Re: Consumer complaint of Mr. [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 26, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit has reached out to [redacted] to obtain additional information regarding the additional concerns brought up by Mr. [redacted] and provide the information requested. In the meantime, Midland Credit has acknowledged Mr. [redacted]’ dispute and annotated the account as disputed. Thank you for your understanding, and a response will be provided upon the conclusion of Midland Credit’s investigation.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 7, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 7, 2010 as an [redacted] credit card account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2011. The balance at the time of purchase was $1,373.24.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close account no. [redacted]. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to account no. [redacted] from [redacted] consumer credit files. A copy of the electronic request sent to the credit reporting agencies is enclosed for [redacted] records.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on March 15, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 4, 2010 as a [redacted], [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 May 30, 2011. The balance at the time of purchase was $2,182.32. A copy of the validation documentation provided by the seller is enclosed for your records.
[redacted] expresses a concern that Midland Credit continues to charge monthly fees. Midland Credit does not add fees of any kind to consumer accounts. While Midland Credit has not charged monthly fees, interest accrued in the amount of $548.67 toward the balance of account no. [redacted] until December 2014 when Midland Credit made the business decision to stop adding interest. With that said, the accounts were purchased from the sellers with all rights. Interest charged by the original creditor is allowable by law. Any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
[redacted] states that the debts are time-barred. A review of Midland Credit’s business records indicates that the statute of limitations expired on November 1, 2016 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period does not expire until November, 2017 for account no. [redacted]. The account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] states that Midland Credit is reporting to the credit bureaus with a negative payment history. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not furnish information such as negative payment history to the credit reporting agencies. Midland Credit’s business records indicate that the account information it is furnishing to the three major credit reporting agencies for account no. [redacted] is accurate.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
If [redacted] is ready to resolve account no. [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call [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]
[redacted]
[redacted]
October 16, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 28, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 2, 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 October 15, 2011. The balance at the time of purchase was $831.41.
[redacted] expresses a concern that he does not owe the above-referenced debt. On July 18, 2012, 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 the same address listed within [redacted]’s complaint 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. A review of Midland Credit’s business records indicates that it received the first correspondence disputing the account from [redacted] on September 30, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
While [redacted]’s request was untimely, a copy of the verification information provided by the seller is enclosed for his records. A review of Midland Credit’s business records indicates that the account is accurately reporting to the credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead. Until such documentation is received, based on the information available to it, Midland Credit must respectfully conclude the account remains valid, due and owing to it.
Otherwise, if [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per [redacted]’s request, the account will be coded “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 follow-up
letter
inquiry regarding [redacted]’s complaint, which
Midland Credit Management, Inc. (“Midland Credit”) received
March 13, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Based
on the police report provided by [redacted] and in accordance with Midland
Credit Management Inc.’s policy to react affirmatively to consumer issues, the
above-referenced accounts have been closed.
There will be no further collection activity or sale of these
accounts. In addition all three
credit-reporting agencies were notified to delete all reference to the accounts
from her consumer credit
files. [redacted] has no obligation for
these accounts.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear...
below.
Hi [redacted]
I read the review it said they needed more information Midland Funding LLC account # is [redacted] thats what I got for my credit report if you can send that over to them the amount owe is $1,762 and it stated that its open on my [redacted] credit report. Which I want to be taken off.
Regards,
[redacted]
November 18, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted], and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 4, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Consumer Financial Protection Bureau (“[redacted]”). A copy of Midland Credit’s response to the [redacted] is enclosed. An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted] which have recently been reported to the credit reporting agencies.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 22, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 6, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 12, 2010. The balance at the time of purchase was $1,559.28.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 9, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 21, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 25, 2010. The balance at the time of purchase was $2,884.88.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on March 28, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account originated with [redacted] on April 4, 2006, and was subsequently converted to a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 31, 2010. The balance at the time of purchase was $1,940.41.
[redacted] expresses a concern that he has contacted Midland Credit several times with regard to the above-referenced accounts appearing on his consumer credit files. Midland Credit mailed [redacted] separate and unique validation letters – on October 29, 2010, for account no. [redacted], on December 17, 2010 for account no. [redacted], and on April 2, 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. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] for each of the above-referenced accounts on June 19, 2015.
Based on the information provided by [redacted] and pursuant to the [redacted] Finance Code, Midland Credit responded by sending Mr. [redacted] letters in regard to each account on or about July 7, 2015, advising him Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced accounts, was accurate. Copies of the verification information provided by the seller for account nos. [redacted] and [redacted] were included with their respective letters, and are again enclosed here. Please note that the verification information provided by the sellers meets the requirements of the FDCPA.
With regard to account no. [redacted], upon receipt of the complaint filed through the [redacted], Midland Credit acknowledged [redacted] current dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to [redacted] through the [redacted] and through your offices. Additionally, Midland Credit will not furnish information for the account to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
[redacted] indicates that he believes that Midland Credit’s statement in the response to the [redacted] that it was in the process of obtaining verification information from the seller for account no. [redacted] is an admission that the information it had been reporting to the credit reporting agencies was inaccurate. This is not the case. However, Midland Credit is taking additional steps to obtain verification documentation from the seller for [redacted] also requests that all three accounts be removed from his consumer credit files. With regard to account nos. [redacted] and [redacted], please note that based on the information provided by the seller, Midland Credit has determined that its credit file and information being furnished for the accounts is accurate. Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act. As stated above, information for account no. [redacted] will not be furnished to the three major credit reporting agencies until it is able to provide [redacted] with verification documentation.
If [redacted] is ready to resolve the debts, he may qualify for a reduction in his respective account balances for account nos. [redacted] and [redacted]. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his respective account balances. Per [redacted] previous request for Midland Credit to not contact him, account nos. [redacted] and [redacted] will remain marked “Cease and Desist.” While the referenced accounts remain due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry dated September 24, 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 January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 17, 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 December 14, 2009. The balance at the time of purchase was $3,904.47. The balance due as of October 2, 2014, including interest accrued from date of charge-off, is $6,697.87.
On February 16, 2012, 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 the same address listed within [redacted]’s complaint 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. 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.
While not the only item of concern identified within his complaint, [redacted] questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. Please note that Midland Credit does not assess interest to a consumer’s balance throughout the period of active repayment; however, missed payments will invalidate the agreed upon arrangement. Interest on the account which had been deferred while payments were being received would be added back to the account after payments ceased.
[redacted] also indicates that Midland Credit representatives have contacted him excessively, and outside of allowable hours. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are not being placed outside of what is allowable, and only between 8:00am local time and 9:00pm local time according to applicable law. Midland Credit’s determination of which local time should control the ability to call is based on information then available to it, which includes the phone number’s area code. The phone numbers attached to the account contain area codes belonging to [redacted]
Based on that information, Midland Credit attempted to contact [redacted] at times consistent with local [redacted] time. 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 and all calls were placed after 8:00am and prior to 9:00 pm Eastern time. If [redacted] no longer lives in [redacted], Midland Credit sincerely apologizes for any confusion or inconvenience that he may have experienced as a result of Midland Credit being unaware of his move. If such is the case, Midland Credit requests that [redacted] contact Consumer Support Services at [redacted] so that they may update his account accordingly.
Often a consumer will speak to someone from one collection agency and believe that any subsequent collection calls, even those from another collection company, are from the same company. Since [redacted]’s complaint states that he is receiving calls well in excess of those made by Midland Credit representatives; it appears that this has happened to him.
Lastly, [redacted] expresses the concern that Midland Credit has not accepted the settlement arrangements he has offered. Please note that Midland Credit representatives have strict guidelines that they must follow when offering or accepting settlement arrangements. As referenced above, the balance due is $6,697.87. [redacted] previously offered to settle the account for $2000.00 in three payments. Given the balance of the account, the arrangement offered by [redacted] was not appropriate, and could not be accepted.
However, since [redacted] is willing to resolve the debt, he may qualify for a reduction in his account balance. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to the Account Manager [redacted] Please have [redacted] call [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 find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated August 13, 2014,
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your...
questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on July 21, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this
account was originated on November 12, 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 October 13, 2008. The balance at the time of purchase was $490.72.
On
July 31, 2011, 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 the
same address listed within [redacted]’s complaint 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 the complaint filed through your office,
which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it is
accurately reporting the above-referenced account to the three major credit
reporting agencies.
[redacted]
expresses a concern that he told [redacted] to disconnect and terminate his
service in October of 2006. However, as
indicated above, the account was opened in November of 2006. Additionally, a review of Midland Credit’s
business records indicates that in a phone conversation on February 23, 2013,
[redacted] advised a Midland Credit representative that he had paid this debt
in 2008. Further review of its business
records indicates no supporting documentation of the debt being paid prior to
its sale to Midland Funding has been received by Midland Credit.
With
that said, Midland Credit stands ready to assist [redacted] in clearing his
record if Midland Credit is somehow attempting to collect an account which was
resolved prior to Midland Credit becoming the servicer, and requests that he
provide documentation or evidence which substantiates [redacted]’s claim. [redacted] may forward the appropriate
documentation to Consumer Support Services at the address on this letterhead.
In
the meantime, per [redacted]’s request, the above-referenced account has been
marked “Cease and Desist.” While it
remains due and owing, [redacted] will no longer receive correspondence or
calls from Midland Credit representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
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 October 4, 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 May 27, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 20, 2004, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on October 11, 2011. The balance at the time of purchase was $738.84.
[redacted] states that Midland Credit is diminishing her credit by reporting a time barred debt and has previously brought this to Midland Credit’s attention. On July 11, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation directly from [redacted] on March 18, 2016. In response to [redacted]’s dispute, Midland Credit acknowledged [redacted]’s dispute, annotated the account as disputed, ceased collection efforts while it was in the process of verifying the debt. Midland Credit also sent a letter to [redacted] advising her of the steps it was taking.
Subsequently, Midland Credit received a second dispute from [redacted] on April 14, 2016. Upon receipt the dispute, Midland Credit had since obtained verification information from the seller, which was then mailed to [redacted]. A copy of that documentation is again enclosed for her records. Additionally, Midland Credit received additional disputes from [redacted] on June 9, 2016, and July 12, 2016. In response, Midland Credit appropriately requested that she provide additional information regarding her continued disputes.
[redacted] further writes that the debt is “time barred” and no longer collectible. Please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy. A review of Midland Credit’s business records indicates that the statute of limitations expired on May 7, 2015.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in May 2018.
However, during the investigation period following the dispute received directly from [redacted], Midland Credit notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’s consumer credit files. Midland Credit has made the business decision not to request the tradeline be reinstated. Please note that this does not extinguish the debt, and the account will still remain collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] writes that the original creditor continues to report the above-referenced account on her consumer credit files. [redacted] as the original creditor may be reporting the account or may have decided to delete its tradeline when it sold the account. Whether or not the original creditor is reporting the account, the account remains valid, due and owing. If [redacted] has concerns regarding the information being reported by the original creditor, she may dispute it directly with the 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.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted]. Please have [redacted] call [redacted] to assist her 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
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 16, 2010, as a [redacted]. residential telephone account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 9, 2011. The balance at the time of purchase was $709.38.
[redacted] writes that Midland Credit has ignored her validation requests. On May 20, 2013, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and informed her of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on October 15, 2014, which cannot be considered timely. In response, Midland Credit mailed [redacted] a letter requesting further documentation in support of her dispute. Subsequently, Midland Credit received two letters from [redacted] on November 19, 2014, and an e-mail from [redacted] on February 6, 2015, and again responded by mailing letters requesting documentation to assist in further investigating her claim. Midland Credit has not received further documentation supporting [redacted]’s dispute pursuant to its numerous letter requests.
[redacted] states that Midland Credit did not update the tradeline as disputed as it stated would be done in the response letters mailed to her. A review of Midland Credit’s business records indicate that it began reporting the account as disputed during its next reporting cycle after receipt of [redacted]’s dispute.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
:
Thank you for your follow-up letter inquiry dated October 9, 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.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 6, 2014. Mr. Arguedas requests that Midland Credit provide signed documents to validate the accounts. As stated in its previous response, Midland Credit reiterates that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Additionally, [redacted] writes that account no. [redacted] is too old to be appearing on his credit report. [redacted] further states that the last date of activity on the account is October 8, 2007. Please note that the original delinquency date is the date from which the seven year period is measured, not the date of last payment. The date of delinquency for account no. [redacted] is November 13, 2007. The seven-year Federal Reporting period for the above-referenced account will expire in November 2014. However, the expiration of the seven-year Federal Reporting period does not extinguish the debt.
Finally, Mr. Arguedas requests that account no. [redacted] be reported as disputed to the credit reporting agencies. A review of Midland Credit’s business records indicates that it is accurately reporting both of the above-referenced accounts to the three major credit reporting agencies, and that account no. [redacted] is being reported as disputed.
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]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [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 27, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 15, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on June 22, 2014. The balance at the time of purchase was $1,944.55.
[redacted] expresses concern that Midland Credit representatives refused to provide her with validation documentation. A review of Midland Credit’s business records indicates that [redacted] spoke with Midland Credit representative [redacted] twice on April 9, 2015. Midland Credit’s review of the conversations does not appear to indicate that [redacted] refused to provide [redacted] with validation documentation.
Midland Credit sent [redacted] a validation letter on May 1, 2015. The letters were mailed to [redacted] via the United States Postal Service. The letters were not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692.
In the letters, Midland Credit provided the required disclosure of rights set forth in the FDCPA. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3).
The complaint [redacted] filed was received in a timely manner pursuant to applicable law. Upon receipt, Midland Credit acknowledged [redacted]’s dispute and annotated the account as disputed. Midland Credit has received verification information from the seller, a copy of which is enclosed for [redacted]’s records.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted]. Please have [redacted] or her attorney call [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, pursuant to [redacted]’s request to cease collection activities, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
[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 March 22, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 2, 2005 as a [redacted] general consumer loan 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 31, 2008. The balance at the time of purchase was $522.68.
While not the only item of concern identified within [redacted]’s complaint, she disputes the referenced debt. On March 26, 2010, Midland Credit mailed [redacted] a validation letter, which informed [redacted] 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 [redacted] at the same address listed within 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. Midland Credit received the first correspondence disputing the debt from [redacted] on September 5, 2014 which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
As referenced above, Midland Credit received [redacted]’s correspondence on September 5, 2014. Although the request was not timely, verification information provided by the seller was mailed to [redacted] on September 15, 2014. Another copy of the verification information provided by the seller is enclosed.
In addition, [redacted] claims Midland Credit is attempting to collect a debt past the seven-year Federal Reporting Period. A review of Midland Credit’s business records indicates that the Federal Reporting period for the above-referenced account will expire this month, October 2014. Midland Credit has already notified the three major credit reporting agencies to cease reporting the account in anticipation of the Federal Reporting period expiring. However, 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.
Lastly, as [redacted] indicates that the account does not belong to her. Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial, as well as settle the account balance.
In the meantime, 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.
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
April 11, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted] & [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 28, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note, [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”), case no. [redacted]). Midland Credit sent a response to [redacted] through the CFPB dated April 4, 2016, a copy of that response is enclosed for your reference.
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 number [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 7, 2009, as a [redacted],[redacted]. credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 13, 2012. The balance at the time of purchase was $2,974.76.
A review of Midland Credit’s business records indicates that on March 3, 2013, this account was placed with [redacted] (“[redacted]”). [redacted] advised that suit was filed on April 18, 2013 and a judgment was entered on July 12, 2013. A copy of the judgment is enclosed in the attached response to the CFPB.
Midland Credit became the servicer of account number [redacted], on behalf of purchaser, Midland Funding, on March 29, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 6, 2003, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 2, 2012. The balance at the time of purchase was $11,631.44.
[redacted] is requesting validation on the above referenced accounts. Please note, Midland Credit mailed [redacted] separate and unique validation letters – on September 30, 2012, for account number [redacted], and on April 10, 2013, for account number [redacted]. These letters informed [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debts or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first notification of a possible dispute from the credit reporting agencies on or about January 3, 2015 for account numbers [redacted] and [redacted].
In response to the notices of possible disputes received on account number [redacted], Midland Credit mailed [redacted] a copy of the verification information provided by the seller on January 21, 2015, September 9, 2015, and February 26, 2016. A copy of the verification information provided by the seller is enclosed in the attached response to the CFPB.
Please note, upon receipt of [redacted] complaint for account number [redacted], Midland Credit acknowledged her current dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to [redacted] through the Revdex.com (“Revdex.com”) and CFPB. Additionally, Midland Credit will not furnish information for the account to the three major credit reporting agencies until it is able to provide you with verification of the debt.
[redacted] is also stating that Midland Credit is reporting an inaccurate debt and re-aging the accounts monthly. While Midland Credit is sensitive to [redacted] concerns, 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 furnishes account 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 furnished for this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
In regards to account number [redacted], Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution. The firm may be reach be reached at [redacted] Their phone number is [redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 5, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the...
Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts identified as belonging to [redacted]. Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on October 22, 2006, as a [redacted] credit card account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 2, 2010. The balance at the time of purchase was $3,693.96. Final payment on the account was received by Midland Credit on October 10, 2013. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 16, 2007, as a [redacted] account number ending in 1781, in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 21, 2009. The balance at the time of purchase was $1,882.39.
[redacted] expresses a concern that her first date of delinquency and last payment for account no. [redacted] were in April 2008, and that the account should not be reporting. Please note, the date of delinquency provided to Midland Credit by the original creditor is February 4, 2010. This is the date the original creditor considered the account to be delinquent. There are many different factors the original creditor takes into consideration when determining an account has become delinquent. A review of Midland Credit’s business records indicate, as [redacted] advised, the last payment received by the original creditor was on April 8, 2008. Please note, this is not the only factor the original creditor took into consideration when determining the date of delinquency. An additional review of Midland Credit’s business records indicate the Federal Reporting period for the above-referenced account does not expire until February, 2017.
During a conversation [redacted] had with a Midland Credit representative on December 10, 2015 in regards to account no. [redacted], she stated that she had documentation to show that the original creditor determined the account went delinquent in April 2008. Midland credit sent an inquiry to the original creditor and has received a response. The original creditor advised that [redacted] made purchases on the account in January 2008 which were on a “No Pay No Interest” promotion that had an expiration date of December 31, 2009. The original creditor advised they received one payment on April 8, 2008. However, the account was charged off due to non-receipt of payment on August 2, 2010, after the promotional period had expired. As referenced above, payments received on an account are not the only factor the original creditor takes into consideration when determining the date of delinquency.
In an additional conversation on December 28, 2015 between [redacted] and a Midland Credit representative, account no. [redacted] was discussed. In that conversation [redacted] advised the representative that she never had that account and it just recently began appearing on her credit file. [redacted] was advised that the account would cease reporting during an investigation.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close account no. [redacted] and to notify the three major credit reporting agencies to remove Midland Funding’s reference to both accounts from [redacted]’s consumer credit files. Account no. [redacted] will continue to reflect a paid status within Midland Credit’s files but there will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the accounts.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
[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 July 29, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to you for which Midland Credit is furnishing account information to the credit bureaus. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 26, 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 31, 2011. The balance at the time of purchase was $1,879.69.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 27, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 25, 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 January 29, 2012. The balance at the time of purchase was $565.22.
While not the only concern addressed by [redacted], she states that debt collectors have excessively contacted her. 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.
[redacted] states that she has tried disputing this matter, yet the accounts remain in collections and on her credit report. Midland Credit mailed [redacted] separate and unique validation letters – on June 16, 2012, for account no. [redacted], and on January 7, 2013, 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 did not receive any correspondence from [redacted] in response to either letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also states that the accounts were opened without her consent. Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] can contact Midland Credit online at [redacted] where he/she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his/her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting for account no. [redacted] is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close account no. [redacted]. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete Midland Credit’s reference to account no. [redacted] from [redacted]’s consumer credit files.
If [redacted] now recognizes account no. [redacted] and is ready to resolve the debt, she may qualify for a reduction in her account balance. Please have [redacted] call a Midland Credit account manager at [redacted] to assist her in reaching a resolution of her account balance.
Per [redacted]’s concern that she has been receiving excessive calls, the above-referenced accounts have been marked “Direct Mail Only.” [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on August 9, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 8, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 9, 2009. The balance at the time of purchase was $759.14.
[redacted] expresses concern that Midland Credit has not honored his requests to adjust his payment plan. A review of Midland Credit’s business records indicates that [redacted] agreed to a payment arrangement on August 18, 2011, but was unable to continue making payments in October 2011. On July 21, 2014, [redacted] agreed to another payment arrangement to resolve the balance. Subsequently, while [redacted] submitted payments according to the payment plan, he requested multiple times to adjust the dates of his payment plan. Midland Credit apologizes for any confusion [redacted] may have experienced as a result of the changes in his plan, and the timing of the letters that were sent to confirm the updated changes.
[redacted] also writes that he requested the payment dates for both January and February be moved to the last day of the month, but that he was notified by Midland Credit that the February payment would be withdrawn prior to the end of the month. Midland Credit apologizes for any miscommunication. [redacted] notification was too near the payment run date for Midland credit to be able to stop the payment from being processed. Midland Credit advised [redacted] to contact his bank directly to stop the payment. [redacted] would have been notified at the time he set the payment arrangement of the amount of time required for Midland Credit to stop payment.
With that said, in keeping with its Consumer-First policy, Midland Credit will accept the monies [redacted] has paid toward the account to date as final resolution of the account. [redacted] has no further financial obligation for this account. Midland Credit will update the credit reporting for the account as “Account paid in full, was a collection account,” with an additional memo stating “Account paid in full for less than the full balance.”
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 29, 2015. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on October 27, 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 December 2, 2014. The balance at the time of purchase was $1,372.25. Final payment on the account was received by Midland Credit on March 12, 2016. [redacted] has no further financial obligation for this account.
[redacted] alleges that Midland Credit agreed to remove the debt from his credit report when he paid it off in full. At the time of [redacted]’s final payment, it was not Midland Credit’s policy to remove paid accounts upon receipt of payment. However, in keeping with its Consumer-First approach, Midland Credit recently updated its policy regarding paid tradelines where the date of delinquency is over two years old. The three major credit reporting agencies have been notified to remove the collection tradeline. [redacted] continues to have no further financial obligation for this account.
In addition, [redacted] requests that [redacted] remove its tradeline as well. Midland Credit has no control of what information [redacted] furnishes to the credit reporting agencies If [redacted] has concerns regarding the information being reported by the original creditor, he may dispute it directly with the credit reporting agencies.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Re: Consumer complaint of Mr. [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 26, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit has reached out to [redacted] to obtain additional information regarding the additional concerns brought up by Mr. [redacted] and provide the information requested. In the meantime, Midland Credit has acknowledged Mr. [redacted]’ dispute and annotated the account as disputed. Thank you for your understanding, and a response will be provided upon the conclusion of Midland Credit’s investigation.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
December 15, 2016
[redacted]
[redacted] [redacted]
[redacted]...
[redacted]
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 7, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 7, 2010 as an [redacted] credit card account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2011. The balance at the time of purchase was $1,373.24.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close account no. [redacted]. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to account no. [redacted] from [redacted] consumer credit files. A copy of the electronic request sent to the credit reporting agencies is enclosed for [redacted] records.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on March 15, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 4, 2010 as a [redacted], [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 May 30, 2011. The balance at the time of purchase was $2,182.32. A copy of the validation documentation provided by the seller is enclosed for your records.
[redacted] expresses a concern that Midland Credit continues to charge monthly fees. Midland Credit does not add fees of any kind to consumer accounts. While Midland Credit has not charged monthly fees, interest accrued in the amount of $548.67 toward the balance of account no. [redacted] until December 2014 when Midland Credit made the business decision to stop adding interest. With that said, the accounts were purchased from the sellers with all rights. Interest charged by the original creditor is allowable by law. Any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
[redacted] states that the debts are time-barred. A review of Midland Credit’s business records indicates that the statute of limitations expired on November 1, 2016 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period does not expire until November, 2017 for account no. [redacted]. The account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] states that Midland Credit is reporting to the credit bureaus with a negative payment history. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not furnish information such as negative payment history to the credit reporting agencies. Midland Credit’s business records indicate that the account information it is furnishing to the three major credit reporting agencies for account no. [redacted] is accurate.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
If [redacted] is ready to resolve account no. [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call [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]
[redacted]
[redacted]
[redacted]
Enclosure
October 16, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 28, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 2, 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 October 15, 2011. The balance at the time of purchase was $831.41.
[redacted] expresses a concern that he does not owe the above-referenced debt. On July 18, 2012, 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 the same address listed within [redacted]’s complaint 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. A review of Midland Credit’s business records indicates that it received the first correspondence disputing the account from [redacted] on September 30, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
While [redacted]’s request was untimely, a copy of the verification information provided by the seller is enclosed for his records. A review of Midland Credit’s business records indicates that the account is accurately reporting to the credit reporting agencies.
With that said, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead. Until such documentation is received, based on the information available to it, Midland Credit must respectfully conclude the account remains valid, due and owing to it.
Otherwise, if [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
In the meantime, per [redacted]’s request, the account will be coded “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 follow-up
letter
inquiry regarding [redacted]’s complaint, which
Midland Credit Management, Inc. (“Midland Credit”) received
March 13, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Based
on the police report provided by [redacted] and in accordance with Midland
Credit Management Inc.’s policy to react affirmatively to consumer issues, the
above-referenced accounts have been closed.
There will be no further collection activity or sale of these
accounts. In addition all three
credit-reporting agencies were notified to delete all reference to the accounts
from her consumer credit
files. [redacted] has no obligation for
these accounts.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear...
below.
Hi [redacted]
I read the review it said they needed more information Midland Funding LLC account # is [redacted] thats what I got for my credit report if you can send that over to them the amount owe is $1,762 and it stated that its open on my [redacted] credit report. Which I want to be taken off.
Regards,
[redacted]
November 18, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted], and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 4, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Consumer Financial Protection Bureau (“[redacted]”). A copy of Midland Credit’s response to the [redacted] is enclosed. An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted] which have recently been reported to the credit reporting agencies.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on October 22, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 6, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 12, 2010. The balance at the time of purchase was $1,559.28.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 9, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 21, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 25, 2010. The balance at the time of purchase was $2,884.88.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on March 28, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account originated with [redacted] on April 4, 2006, and was subsequently converted to a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 31, 2010. The balance at the time of purchase was $1,940.41.
[redacted] expresses a concern that he has contacted Midland Credit several times with regard to the above-referenced accounts appearing on his consumer credit files. Midland Credit mailed [redacted] separate and unique validation letters – on October 29, 2010, for account no. [redacted], on December 17, 2010 for account no. [redacted], and on April 2, 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. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] for each of the above-referenced accounts on June 19, 2015.
Based on the information provided by [redacted] and pursuant to the [redacted] Finance Code, Midland Credit responded by sending Mr. [redacted] letters in regard to each account on or about July 7, 2015, advising him Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced accounts, was accurate. Copies of the verification information provided by the seller for account nos. [redacted] and [redacted] were included with their respective letters, and are again enclosed here. Please note that the verification information provided by the sellers meets the requirements of the FDCPA.
With regard to account no. [redacted], upon receipt of the complaint filed through the [redacted], Midland Credit acknowledged [redacted] current dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to [redacted] through the [redacted] and through your offices. Additionally, Midland Credit will not furnish information for the account to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
[redacted] indicates that he believes that Midland Credit’s statement in the response to the [redacted] that it was in the process of obtaining verification information from the seller for account no. [redacted] is an admission that the information it had been reporting to the credit reporting agencies was inaccurate. This is not the case. However, Midland Credit is taking additional steps to obtain verification documentation from the seller for [redacted] also requests that all three accounts be removed from his consumer credit files. With regard to account nos. [redacted] and [redacted], please note that based on the information provided by the seller, Midland Credit has determined that its credit file and information being furnished for the accounts is accurate. Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act. As stated above, information for account no. [redacted] will not be furnished to the three major credit reporting agencies until it is able to provide [redacted] with verification documentation.
If [redacted] is ready to resolve the debts, he may qualify for a reduction in his respective account balances for account nos. [redacted] and [redacted]. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his respective account balances. Per [redacted] previous request for Midland Credit to not contact him, account nos. [redacted] and [redacted] will remain marked “Cease and Desist.” While the referenced accounts remain due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry dated September 24, 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 January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 17, 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 December 14, 2009. The balance at the time of purchase was $3,904.47. The balance due as of October 2, 2014, including interest accrued from date of charge-off, is $6,697.87.
On February 16, 2012, 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 the same address listed within [redacted]’s complaint 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. 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.
While not the only item of concern identified within his complaint, [redacted] questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened. Please note that Midland Credit does not assess interest to a consumer’s balance throughout the period of active repayment; however, missed payments will invalidate the agreed upon arrangement. Interest on the account which had been deferred while payments were being received would be added back to the account after payments ceased.
[redacted] also indicates that Midland Credit representatives have contacted him excessively, and outside of allowable hours. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are not being placed outside of what is allowable, and only between 8:00am local time and 9:00pm local time according to applicable law. Midland Credit’s determination of which local time should control the ability to call is based on information then available to it, which includes the phone number’s area code. The phone numbers attached to the account contain area codes belonging to [redacted]
Based on that information, Midland Credit attempted to contact [redacted] at times consistent with local [redacted] time. 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 and all calls were placed after 8:00am and prior to 9:00 pm Eastern time. If [redacted] no longer lives in [redacted], Midland Credit sincerely apologizes for any confusion or inconvenience that he may have experienced as a result of Midland Credit being unaware of his move. If such is the case, Midland Credit requests that [redacted] contact Consumer Support Services at [redacted] so that they may update his account accordingly.
Often a consumer will speak to someone from one collection agency and believe that any subsequent collection calls, even those from another collection company, are from the same company. Since [redacted]’s complaint states that he is receiving calls well in excess of those made by Midland Credit representatives; it appears that this has happened to him.
Lastly, [redacted] expresses the concern that Midland Credit has not accepted the settlement arrangements he has offered. Please note that Midland Credit representatives have strict guidelines that they must follow when offering or accepting settlement arrangements. As referenced above, the balance due is $6,697.87. [redacted] previously offered to settle the account for $2000.00 in three payments. Given the balance of the account, the arrangement offered by [redacted] was not appropriate, and could not be accepted.
However, since [redacted] is willing to resolve the debt, he may qualify for a reduction in his account balance. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to the Account Manager [redacted] Please have [redacted] call [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 find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated August 13, 2014,
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your...
questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on July 21, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this
account was originated on November 12, 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 October 13, 2008. The balance at the time of purchase was $490.72.
On
July 31, 2011, 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 the
same address listed within [redacted]’s complaint 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 the complaint filed through your office,
which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it is
accurately reporting the above-referenced account to the three major credit
reporting agencies.
[redacted]
expresses a concern that he told [redacted] to disconnect and terminate his
service in October of 2006. However, as
indicated above, the account was opened in November of 2006. Additionally, a review of Midland Credit’s
business records indicates that in a phone conversation on February 23, 2013,
[redacted] advised a Midland Credit representative that he had paid this debt
in 2008. Further review of its business
records indicates no supporting documentation of the debt being paid prior to
its sale to Midland Funding has been received by Midland Credit.
With
that said, Midland Credit stands ready to assist [redacted] in clearing his
record if Midland Credit is somehow attempting to collect an account which was
resolved prior to Midland Credit becoming the servicer, and requests that he
provide documentation or evidence which substantiates [redacted]’s claim. [redacted] may forward the appropriate
documentation to Consumer Support Services at the address on this letterhead.
In
the meantime, per [redacted]’s request, the above-referenced account has been
marked “Cease and Desist.” While it
remains due and owing, [redacted] will no longer receive correspondence or
calls from Midland Credit representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
October 14, 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 October 4, 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 May 27, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 20, 2004, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on October 11, 2011. The balance at the time of purchase was $738.84.
[redacted] states that Midland Credit is diminishing her credit by reporting a time barred debt and has previously brought this to Midland Credit’s attention. On July 11, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation directly from [redacted] on March 18, 2016. In response to [redacted]’s dispute, Midland Credit acknowledged [redacted]’s dispute, annotated the account as disputed, ceased collection efforts while it was in the process of verifying the debt. Midland Credit also sent a letter to [redacted] advising her of the steps it was taking.
Subsequently, Midland Credit received a second dispute from [redacted] on April 14, 2016. Upon receipt the dispute, Midland Credit had since obtained verification information from the seller, which was then mailed to [redacted]. A copy of that documentation is again enclosed for her records. Additionally, Midland Credit received additional disputes from [redacted] on June 9, 2016, and July 12, 2016. In response, Midland Credit appropriately requested that she provide additional information regarding her continued disputes.
[redacted] further writes that the debt is “time barred” and no longer collectible. Please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy. A review of Midland Credit’s business records indicates that the statute of limitations expired on May 7, 2015.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in May 2018.
However, during the investigation period following the dispute received directly from [redacted], Midland Credit notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’s consumer credit files. Midland Credit has made the business decision not to request the tradeline be reinstated. Please note that this does not extinguish the debt, and the account will still remain collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] writes that the original creditor continues to report the above-referenced account on her consumer credit files. [redacted] as the original creditor may be reporting the account or may have decided to delete its tradeline when it sold the account. Whether or not the original creditor is reporting the account, the account remains valid, due and owing. If [redacted] has concerns regarding the information being reported by the original creditor, she may dispute it directly with the 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.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted]. Please have [redacted] call [redacted] to assist her 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
March 11, 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]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 16, 2010, as a [redacted]. residential telephone account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 9, 2011. The balance at the time of purchase was $709.38.
[redacted] writes that Midland Credit has ignored her validation requests. On May 20, 2013, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and informed her of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on October 15, 2014, which cannot be considered timely. In response, Midland Credit mailed [redacted] a letter requesting further documentation in support of her dispute. Subsequently, Midland Credit received two letters from [redacted] on November 19, 2014, and an e-mail from [redacted] on February 6, 2015, and again responded by mailing letters requesting documentation to assist in further investigating her claim. Midland Credit has not received further documentation supporting [redacted]’s dispute pursuant to its numerous letter requests.
[redacted] states that Midland Credit did not update the tradeline as disputed as it stated would be done in the response letters mailed to her. A review of Midland Credit’s business records indicate that it began reporting the account as disputed during its next reporting cycle after receipt of [redacted]’s dispute.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
:
Thank you for your follow-up letter inquiry dated October 9, 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.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 6, 2014. Mr. Arguedas requests that Midland Credit provide signed documents to validate the accounts. As stated in its previous response, Midland Credit reiterates that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Additionally, [redacted] writes that account no. [redacted] is too old to be appearing on his credit report. [redacted] further states that the last date of activity on the account is October 8, 2007. Please note that the original delinquency date is the date from which the seven year period is measured, not the date of last payment. The date of delinquency for account no. [redacted] is November 13, 2007. The seven-year Federal Reporting period for the above-referenced account will expire in November 2014. However, the expiration of the seven-year Federal Reporting period does not extinguish the debt.
Finally, Mr. Arguedas requests that account no. [redacted] be reported as disputed to the credit reporting agencies. A review of Midland Credit’s business records indicates that it is accurately reporting both of the above-referenced accounts to the three major credit reporting agencies, and that account no. [redacted] is being reported as disputed.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
.
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
May 21, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [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 27, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 15, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on June 22, 2014. The balance at the time of purchase was $1,944.55.
[redacted] expresses concern that Midland Credit representatives refused to provide her with validation documentation. A review of Midland Credit’s business records indicates that [redacted] spoke with Midland Credit representative [redacted] twice on April 9, 2015. Midland Credit’s review of the conversations does not appear to indicate that [redacted] refused to provide [redacted] with validation documentation.
Midland Credit sent [redacted] a validation letter on May 1, 2015. The letters were mailed to [redacted] via the United States Postal Service. The letters were not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692.
In the letters, Midland Credit provided the required disclosure of rights set forth in the FDCPA. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3).
The complaint [redacted] filed was received in a timely manner pursuant to applicable law. Upon receipt, Midland Credit acknowledged [redacted]’s dispute and annotated the account as disputed. Midland Credit has received verification information from the seller, a copy of which is enclosed for [redacted]’s records.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted]. Please have [redacted] or her attorney call [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, pursuant to [redacted]’s request to cease collection activities, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry dated October 2, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
[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 March 22, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 2, 2005 as a [redacted] general consumer loan 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 31, 2008. The balance at the time of purchase was $522.68.
While not the only item of concern identified within [redacted]’s complaint, she disputes the referenced debt. On March 26, 2010, Midland Credit mailed [redacted] a validation letter, which informed [redacted] 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 [redacted] at the same address listed within 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. Midland Credit received the first correspondence disputing the debt from [redacted] on September 5, 2014 which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
As referenced above, Midland Credit received [redacted]’s correspondence on September 5, 2014. Although the request was not timely, verification information provided by the seller was mailed to [redacted] on September 15, 2014. Another copy of the verification information provided by the seller is enclosed.
In addition, [redacted] claims Midland Credit is attempting to collect a debt past the seven-year Federal Reporting Period. A review of Midland Credit’s business records indicates that the Federal Reporting period for the above-referenced account will expire this month, October 2014. Midland Credit has already notified the three major credit reporting agencies to cease reporting the account in anticipation of the Federal Reporting period expiring. However, 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.
Lastly, as [redacted] indicates that the account does not belong to her. Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial, as well as settle the account balance.
In the meantime, 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.
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
April 11, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted] & [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 28, 2016. Midland Credit appreciates the opportunity to answer your questions.
Please note, [redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”), case no. [redacted]). Midland Credit sent a response to [redacted] through the CFPB dated April 4, 2016, a copy of that response is enclosed for your reference.
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 number [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 7, 2009, as a [redacted],[redacted]. credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 13, 2012. The balance at the time of purchase was $2,974.76.
A review of Midland Credit’s business records indicates that on March 3, 2013, this account was placed with [redacted] (“[redacted]”). [redacted] advised that suit was filed on April 18, 2013 and a judgment was entered on July 12, 2013. A copy of the judgment is enclosed in the attached response to the CFPB.
Midland Credit became the servicer of account number [redacted], on behalf of purchaser, Midland Funding, on March 29, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 6, 2003, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 2, 2012. The balance at the time of purchase was $11,631.44.
[redacted] is requesting validation on the above referenced accounts. Please note, Midland Credit mailed [redacted] separate and unique validation letters – on September 30, 2012, for account number [redacted], and on April 10, 2013, for account number [redacted]. These letters informed [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debts or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first notification of a possible dispute from the credit reporting agencies on or about January 3, 2015 for account numbers [redacted] and [redacted].
In response to the notices of possible disputes received on account number [redacted], Midland Credit mailed [redacted] a copy of the verification information provided by the seller on January 21, 2015, September 9, 2015, and February 26, 2016. A copy of the verification information provided by the seller is enclosed in the attached response to the CFPB.
Please note, upon receipt of [redacted] complaint for account number [redacted], Midland Credit acknowledged her current dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to [redacted] through the Revdex.com (“Revdex.com”) and CFPB. Additionally, Midland Credit will not furnish information for the account to the three major credit reporting agencies until it is able to provide you with verification of the debt.
[redacted] is also stating that Midland Credit is reporting an inaccurate debt and re-aging the accounts monthly. While Midland Credit is sensitive to [redacted] concerns, 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 furnishes account 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 furnished for this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
In regards to account number [redacted], Midland Credit encourages [redacted] to work with [redacted] to assist in reaching a positive resolution. The firm may be reach be reached at [redacted] Their phone number is [redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 5, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the...
Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts identified as belonging to [redacted]. Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on October 22, 2006, as a [redacted] credit card account number ending in[redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 2, 2010. The balance at the time of purchase was $3,693.96. Final payment on the account was received by Midland Credit on October 10, 2013. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 16, 2007, as a [redacted] account number ending in 1781, in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 21, 2009. The balance at the time of purchase was $1,882.39.
[redacted] expresses a concern that her first date of delinquency and last payment for account no. [redacted] were in April 2008, and that the account should not be reporting. Please note, the date of delinquency provided to Midland Credit by the original creditor is February 4, 2010. This is the date the original creditor considered the account to be delinquent. There are many different factors the original creditor takes into consideration when determining an account has become delinquent. A review of Midland Credit’s business records indicate, as [redacted] advised, the last payment received by the original creditor was on April 8, 2008. Please note, this is not the only factor the original creditor took into consideration when determining the date of delinquency. An additional review of Midland Credit’s business records indicate the Federal Reporting period for the above-referenced account does not expire until February, 2017.
During a conversation [redacted] had with a Midland Credit representative on December 10, 2015 in regards to account no. [redacted], she stated that she had documentation to show that the original creditor determined the account went delinquent in April 2008. Midland credit sent an inquiry to the original creditor and has received a response. The original creditor advised that [redacted] made purchases on the account in January 2008 which were on a “No Pay No Interest” promotion that had an expiration date of December 31, 2009. The original creditor advised they received one payment on April 8, 2008. However, the account was charged off due to non-receipt of payment on August 2, 2010, after the promotional period had expired. As referenced above, payments received on an account are not the only factor the original creditor takes into consideration when determining the date of delinquency.
In an additional conversation on December 28, 2015 between [redacted] and a Midland Credit representative, account no. [redacted] was discussed. In that conversation [redacted] advised the representative that she never had that account and it just recently began appearing on her credit file. [redacted] was advised that the account would cease reporting during an investigation.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close account no. [redacted] and to notify the three major credit reporting agencies to remove Midland Funding’s reference to both accounts from [redacted]’s consumer credit files. Account no. [redacted] will continue to reflect a paid status within Midland Credit’s files but there will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the accounts.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
August 12, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[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 July 29, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to you for which Midland Credit is furnishing account information to the credit bureaus. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 26, 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 31, 2011. The balance at the time of purchase was $1,879.69.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 27, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 25, 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 January 29, 2012. The balance at the time of purchase was $565.22.
While not the only concern addressed by [redacted], she states that debt collectors have excessively contacted her. 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.
[redacted] states that she has tried disputing this matter, yet the accounts remain in collections and on her credit report. Midland Credit mailed [redacted] separate and unique validation letters – on June 16, 2012, for account no. [redacted], and on January 7, 2013, 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 did not receive any correspondence from [redacted] in response to either letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted] also states that the accounts were opened without her consent. Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] can contact Midland Credit online at [redacted] where he/she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his/her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting for account no. [redacted] is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close account no. [redacted]. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete Midland Credit’s reference to account no. [redacted] from [redacted]’s consumer credit files.
If [redacted] now recognizes account no. [redacted] and is ready to resolve the debt, she may qualify for a reduction in her account balance. Please have [redacted] call a Midland Credit account manager at [redacted] to assist her in reaching a resolution of her account balance.
Per [redacted]’s concern that she has been receiving excessive calls, the above-referenced accounts have been marked “Direct Mail Only.” [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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 March 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on August 9, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 8, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 9, 2009. The balance at the time of purchase was $759.14.
[redacted] expresses concern that Midland Credit has not honored his requests to adjust his payment plan. A review of Midland Credit’s business records indicates that [redacted] agreed to a payment arrangement on August 18, 2011, but was unable to continue making payments in October 2011. On July 21, 2014, [redacted] agreed to another payment arrangement to resolve the balance. Subsequently, while [redacted] submitted payments according to the payment plan, he requested multiple times to adjust the dates of his payment plan. Midland Credit apologizes for any confusion [redacted] may have experienced as a result of the changes in his plan, and the timing of the letters that were sent to confirm the updated changes.
[redacted] also writes that he requested the payment dates for both January and February be moved to the last day of the month, but that he was notified by Midland Credit that the February payment would be withdrawn prior to the end of the month. Midland Credit apologizes for any miscommunication. [redacted] notification was too near the payment run date for Midland credit to be able to stop the payment from being processed. Midland Credit advised [redacted] to contact his bank directly to stop the payment. [redacted] would have been notified at the time he set the payment arrangement of the amount of time required for Midland Credit to stop payment.
With that said, in keeping with its Consumer-First policy, Midland Credit will accept the monies [redacted] has paid toward the account to date as final resolution of the account. [redacted] has no further financial obligation for this account. Midland Credit will update the credit reporting for the account as “Account paid in full, was a collection account,” with an additional memo stating “Account paid in full for less than the full 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]
October 27, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 29, 2015. Information provided by the seller,[redacted], at the time of acquisition indicates this account was originated on October 27, 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 December 2, 2014. The balance at the time of purchase was $1,372.25. Final payment on the account was received by Midland Credit on March 12, 2016. [redacted] has no further financial obligation for this account.
[redacted] alleges that Midland Credit agreed to remove the debt from his credit report when he paid it off in full. At the time of [redacted]’s final payment, it was not Midland Credit’s policy to remove paid accounts upon receipt of payment. However, in keeping with its Consumer-First approach, Midland Credit recently updated its policy regarding paid tradelines where the date of delinquency is over two years old. The three major credit reporting agencies have been notified to remove the collection tradeline. [redacted] continues to have no further financial obligation for this account.
In addition, [redacted] requests that [redacted] remove its tradeline as well. Midland Credit has no control of what information [redacted] furnishes to the credit reporting agencies If [redacted] has concerns regarding the information being reported by the original creditor, he may dispute it directly with the credit reporting agencies.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]