financial hardships, physical disabilities, or any other reason that would preclude him from being able to work with Midland Credit representatives to resolve the above-referenced accounts.
While Midland Credit continues to service account no. [redacted] directly, a review of its business records indicates that account no. [redacted] was outsourced to the law firm of [redacted] [redacted] on April 28, 2013. [redacted] is located at [redacted] Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm. The firm has advised that [redacted] has never previously contacted them or responded to attempts to resolve the account.
[redacted] also alleges that Midland Credit and/or [redacted] has taped documents to his residence and blocked his driveway. Midland Credit has only sent letters or attempted phone calls to [redacted]. Similarly, [redacted] advises they acted appropriately in their attempts to contact him. Service of process was completed by posting court documents to [redacted]’s home. However, this was an acceptable form of alternate service which was approved by a judge after [redacted] proved that [redacted] had been avoiding service. A copy of the affidavit of service is enclosed. Please note that it shows that an order was granted authorizing alternative method of service for the summons and complaint. A default judgment was subsequently obtained on March 10, 2014. Since [redacted] failed to make arrangements to resolve the judgment, [redacted] appropriately proceeded to obtain a garnishment.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. Based on the information available to it, Midland Credit must respectfully conclude that both its representatives and [redacted] have acted appropriately.
Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution for account no. [redacted]. If [redacted] is ready to resolve account no. [redacted], please have him call Account Manager [redacted] at [redacted] She can assist [redacted] in reaching a resolution that will be both beneficial to him, 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 or calls from Midland Credit representatives unless a response is required by law or unless it is for a specific purpose related to its legal efforts.
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
October 24, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 10, 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.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on September 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 14, 2007, as a [redacted] cellular 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 December 4, 2011. The balance at the time of purchase was $1,136.20. Final payment on the account was received on January 28, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that a Midland Credit representative agreed to remove the account from her consumer credit files upon paying off the debt. Midland Credit’s business records indicate that the first time [redacted] requested that Midland Credit remove its tradeline from her consumer credit files was after she paid the account in a phone call which transpired on June 25, 2014. The representative appropriately advised [redacted] at the time that Midland Credit could not honor such a request.
While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which settled the balance for the above-referenced account, it is Midland Credit’s policy to report all accounts accurately. Midland Credit 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.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated 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 an identical complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of that response 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 June 10, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 26, 2005 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 November 11, 2009. The balance at the time of purchase was $519.68.
On June 18, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and informed [redacted] of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed in her complaint to your office via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to her complaint, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that on July 6, 2014, this account was outsourced to the law firm of [redacted] (“[redacted]”) located at [redacted]. Their phone number is [redacted] Midland Credit has forwarded a copy of [redacted]’s complaint to the firm.
[redacted] expresses a concern that the credit reporting of the above-referenced account does not make sense to her, referencing the first delinquency date. While Midland Credit is sensitive to [redacted]’s concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller. The first date of delinquency for the above-referenced account was on April 15, 2009.
Additionally, in accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC which, as referenced above, occurred in June, 2011. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive resolution. [redacted] may reach [redacted] at their contact information provided above. Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry dated August 8, 2014,
regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
A
review of...
Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Going forward, all
communication about the matter should be handled by her attorney. If Ms. [redacted] is no longer represented by an attorney, please
have her provide Midland Credit with written notice so it may update its
records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit
became the servicer of the above-referenced account on behalf of purchaser,
Midland Funding LLC (“Midland Funding”), on March 26, 2012. Information provided by the seller, [redacted]
PCS Holdings LLC, at the time of acquisition indicates this account was
originated on September 8, 2010 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 June 20, 2011.
Ms.
[redacted] expresses concern that the account was resolved directly with [redacted]. On April 2,
2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her
that Midland Funding had acquired the account, and of her rights pursuant to
the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letter was mailed to Ms. [redacted] via the United
States Postal Service, and was not returned as “undeliverable” – satisfying the
requirements set forth within the FDCPA.
Midland
Credit’s business records indicate that it received the first written correspondence
disputing the balance from Ms. [redacted] on July 29, 2014. The
correspondence included a copy of a canceled check paid by Ms. [redacted] to
[redacted] dated June 5, 2014. As a
result, Midland Credit made the business decision to close the account while
awaiting receipt of such funds from [redacted].
A letter advising Ms. [redacted] that the above-referenced account had been
closed was mailed on August 4, 2014, and Midland Credit has made no further
collection attempts since.
Ms.
[redacted] has no further obligation on the account. There will continue
to 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 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 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]
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 is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note, Midland Credit had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
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 January 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit is the servicer of three accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 15, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 3, 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 May 9, 2009. The balance at the time of purchase was $1,524.43.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 9, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 6, 2009, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 9, 2011. The balance at the time of purchase was $688.79.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 11, 2007, 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 April 16, 2009. The balance at the time of purchase was $469.79.
[redacted] expresses a concern that Midland Credit has not used proper collection procedures. Midland Credit mailed [redacted] separate and unique validation letters – on May 21, 2011, for account no. [redacted], on June 16, 2012, for account no. [redacted], and on July 8, 2012, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also states that he has not received electricity from [redacted]. As indicated above, the debt originating from [redacted] was in relation to a [redacted] credit card account, and not electricity. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. If [redacted] is ready to resolve the above-referenced debts, [redacted] may qualify for a reduction in his account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching resolutions that will be both beneficial to him, as well as resolve the account balances.
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]
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 never received anything from Midland. Another thing, I'm pretty sure I settled this said account with another debt collector last July 2013 for the amount of $500. Unfortunately I can not find that receipt. My fiancée was murdered last October and we had to move from where we lived and it got lost in the move. I don't have $1000. I can barely make it now since it was my child's father who murdered my fiancée and is now I prison for life. So I am not getting any help whatsoever
. Until you show proof I do owe this I would like for the upcoming court date be canceled. I believe they are trying to collect a debt that has already been settled and I am not going to pay on something I feel I don't owe. I believe the collection practice of this company is breaking the law by not informing me of this debt, proving I owe this debt, and not allowing me to answer to this debt, and this debt is over 6 yrs old. The first I heard of this is when I received a flyer from local attorney offices saying I was being sued by this Midland Funding who has been found guilty of illegal practices and they are still doing it to this day.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
April 17, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition
indicates this account was originated on March 31, 2008, as
an [redacted] account
number ending in [redacted], in the name of [redacted], under the last four of the social
security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on March 10, 2009. The balance at the time of purchase was $671.52.
[redacted] writes that Midland Credit sent a bill in her name to her sister’s
address. Please note that during its
normal course of business, Midland Credit relies on consumer information
provided by third party vendors to ensure that its consumer contact information
is up to date. Based on the information provided within the complaint, it
appears that during a search for [redacted]’s most current information, her
sister’s address was provided to Midland Credit representatives by a third
party vendor. In reliance on that information, Midland Credit attempted
to contact [redacted] regarding the referenced account. Prior to receipt of the complaint, Midland
Credit did not have notice that it was attempting to contact [redacted] at a
wrong address.
While
[redacted] did not provide the address at which the letter was received, the
most recent address that mail was sent to has been marked “Do Not Mail” in
Midland Credit’s computer system for the referenced account. Please assure [redacted] that no more
correspondence will be sent to this address by Midland Credit representatives
regarding the referenced account.
Additionally,
per [redacted]’s requests that she only be contacted through your office, 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.
[redacted] also requests that the account be
removed from her credit report. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account to the
three major credit reporting agencies. A
copy of the verification information provided by the seller is enclosed for [redacted]’s records. 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 of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received April 30, 2015.
Midland Credit appreciates the opportunity to answer your questions.
Although
[redacted] is not...
specific about the accounts she is referencing, an
investigation of this matter indicates that Midland Credit is the servicer of two
accounts belonging to [redacted] which are being reported to the three major
credit reporting agencies.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on March 9, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on February 21, 2007, 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 22, 2009. The balance at the
time of purchase was $791.33.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, on January 24, 2011.
Information provided by the seller, [redacted]., at the
time of acquisition indicates this account was originated on July 13, 2005, as
a [redacted]. [redacted] account number ending in [redacted], in the name
of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on December 27, 2008. The balance at the time of purchase was $2,016.91.
Although
no specific dispute is made, [redacted] asks that Midland Credit’s tradeline be
removed from her consumer credit files. Midland
Credit mailed [redacted] separate and unique validation letters – on July 14,
2009, for account no. [redacted], and on January 30, 2011, for account no. [redacted].
These letters informed her that Midland Funding had acquired the accounts, and
of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. §
1692 et seq. (“FDCPA”). The letters were not
returned as “undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debts or requesting validation from [redacted] in response to the
letters. On March 30, 2015, Midland Credit received the only direct correspondence
from [redacted] requesting validation for account no. [redacted], which cannot
be considered timely. To date, Midland
Credit has not received direct correspondence requesting validation for account
no. [redacted].
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not
receive such notices in a timely manner, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account to the
three major credit reporting agencies.
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.
If
[redacted] has any specific concerns regarding accounts belonging to her that
are being serviced by Midland Credit, please have her call its Consumer Support
Services team at [redacted] so they may assist her.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 18, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated July 23, 2015. [redacted] asserts that Midland Credit did not respond to her request for validation within the 30 day period provided for by the Texas Finance Code. As stated in its previous response; Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 15, 2015. Based on the information she provided, and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on April 29, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller was enclosed.
In response to subsequent requests for validation received on April 20, 2015, April 30, 2015, and June 19, 2015, Midland Credit confirmed that its credit file and credit reporting of the account remained accurate. These letters were mailed on April 29, 2015, May 11, 2015, and July 6, 2015. All of the letters sent to [redacted] were mailed to the same address listed in her complaint. All of the referenced response letters were mailed to [redacted] within 30 days of receipt of each of her requests as required by the Texas Finance Code.
[redacted] also asserts that Midland Credit did not cease collection activity during the 30 day validation period. No collection activity has occurred on the account since receipt of her first letter requesting validation on April 15, 2015. Any correspondence sent to [redacted] since that time has been to respond to her requests for validation as required by the Texas Finance Code.
As stated in its previous response, 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.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 13, 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, Verizon Wireless, at the time of acquisition indicates this account was originated on August 6, 2008 as a Verizon Wireless 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 December 7, 2009. The balance at the time of purchase was $653.10.
Mr. [redacted] expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to Mr. [redacted]’ concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.” The open date listed on Mr. [redacted]’ credit report is in fact the date of purchase by Midland Funding LLC. Midland Credit is furnishing accurate information to the credit reporting agencies.
Additionally, please assure Mr. [redacted] that the manner in which Midland Credit’s tradeline appears on his consumer credit files does not affect the expiration of the seven-year Federal Reporting period. A review of Midland Credit’s business records indicates that the first date of delinquency for the account was July 10, 2009. As such, the Federal Reporting period for the account will expire in July 2016. Please note that this does not extinguish the debt, rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit.
If Mr. [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Mr. [redacted] may call a Midland Credit account manager at 800-825-8131 to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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
GJG: ivf
August 13, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear [redacted]
Thank you for your letter inquiry dated July 30, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on August 24, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 6, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 31, 2010. The balance at the time of purchase was $764.31.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on April 2, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 23, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2010. The balance at the time of purchase was $3,322.31.
As described in the complaint, [redacted] questions the alleged conduct of certain Midland Credit employees. Please note that the alleged conduct described by [redacted] has been investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable law. A review of Midland Credit’s business records indicates that while no payment arrangement was reached with [redacted], he was advised that he could settle both accounts with a balance reduction of 50%. [redacted] was also advised that the accounts would not be removed from his consumer credit files upon payment.
[redacted] expresses a desire to have the above-referenced accounts deleted from his consumer credit files upon resolving the balances. Please note that it is Midland Credit’s policy to report all accounts accurately. Should [redacted] pay the full balances, Midland Credit will report the accounts as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the accounts, its correct and accurate status would not be reflected.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s accounts have been referred to Account Manager [redacted]. Please have [redacted] call Ms. [redacted] at [redacted], to discuss repayment options.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
From:<[redacted]Date: Tue, Nov 1, 2016 at 6:47 AMSubject: RE: You have a new message from the Revdex.comTo: Revdex.com [redacted]Revdex.com# [redacted]
Dear Revdex.com,
Thank you very much for your time on this matter. I have checked my credit report with all three bureaus and Midland Credit Management is still on my [redacted] report. They said that they need an electronic request from Midland Credit Management asking for the removal of that account. Thanks again for your time.
Sincerely,
[redacted]
Phone [redacted]
Email:[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 5, 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 November 27, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 24, 2010, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on October 28, 2012. The balance at the time of purchase was $1,470.03.
Please note that the attachment referenced by [redacted] was not included in the complaint as submitted by your office. [redacted] expresses a concern that Midland Credit has not honored the payment arrangement to resolve the balance. A review of Midland Credit’s business records indicates that [redacted] created an online payment plan on October 24, 2014. This payment plan was to pay a total of $1,176.02 in six payments, with a down payment of $196.02 and five additional payments of $196.00, due by the 24th of each month. A letter confirming this payment plan was mailed to [redacted] that same day, and the first payment of the plan was applied, leaving a remaining balance of $980.00.
On November 13, 2014, [redacted] called Midland Credit to adjust the payment date for November to November 26, 2014. A letter confirming the updated arrangement for [redacted]’s plan was mailed to her on November 14, 2014, which also listed the remaining balance owed and the five additional payments due in the plan. [redacted] made four additional payments, on November 26, 2014, December 24, 2014, January 24, 2015, and February 24, 2015.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit will accept the payments made by [redacted] to resolve the balance on the account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 12, 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.
[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 January 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 25, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $4,298.71.
[redacted] expresses a concern that their validation requests have not been met. On February 5, 2012, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at [redacted], the same address listed within their complaint through your office, via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on July 15, 2014.
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.
[redacted] also states that they had no prior knowledge of the account before seeing it listed on their credit report. A review of Midland Credit’s business records indicates that its representatives spoke with [redacted] on February 4, 2012, March 7, 2012, and April 17, 2012. A payment plan was set up with Midland Credit on April 17, 2012, however no payments were received.
With no resolution in place, on May 27, 2012, this account was outsourced to the law firm of [redacted] [redacted] located at [redacted]. Their phone number is [redacted] Midland Credit has forwarded a copy of the complaint to the firm.
When asked about their collection efforts, [redacted] advised that they have been in contact with [redacted] over the phone since the account was outsourced to their firm in 2012, but that no written correspondence had been received. Their business records indicate [redacted] had negotiated a settlement amount on June 28, 2012, but that no payments were received.
Again, with no resolution in place, appropriate legal action was taken and a default judgment was obtained on January 24, 2013. After the judgment had been obtained, [redacted] advised that [redacted] called in again to negotiate a settlement and agreed to a stipulation amount of $2,800.00, and requested paperwork to that effect. The letter was mailed on or about February 1, 2013, however no response was received and no payments were made.
During the time that the account has been with [redacted], Midland Credit received letters disputing the credit reporting of the account and asking for validation from [redacted], beginning with the dispute letter referenced above, which was received by Midland Credit on July 15, 2014. In response to the dispute letter, a copy of the judgment was mailed to [redacted] on July 29, 2014, along with a letter advising them that the above-referenced account was being reported accurately to the credit reporting agencies.
Copies of the verification information provided by the seller and the judgment obtained in the matter are enclosed. Additionally, a copy of the affidavit of service is attached. Based on the information available to it, Midland Credit must respectfully conclude that it and the firm have acted timely and appropriately. A review of Midland Credit’s business records indicates that it continues to accurately report the above-referenced account to the three major credit reporting agencies.
Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive resolution. As stated above, their phone number is [redacted] and they may send mail to the firm at [redacted] In the meantime, per their request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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.
While [redacted]’s inquiry only specifically...
referenced account no. [redacted], an investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted]. This response will provide information regarding all three accounts so [redacted] will have a comprehensive overview of these debts.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2008, 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 April 17, 2009. The charge-off balance was $569.76. Additional seller fees of $5.99 resulted in a balance at the time of purchase by Midland Funding of $575.75.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on March 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 31, 2003, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 5, 2011. The charge-off balance was $1,065.89.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 11, 2005, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2009. The balance at the time of purchase was $595.45.
Midland Credit mailed [redacted] separate and unique validation letters – on October 7, 2011, for account no. [redacted], on April 2, 2012, for account no. [redacted], and on October 26, 2013, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely per 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). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
For account nos. [redacted] and [redacted], copies of the verification information provided by the seller are enclosed for [redacted]’s records. If [redacted] is ready to resolve these two debts, he may qualify for a reduction in his account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balances.
Otherwise, as [redacted] states he never had an account with [redacted], Midland Credit stands ready to assist him in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Although Midland Credit did not receive a request for verification of the debt for account no. [redacted] in a timely manner per the FDCPA, upon receipt of his inquiry, Midland Credit has acknowledged his dispute, annotated the account as disputed, and 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 forwarded to your office.
In the meantime, per [redacted]’s request, all of the accounts have been marked “Cease and Desist.” While account nos. [redacted] and [redacted] remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives regarding any of the accounts unless a response is required by law, or it is to follow-up its investigation of account no. [redacted] through your office.
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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have received a detailed letter from an attorney with [redacted] and the dates and information provided by the original creditor to me do not match the information provided in this response from Midland. I have also reviewed by credit reports (pulled FROM the bureaus, not a compiling) and have Midland showing as updating on [redacted] with a Key Derogatory in Feb 2015 and [redacted] showing as Open. Again, per FCRA 623, I request that Midland delete this tradeline from all three reporting agencies or I will be filing a complaint with the FTC and CFPB.
Regards,
[redacted]
February 8, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com#[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 29, 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 4, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 1, 1994 as a[redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2008. The balance at the time of purchase was $7,876.13.
[redacted] expresses a concern that Midland Credit representatives have contacted him excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
Per [redacted]’s request to only be contacted by mail, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] may contact her at [redacted].
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
September 22, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter...
indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 18, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on September 20, 2010 as a [redacted] account number ending in [redacted],
in the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account
was charged-off as an unpaid delinquent-debt on February
26, 2014. The balance at the time of purchase was $1,729.03.
[redacted] expresses a concern that he was not aware of this debt and demands
Midland Credit provide validation. On
March 30, 2014, Midland Credit mailed [redacted] a validation letter, which
informed him that Midland Funding had acquired the account, and of his rights
pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.
(“FDCPA”). Please note that the
letter was mailed to [redacted] at the same address listed within his
complaint, and was not returned as “undeliverable” by the United States Postal
Service, satisfying the notification requirements of the FDCPA. 15 U.S.C.
§ 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. Midland Credit received the
first notice of a possible dispute from the credit reporting agencies on or
about August 14, 2015. Verification
information provided by the seller was mailed to [redacted] in response to
his dispute on September 2, 2015. A copy
of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records
indicates that the account information it is furnishing to the three major
credit reporting agencies is accurate.
Please
assure [redacted] that Midland Credit is a reputable firm, and that it is a
member of the Revdex.com of San Diego. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law.
If
[redacted] is ready to resolve the above-referenced debt, [redacted] may
qualify for a reduction in his account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account
balance.
In
the meantime, per [redacted]’s previous request, the above-referenced account
will remain marked “Cease and Desist.”
While it remains due and owing, [redacted] will continue to not
receive correspondence or calls from Midland Credit representatives unless a
response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at ([redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure