Ms. [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 Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 29, 2014. Information provided by the seller, Capital One Bank (USA), N.A., at the time of acquisition indicates this account was originated on September 29, 2009 as a Capital One Bank (USA), N.A. MasterCard 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 27, 2012. The balance at the time of purchase was $534.09.
Mr. [redacted] expresses a concern that his validation requests have been ignored. On August 8, 2014, Midland Credit mailed Mr. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 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 Mr. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Mr. [redacted] on May 28, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
A copy of the verification information provided by the seller is enclosed for Mr. [redacted]’s records. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If Mr. [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have Mr. [redacted] call Midland Credit Account Manager Denise Longtin at (800) 825-8131 ext. [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear Ms. [redacted]:Thank you for your follow up letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 9, 2017. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated December 28, 2016.Ms. [redacted] also requests that Midland Credit provide proof that it has the right to collect the debt. Once a creditor "charges off" an account and sells the debt, the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. A copy of the Bill of Sale is enclosed for Ms. [redacted]’s records. Ms. [redacted] continues to state that Midland Credit has failed to provide the original written agreement with her signature. As previously advised, the verification information provided to Ms. [redacted] in Midland Credit’s previous letter response 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. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.With that said, per Ms. [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Ms. [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 Ms. [redacted].Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.Sincerely, Midland Credit Management, Inc.
[redacted] Esq.Corporate Counsel, Legal Affairs & Compliance*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
[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 follow-up letter regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 4, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] states that she has not received a refund of $109.79. On July 20, 2016, [redacted] spoke with a representative who advised her that it can take at least 30 days and up to six months for the payment to be forwarded and received by Midland Credit. Midland Credit received the payment on July 26, 2016, and the refund is currently being processed. Please note that this process can take up to 30 days to complete. Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 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 November 21, 2013. Information provided by the seller, [redacted], at the time of
acquisition indicates this account was originated on June 2, 2000, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last
four of the social security number [redacted] Subsequently, the account was charged-off as
an unpaid delinquent-debt on February 29, 2012. The balance at the time of purchase was $640.78.
A
review of Midland Credit’s business records indicates that on February 16, 2014,
this account was outsourced to the law firm of [redacted] located at [redacted] Their phone number is [redacted]. Final payment on the account was received by
Midland Credit on June 19, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a desire to have the above-referenced account deleted from
his consumer credit files since the debt has been repaid. While Midland Credit is pleased that [redacted] was able to assist Mr. Gagliano in reaching a resolution which resolved the
balance of the account, it is Midland Credit’s policy to report all accounts
accurately. A review of Midland Credit’s
business records indicates that it is accurately reporting the above-referenced
account as “Account paid in full, was a
collection account.” If Midland
Credit were to delete the account, its correct and accurate status would not be
reflected.
Midland
Credit considers consumer complaints a serious matter, and fully respects consumers’
rights. Midland Credit apologizes for
the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 19, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit is unable to locate Ms. [redacted]’s account based on the address of [redacted], and phone number ###-###-####. Please have Ms. [redacted] provide any of the
following to assist in locating the account in question: the Midland Credit account number, her social
security number, the original account number, or any former names used by Ms.
[redacted]. Once that information is received,
and the account is located, Midland Credit will investigate her complaint. Ms. [redacted] may call Midland Credit’s Consumer
Support Services team at ###-###-#### to provide this information
so that Midland Credit may resolve her complaint more quickly.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit apologizes
for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at ###-###-#### should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], [redacted].
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Thank you for your letter inquiry dated October 21, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your...
questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on May 14, 2012. Information
provided by the seller, [redacted], at the time of
acquisition indicates this account was originated on November 11, 2007, as a [redacted] credit card account number ending in [redacted], in the name
of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on October 25, 2009.
The balance at the time of purchase was $830.86. Final payment on the account was received on August
25, 2014. [redacted] has no further
financial obligation for this account.
[redacted]
expresses a concern that his validation requests have been ignored. On September 19, 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 [redacted] via the United
States Postal Service, and was not returned as “undeliverable,” satisfying the
requirements set forth within the FDCPA.
Midland Credit’s
business records indicate that it did not receive any correspondence disputing
the debt or requesting validation from [redacted] response to the letter. A review of Midland Credit’s business records
indicates that it received the first correspondence requesting validation from
[redacted] on September 8, 2014, which cannot be considered timely. Additionally, by that time [redacted] had
already resolved the debt.
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.
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 November
10, 2014, regarding [redacted]’s complaint, which Midland
Credit Management, Inc. (“Midland Credit”) received the same day via
E-mail.
Midland Credit appreciates the opportunity to answer your questions.
[redacted] reiterates her request for
validation of the debt and states she will not submit a fraud affidavit without
such documentation. Midland Credit
maintains the position previously stated to [redacted]. It adhered to applicable laws, including the
Fair Debt Collection Practices Act (“FDCPA”).
The validation letter was sent to [redacted] on February 13, 2013 and correspondence requesting validation was not
received until her initial complaint to the CFPB in October 2014. The FDCPA
specifically states that, unless a consumer provides a debt collector with
notice of such a dispute within 30 days of receiving the initial validation
letter, “the debt will be assumed to be valid by the debt collector.” 15
U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
With that said, Midland Credit remains ready to assist [redacted]
in clearing her record if she believes this account does not belong to her and
she has been a victim of identity theft or fraud. As previously stated, to support such a
claim, 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.
With
that said, although [redacted]’s request is untimely, in keeping with its
Consumer-First policy, Midland Credit has ceased collection efforts, annotated
the account as disputed, and begun the process of obtaining verification
information from the seller. Once
Midland Credit has obtained verification of the debt, a copy will be forwarded
to your office. Additionally, Midland
Credit will not report the account to the three major credit reporting agencies
until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and
fully respects consumers’ rights.
Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please
contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in
Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit provided all relevant account identifying information within its previous response letter to your office, dated September 19, 2014. In her follow-up, [redacted] writes that she did not received the initial validation letter, and requests the address it was mailed to. As referenced within Midland Credit’s previous response letter, Midland Credit mailed the initial validation letter to [redacted] on January 12, 2013. The letter was mailed to [redacted], which is the same address listed on the verification documentation provided by the seller. Again, the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the Fair Debt Collection Practices Act.
Aside from the above, [redacted] also requests additional verification documentation, questioning the validity of the documentation previously provided to her. Please note that the verification information provided by the seller which was previously sent to [redacted] 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).
Lastly, while not mentioned in her initial complaint, [redacted] writes that she closed the account with [redacted] due to a breach of contract, and disputes some of the fees added to the balance by the original creditor. Midland Credit acted in a timely manner and has complied with all applicable laws. While [redacted] has not provided any details surrounding the breach of contract or provided any documentation substantiating her claim, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’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]
May 18, 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]
In its previous response dated April 1, 2016, Midland Credit stated that it had acknowledged [redacted] dispute regarding account no. [redacted] ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. [redacted] submitted another inquiry on May 4, 2016, and this response serves to address his additional concerns.
Midland Credit has 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]. There will be no further collection activity or sale of this account. In addition, as stated in is previous response, the three credit-reporting agencies were previously notified to delete Midland Funding’s reference to the collection account in question from [redacted]’s consumer credit files.
[redacted] continues to express concern that he has a letter stating that the accounts would be removed from his credit report. As indicated in its previous response, Midland Credit previously made the business decision to close account nos. [redacted] and [redacted] on February 8, 2016. Shortly thereafter, Midland Credit notified the three major credit reporting agencies to cease reporting the tradelines of account nos. [redacted] and [redacted]. Midland Credit ceased furnishing information for the tradeline for account nos. [redacted] and [redacted] on February 29, 2016, and for account no. [redacted] on April 11, 2016. Please note that the credit reporting agencies have advised that they may require 30 to 60 days to update to a consumer’s credit files.
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.
Counselor your letter is good and dandy but your company sends letters that one department does not know about. On 11/4/2015 and 11/23/15 a letter was received that the account was investigated and WOULD be reported to credit bureaus. After a telephone call to your poorly run customer service a letter was placed and sent on November 15, 2015 denying the marital debt and requesting verification and a copy of a contract. Yet another response was received on 12/14/2015 stating as to my letter of 11/15/2015. ,no information was reported to credit bureaus. So as you can see, I am confused by your company actions.
I want a letter stating that all letters have been reviewed and the final decision is to not sell the debt or place on the credit report.
Thank you.
[redacted]Regards,[redacted]
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated July 23, 2015. [redacted] asserts that Midland Credit did not respond to her request for validation within the 30 day period provided for by the Texas Finance Code. As stated in its previous responses; Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 15, 2015. Based on the information she provided, and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on April 29, 2015, advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller was enclosed.
In response to subsequent requests for validation received on April 20, 2015, April 30, 2015, and June 19, 2015, Midland Credit confirmed that its credit file and credit reporting of the account remained accurate. Letters were mailed on April 29, 2015, May 11, 2015, and July 6, 2015 respectively. All of the letters sent to [redacted] were mailed to the same address listed in her complaint. All of the referenced response letters were mailed to [redacted] within 30 days of receipt of each of her requests as required by the Texas Finance Code.
[redacted] also asserts that Midland Credit did not cease collection activity during the 30 day validation period. Again Midland Credit mailed [redacted] its initial letter setting forth [redacted] validation rights on October 6, 2014. [redacted] did not dispute the account or request validation of the debt until April 15, 2015, which cannot be considered timely.
Additionally, Midland Credit has not attempted contact with [redacted] since receipt of her first letter requesting validation on April 15, 2015. Any correspondence sent to [redacted] since that time has been to respond to her requests for validation as required by the Texas Finance Code. As stated in its previous response, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act. Midland Credit must respectfully maintain its position that validation information was provided within a timely manner and that it appropriately ceased collection efforts upon receipt of the request.
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]
April 29, 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 follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 15, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 14, 2016. In the previous response Midland Credit stated that it had acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Midland Credit has since obtained verification information from the seller. A copy of the verification information is enclosed.
[redacted] expresses a concern that Midland Credit is irresponsibly furnishing information to 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.
Please note that during this investigation period, Midland Credit had notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’s consumer credit files, and it has made the business decision not to request the tradeline be reinstated.
A review of Midland Credit’s business records indicates that [redacted] called and spoke with a Midland Credit representative on April 27, 2016. During the conversation [redacted] advised she would like to resolve the debt. On April 28, 2016, [redacted] made payment to resolve the balance for the account. Midland Credit has updated its file to reflect a paid status on the above-referenced account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 16, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 29, 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 January 18, 2010. The balance at the time of purchase was $1,093.59.
While not the only item of concern, [redacted] writes that when she contacted the original creditor, the representative advised her that no information could be provided. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] further expresses a concern that she is not familiar with the account. On July 22, 2010, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. 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]’s letter references a requirement that the original creditor respond to her dispute within 30 days, and that the account was inappropriately transferred to Midland Funding. If [redacted] has further information as to when she disputed the account with the original creditor, or documentation establishing her initial dispute, Midland Credit respectfully requests that [redacted] forward such information so that it may investigate the matter further.
With that said, as [redacted] writes that the account may have been opened by her ex-husband, 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.
Per [redacted]’s request for collection attempts to cease, 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.
Additionally, [redacted] references phone number [redacted] as a ‘[redacted]’ phone number that is no longer valid. While neither Midland Funding nor Midland Credit have any affiliation with a [redacted], the phone number [redacted] is valid phone number in use by Midland Credit.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved. This was a wise move since there was not proof on your company's part that this was ever MINE!
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The claim states that the records have been verified yet there is nothing attached showing my signature on anything. Per conversations with Midland, the last activity on the [redacted] account that they are holding was Oct 8, 2007. Per FCDPA, tomorrow will mark the 7 years since there was activity on the account and should no longer be reported to any bureau. The request I have is pretty simple. Please provide any documentation showing my signature on any transaction to prove validity.
In the absence of being able to provide tangible proof to the claim, no other summation can be made that MCM is attempting to collect a bogus debt and is reporting as such to the credit bureau. Simply stating someone owes something does not make it so. Actual evidence with signatures, etc are needed. I have asked numerous times for such proof with no such action from the collector. Since the 7 years from last activity is on Oct 8, MCM can remove the account for [redacted]. For the [redacted] account, MCM should at the very least report that as disputed as it is true and also law that if a collector knows that a consumer is disputing a debt that the collector must report it as such. That will be a start.
Regards,
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received 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 August 30, 2007, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 26, 2009. The balance at the time of purchase was $848.04, which was also the balance at the time the debt charged-off. The current balance owed is $1,884.25, which is comprised of the charge-off amount of $848.04, plus $257.40 in pre-judgment interest, $202.00 in court costs, $163.11 in post-judgment costs, $323.97 in post-judgment interest, and a 5% Marshal fee of $89.73.
[redacted] writes that the debt was paid to another agency and that he has no documentation in support of his claim. [redacted] also writes that Midland Credit has increased the balance, and that the credit limit was originally $300.00. Please note, while the credit limit may set the maximum amount of credit given to a consumer, additional interest and fees charged by the original creditor are allowable by law.
On August 20, 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 [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from [redacted] in response to the letter. Midland Credit received first notice of possible dispute from the credit reporting agencies on December 17, 2012, 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.
When a resolution could not be reached, on November 6, 2011, this account was outsourced to the law firm of [redacted] located at [redacted]. Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm and inquired with them regarding the matter. The firm advised that suit was filed on February 9, 2012, and [redacted] was served on March 13, 2012. A copy of the affidavit of service is enclosed. Subsequently, a judgment was obtained on August 22, 2012, a copy of which is also enclosed.
The firm states that on May 2, 2012, January 16, 2012, and February 12, 2015, [redacted] verbally disputed that the debt was previously paid. However, the firm advises that [redacted] did not provide any documentation in support of his claim and did not provide an answer to the complaint in the above-referenced suit.
However, 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 his claim. [redacted] may forward the appropriate documentation to Consumer Support Services at the address on this letterhead.
[redacted] also 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. A copy of the credit card agreement substantiating that Midland Credit is within its rights to continue accruing interest on the account is enclosed.
[redacted] advise that a wage execution was served on [redacted]'s employer. However, Midland Credit encourages [redacted] to contact [redacted] at [redacted], to assist in reaching a voluntary resolution.
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
Tell us why here...Dear Ms. Passick:Thank you for...
your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 22, 2017. Midland Credit appreciates the opportunity to answer your questions.An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 9, 2010. Information provided by the seller, [redacted]. The balance at the time of purchase was $8,179.70. A review of Midland Credit’s business records indicates that on February 17, 2013, this account was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”). Mr. [redacted] expresses a concern that he does not receive a monthly statement from Midland Credit and that he needs one for his personal records. The Internal Legal Department’s business records indicate that Mr. [redacted] entered into a settlement agreement on January 3, 2014, agreeing to pay $50.00 per month until a total of $4,000.00 has been paid. The Internal Legal Department’s business records also indicate that Mr. [redacted] requested monthly statements in June 2016 and again in July 2016. The Internal Legal Department advised there was a change in vendors for the letters and, during the transitional period, some consumers did not receive monthly statements. However, that issue has since been resolved and Mr. [redacted] has consistently received monthly statements since November 2016. The Internal Legal Department’s business records further indicate that the current balance for the referenced account is $3,100.01, and 62 payments of $50.00 remain. Midland Credit encourages Mr. [redacted] to continue to work with the Internal Legal Department. He may reach the Internal Legal Department at PO Box 939050, San Diego, CA, 92193. Their phone number is 866-300-8750.In the meantime, per Mr. [redacted]’s previous concerns, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, he will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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. 32917 should you have any further questions.Sincerely, Midland Credit Management, Inc. [redacted], Esq.*Corporate Counsel *Admitted in Michigan, Not Admitted in CaliforniaKW: [redacted]
December 7, 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 November 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated November 19, 2015. Per [redacted] request to know who the original creditor is, please advise her that this account originated on March 31, 1999, as a [redacted] account.
[redacted] continues to express a concern that Midland Credit has failed to verify the debt. As stated in its previous response, Midland Credit previously acknowledged [redacted] dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Please note that Midland Credit is still in the process of verifying the debt. Once Midland Credit has obtained verification, a copy will be sent to your office. Additionally, as previously stated, Midland Credit will continue to not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
While not referenced in [redacted] original complaint through your office, [redacted] requests proof of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations is set to expire on September 26, 2017. 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.
[redacted] also requests proof that Midland Credit is licensed to conduct business in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed in every state which requires such licensing for collection companies, including [redacted] where Midland Credit holds several licenses. Please have [redacted] contact the Office of the Consumer Credit Commissioner for more information regarding licensing requirements. Information regarding licensing can be found on their website, [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]
Thank you for your letter inquiry regarding [redacted] ’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] references three accounts...
of which Midland Credit is attempting to collect; please note that Midland Credit is the servicer of only two accounts for [redacted]. A judgment has been obtained on one of the accounts.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on February 17, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 31, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 6, 2012.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 18, 2010, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 28, 2011.
[redacted] expresses concern that Midland Credit is attempting to collect on accounts which are not his and which may be the result of fraud. Midland Credit mailed [redacted] separate and unique validation letters – on February 27, 2012, for account no. [redacted], and on November 21, 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 written correspondence requesting validation directly from [redacted] concerning account no. [redacted] on May 8, 2015. Midland Credit has not previously received any correspondence concerning account no. [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted]’s letter references a requirement that Midland Credit respond to his dispute within 30 days. Please note that neither the FDCPA nor existing law requires a debt collector to provide a response within 30 days. Midland Credit takes all allegations of improper conduct seriously, and does everything it can to avoid any possible violation of the FDCPA and other applicable laws and regulations. While Midland Credit acknowledges [redacted]’s right to dispute the debt, Midland Credit is handling his account appropriately, and will continue to do so.
A review of Midland Credit’s business records indicates that on July 22, 2012, account no. [redacted] was assigned to the law firm of [redacted] located at [redacted] Their phone number is [redacted]. Midland Credit has forwarded a copy of the complaint to the firm and inquired regarding the matter. [redacted] has advised that an initial notice of the debt was mailed to [redacted] on or about July 25, 2012. When a resolution could not be reached, suit was filed on August 31, 2012 and [redacted] was served by the Court on or about September 10, 2012.
On September 18, 2012, and September 25, 2012, [redacted] contacted [redacted] office and agreed to a Stipulation of Settlement for $127.66 per month to resolve the balance for $638.12 beginning September 28, 2012. The first payment was made on October 2, 2012, and the agreement was signed and submitted to the Court on October 4, 2012. However, no additional payments were submitted. [redacted] entered into a new arrangement on January 22, 2013, under a Consent Order Withholding Wage Execution for $250.00 per month beginning February 22, 2013, and judgment was subsequently entered on January 24, 2013. [redacted] worked with [redacted] to make payment arrangements, and final payment for the balance was received on March 10, 2014. [redacted] submitted the closing document to the Court on March 14, 2014, and updated the account as paid in full.
While the account was being updated to a paid status, [redacted] contacted Midland Credit to inquire about the status of his account, and now questions the alleged conduct of certain Midland Credit employees during that call. Please note that the alleged conduct described by [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
A review of Midland Credit’s business records indicates that [redacted]’s was appropriately updated, and that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” The credit reporting agencies report the judgment as a matter of public record and do so in accordance with applicable law. Midland Credit has no control over the credit reporting of any matters of public record.
Midland Credit stands ready to assist [redacted] regarding account no. [redacted] 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 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 also contact Midland Credit online at [redacted] where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information on this letterhead.
Due to [redacted]’s concerns, the above-referenced accounts have been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
August 3, 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]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 29, 2014. Information provided by the seller, Capital One Bank (USA), N.A., at the time of acquisition indicates this account was originated on September 29, 2009 as a Capital One Bank (USA), N.A. MasterCard 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 27, 2012. The balance at the time of purchase was $534.09.
Mr. [redacted] expresses a concern that his validation requests have been ignored. On August 8, 2014, Midland Credit mailed Mr. [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 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 Mr. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Mr. [redacted] on May 28, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
A copy of the verification information provided by the seller is enclosed for Mr. [redacted]’s records. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If Mr. [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have Mr. [redacted] call Midland Credit Account Manager Denise Longtin at (800) 825-8131 ext. [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
GJG: ivf
Enclosure
Dear Ms. [redacted]:Thank you for your follow up letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 9, 2017. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated December 28, 2016.Ms. [redacted] also requests that Midland Credit provide proof that it has the right to collect the debt. Once a creditor "charges off" an account and sells the debt, the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. A copy of the Bill of Sale is enclosed for Ms. [redacted]’s records. Ms. [redacted] continues to state that Midland Credit has failed to provide the original written agreement with her signature. As previously advised, the verification information provided to Ms. [redacted] in Midland Credit’s previous letter response 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. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.With that said, per Ms. [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Ms. [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 Ms. [redacted].Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.Sincerely, Midland Credit Management, Inc.
[redacted] Esq.Corporate Counsel, Legal Affairs & Compliance*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
August 12, 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 follow-up letter regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 4, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] states that she has not received a refund of $109.79. On July 20, 2016, [redacted] spoke with a representative who advised her that it can take at least 30 days and up to six months for the payment to be forwarded and received by Midland Credit. Midland Credit received the payment on July 26, 2016, and the refund is currently being processed. Please note that this process can take up to 30 days to complete. 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
February 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 November 21, 2013. Information provided by the seller, [redacted], at the time of
acquisition indicates this account was originated on June 2, 2000, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last
four of the social security number [redacted] Subsequently, the account was charged-off as
an unpaid delinquent-debt on February 29, 2012. The balance at the time of purchase was $640.78.
A
review of Midland Credit’s business records indicates that on February 16, 2014,
this account was outsourced to the law firm of [redacted] located at [redacted] Their phone number is [redacted]. Final payment on the account was received by
Midland Credit on June 19, 2014. [redacted] has no further financial obligation for this account.
[redacted] expresses a desire to have the above-referenced account deleted from
his consumer credit files since the debt has been repaid. While Midland Credit is pleased that [redacted] was able to assist Mr. Gagliano in reaching a resolution which resolved the
balance of the account, it is Midland Credit’s policy to report all accounts
accurately. A review of Midland Credit’s
business records indicates that it is accurately reporting the above-referenced
account as “Account paid in full, was a
collection account.” If Midland
Credit were to delete the account, its correct and accurate status would not be
reflected.
Midland
Credit considers consumer complaints a serious matter, and fully respects consumers’
rights. Midland Credit apologizes for
the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Ms. [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 19, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit is unable to locate Ms. [redacted]’s account based on the address of [redacted], and phone number ###-###-####. Please have Ms. [redacted] provide any of the
following to assist in locating the account in question: the Midland Credit account number, her social
security number, the original account number, or any former names used by Ms.
[redacted]. Once that information is received,
and the account is located, Midland Credit will investigate her complaint. Ms. [redacted] may call Midland Credit’s Consumer
Support Services team at ###-###-#### to provide this information
so that Midland Credit may resolve her complaint more quickly.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit apologizes
for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at ###-###-#### should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], [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 October 21, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your...
questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on May 14, 2012. Information
provided by the seller, [redacted], at the time of
acquisition indicates this account was originated on November 11, 2007, as a [redacted] credit card account number ending in [redacted], in the name
of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on October 25, 2009.
The balance at the time of purchase was $830.86. Final payment on the account was received on August
25, 2014. [redacted] has no further
financial obligation for this account.
[redacted]
expresses a concern that his validation requests have been ignored. On September 19, 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 [redacted] via the United
States Postal Service, and was not returned as “undeliverable,” satisfying the
requirements set forth within the FDCPA.
Midland Credit’s
business records indicate that it did not receive any correspondence disputing
the debt or requesting validation from [redacted] response to the letter. A review of Midland Credit’s business records
indicates that it received the first correspondence requesting validation from
[redacted] on September 8, 2014, which cannot be considered timely. Additionally, by that time [redacted] had
already resolved the debt.
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.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated November
10, 2014, regarding [redacted]’s complaint, which Midland
Credit Management, Inc. (“Midland Credit”) received the same day via
E-mail.
Midland Credit appreciates the opportunity to answer your questions.
[redacted] reiterates her request for
validation of the debt and states she will not submit a fraud affidavit without
such documentation. Midland Credit
maintains the position previously stated to [redacted]. It adhered to applicable laws, including the
Fair Debt Collection Practices Act (“FDCPA”).
The validation letter was sent to [redacted] on February 13, 2013 and correspondence requesting validation was not
received until her initial complaint to the CFPB in October 2014. The FDCPA
specifically states that, unless a consumer provides a debt collector with
notice of such a dispute within 30 days of receiving the initial validation
letter, “the debt will be assumed to be valid by the debt collector.” 15
U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
With that said, Midland Credit remains ready to assist [redacted]
in clearing her record if she believes this account does not belong to her and
she has been a victim of identity theft or fraud. As previously stated, to support such a
claim, 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.
With
that said, although [redacted]’s request is untimely, in keeping with its
Consumer-First policy, Midland Credit has ceased collection efforts, annotated
the account as disputed, and begun the process of obtaining verification
information from the seller. Once
Midland Credit has obtained verification of the debt, a copy will be forwarded
to your office. Additionally, Midland
Credit will not report the account to the three major credit reporting agencies
until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and
fully respects consumers’ rights.
Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please
contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in
Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit provided all relevant account identifying information within its previous response letter to your office, dated September 19, 2014. In her follow-up, [redacted] writes that she did not received the initial validation letter, and requests the address it was mailed to. As referenced within Midland Credit’s previous response letter, Midland Credit mailed the initial validation letter to [redacted] on January 12, 2013. The letter was mailed to [redacted], which is the same address listed on the verification documentation provided by the seller. Again, the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the Fair Debt Collection Practices Act.
Aside from the above, [redacted] also requests additional verification documentation, questioning the validity of the documentation previously provided to her. Please note that the verification information provided by the seller which was previously sent to [redacted] 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).
Lastly, while not mentioned in her initial complaint, [redacted] writes that she closed the account with [redacted] due to a breach of contract, and disputes some of the fees added to the balance by the original creditor. Midland Credit acted in a timely manner and has complied with all applicable laws. While [redacted] has not provided any details surrounding the breach of contract or provided any documentation substantiating her claim, Midland Credit has made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’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]
May 18, 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]
In its previous response dated April 1, 2016, Midland Credit stated that it had acknowledged [redacted] dispute regarding account no. [redacted] ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. [redacted] submitted another inquiry on May 4, 2016, and this response serves to address his additional concerns.
Midland Credit has 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]. There will be no further collection activity or sale of this account. In addition, as stated in is previous response, the three credit-reporting agencies were previously notified to delete Midland Funding’s reference to the collection account in question from [redacted]’s consumer credit files.
[redacted] continues to express concern that he has a letter stating that the accounts would be removed from his credit report. As indicated in its previous response, Midland Credit previously made the business decision to close account nos. [redacted] and [redacted] on February 8, 2016. Shortly thereafter, Midland Credit notified the three major credit reporting agencies to cease reporting the tradelines of account nos. [redacted] and [redacted]. Midland Credit ceased furnishing information for the tradeline for account nos. [redacted] and [redacted] on February 29, 2016, and for account no. [redacted] on April 11, 2016. Please note that the credit reporting agencies have advised that they may require 30 to 60 days to update to a consumer’s credit files.
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.
Counselor your letter is good and dandy but your company sends letters that one department does not know about. On 11/4/2015 and 11/23/15 a letter was received that the account was investigated and WOULD be reported to credit bureaus. After a telephone call to your poorly run customer service a letter was placed and sent on November 15, 2015 denying the marital debt and requesting verification and a copy of a contract. Yet another response was received on 12/14/2015 stating as to my letter of 11/15/2015. ,no information was reported to credit bureaus. So as you can see, I am confused by your company actions.
I want a letter stating that all letters have been reviewed and the final decision is to not sell the debt or place on the credit report.
Thank you.
[redacted]Regards,[redacted]
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated July 23, 2015. [redacted] asserts that Midland Credit did not respond to her request for validation within the 30 day period provided for by the Texas Finance Code. As stated in its previous responses; Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 15, 2015. Based on the information she provided, and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on April 29, 2015, advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller was enclosed.
In response to subsequent requests for validation received on April 20, 2015, April 30, 2015, and June 19, 2015, Midland Credit confirmed that its credit file and credit reporting of the account remained accurate. Letters were mailed on April 29, 2015, May 11, 2015, and July 6, 2015 respectively. All of the letters sent to [redacted] were mailed to the same address listed in her complaint. All of the referenced response letters were mailed to [redacted] within 30 days of receipt of each of her requests as required by the Texas Finance Code.
[redacted] also asserts that Midland Credit did not cease collection activity during the 30 day validation period. Again Midland Credit mailed [redacted] its initial letter setting forth [redacted] validation rights on October 6, 2014. [redacted] did not dispute the account or request validation of the debt until April 15, 2015, which cannot be considered timely.
Additionally, Midland Credit has not attempted contact with [redacted] since receipt of her first letter requesting validation on April 15, 2015. Any correspondence sent to [redacted] since that time has been to respond to her requests for validation as required by the Texas Finance Code. As stated in its previous response, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act. Midland Credit must respectfully maintain its position that validation information was provided within a timely manner and that it appropriately ceased collection efforts upon receipt of the request.
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]
April 29, 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 follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 15, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 14, 2016. In the previous response Midland Credit stated that it had acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Midland Credit has since obtained verification information from the seller. A copy of the verification information is enclosed.
[redacted] expresses a concern that Midland Credit is irresponsibly furnishing information to 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.
Please note that during this investigation period, Midland Credit had notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’s consumer credit files, and it has made the business decision not to request the tradeline be reinstated.
A review of Midland Credit’s business records indicates that [redacted] called and spoke with a Midland Credit representative on April 27, 2016. During the conversation [redacted] advised she would like to resolve the debt. On April 28, 2016, [redacted] made payment to resolve the balance for the account. Midland Credit has updated its file to reflect a paid status on the above-referenced account. [redacted] has no further financial obligation for this account.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates...
that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 16, 2010. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 29, 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 January 18, 2010. The balance at the time of purchase was $1,093.59.
While not the only item of concern, [redacted] writes that when she contacted the original creditor, the representative advised her that no information could be provided. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] further expresses a concern that she is not familiar with the account. On July 22, 2010, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. 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]’s letter references a requirement that the original creditor respond to her dispute within 30 days, and that the account was inappropriately transferred to Midland Funding. If [redacted] has further information as to when she disputed the account with the original creditor, or documentation establishing her initial dispute, Midland Credit respectfully requests that [redacted] forward such information so that it may investigate the matter further.
With that said, as [redacted] writes that the account may have been opened by her ex-husband, 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.
Per [redacted]’s request for collection attempts to cease, 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.
Additionally, [redacted] references phone number [redacted] as a ‘[redacted]’ phone number that is no longer valid. While neither Midland Funding nor Midland Credit have any affiliation with a [redacted], the phone number [redacted] is valid phone number in use by Midland Credit.
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. This was a wise move since there was not proof on your company's part that this was ever MINE!
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The claim states that the records have been verified yet there is nothing attached showing my signature on anything. Per conversations with Midland, the last activity on the [redacted] account that they are holding was Oct 8, 2007. Per FCDPA, tomorrow will mark the 7 years since there was activity on the account and should no longer be reported to any bureau. The request I have is pretty simple. Please provide any documentation showing my signature on any transaction to prove validity.
In the absence of being able to provide tangible proof to the claim, no other summation can be made that MCM is attempting to collect a bogus debt and is reporting as such to the credit bureau. Simply stating someone owes something does not make it so. Actual evidence with signatures, etc are needed. I have asked numerous times for such proof with no such action from the collector. Since the 7 years from last activity is on Oct 8, MCM can remove the account for [redacted]. For the [redacted] account, MCM should at the very least report that as disputed as it is true and also law that if a collector knows that a consumer is disputing a debt that the collector must report it as such. That will be a start.
Regards,
[redacted]
March 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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s 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 August 30, 2007, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 26, 2009. The balance at the time of purchase was $848.04, which was also the balance at the time the debt charged-off. The current balance owed is $1,884.25, which is comprised of the charge-off amount of $848.04, plus $257.40 in pre-judgment interest, $202.00 in court costs, $163.11 in post-judgment costs, $323.97 in post-judgment interest, and a 5% Marshal fee of $89.73.
[redacted] writes that the debt was paid to another agency and that he has no documentation in support of his claim. [redacted] also writes that Midland Credit has increased the balance, and that the credit limit was originally $300.00. Please note, while the credit limit may set the maximum amount of credit given to a consumer, additional interest and fees charged by the original creditor are allowable by law.
On August 20, 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 [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from [redacted] in response to the letter. Midland Credit received first notice of possible dispute from the credit reporting agencies on December 17, 2012, 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.
When a resolution could not be reached, on November 6, 2011, this account was outsourced to the law firm of [redacted] located at [redacted]. Their phone number is [redacted]. Midland Credit has forwarded a copy of [redacted]’s complaint to the firm and inquired with them regarding the matter. The firm advised that suit was filed on February 9, 2012, and [redacted] was served on March 13, 2012. A copy of the affidavit of service is enclosed. Subsequently, a judgment was obtained on August 22, 2012, a copy of which is also enclosed.
The firm states that on May 2, 2012, January 16, 2012, and February 12, 2015, [redacted] verbally disputed that the debt was previously paid. However, the firm advises that [redacted] did not provide any documentation in support of his claim and did not provide an answer to the complaint in the above-referenced suit.
However, 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 his claim. [redacted] may forward the appropriate documentation to Consumer Support Services at the address on this letterhead.
[redacted] also 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. A copy of the credit card agreement substantiating that Midland Credit is within its rights to continue accruing interest on the account is enclosed.
[redacted] advise that a wage execution was served on [redacted]'s employer. However, Midland Credit encourages [redacted] to contact [redacted] at [redacted], to assist in reaching a voluntary resolution.
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
Tell us why here...Dear Ms. Passick:Thank you for...
your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 22, 2017. Midland Credit appreciates the opportunity to answer your questions.An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 9, 2010. Information provided by the seller, [redacted]. The balance at the time of purchase was $8,179.70. A review of Midland Credit’s business records indicates that on February 17, 2013, this account was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”). Mr. [redacted] expresses a concern that he does not receive a monthly statement from Midland Credit and that he needs one for his personal records. The Internal Legal Department’s business records indicate that Mr. [redacted] entered into a settlement agreement on January 3, 2014, agreeing to pay $50.00 per month until a total of $4,000.00 has been paid. The Internal Legal Department’s business records also indicate that Mr. [redacted] requested monthly statements in June 2016 and again in July 2016. The Internal Legal Department advised there was a change in vendors for the letters and, during the transitional period, some consumers did not receive monthly statements. However, that issue has since been resolved and Mr. [redacted] has consistently received monthly statements since November 2016. The Internal Legal Department’s business records further indicate that the current balance for the referenced account is $3,100.01, and 62 payments of $50.00 remain. Midland Credit encourages Mr. [redacted] to continue to work with the Internal Legal Department. He may reach the Internal Legal Department at PO Box 939050, San Diego, CA, 92193. Their phone number is 866-300-8750.In the meantime, per Mr. [redacted]’s previous concerns, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, he will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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. 32917 should you have any further questions.Sincerely, Midland Credit Management, Inc. [redacted], Esq.*Corporate Counsel *Admitted in Michigan, Not Admitted in CaliforniaKW: [redacted]
December 7, 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 November 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated November 19, 2015. Per [redacted] request to know who the original creditor is, please advise her that this account originated on March 31, 1999, as a [redacted] account.
[redacted] continues to express a concern that Midland Credit has failed to verify the debt. As stated in its previous response, Midland Credit previously acknowledged [redacted] dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Please note that Midland Credit is still in the process of verifying the debt. Once Midland Credit has obtained verification, a copy will be sent to your office. Additionally, as previously stated, Midland Credit will continue to not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
While not referenced in [redacted] original complaint through your office, [redacted] requests proof of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations is set to expire on September 26, 2017. 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.
[redacted] also requests proof that Midland Credit is licensed to conduct business in the State of [redacted]. Please assure [redacted] that Midland Credit is licensed in every state which requires such licensing for collection companies, including [redacted] where Midland Credit holds several licenses. Please have [redacted] contact the Office of the Consumer Credit Commissioner for more information regarding licensing requirements. Information regarding licensing can be found on their website, [redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] ’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 1, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] references three accounts...
of which Midland Credit is attempting to collect; please note that Midland Credit is the servicer of only two accounts for [redacted]. A judgment has been obtained on one of the accounts.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on February 17, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 31, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 6, 2012.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 18, 2010, as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 28, 2011.
[redacted] expresses concern that Midland Credit is attempting to collect on accounts which are not his and which may be the result of fraud. Midland Credit mailed [redacted] separate and unique validation letters – on February 27, 2012, for account no. [redacted], and on November 21, 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 written correspondence requesting validation directly from [redacted] concerning account no. [redacted] on May 8, 2015. Midland Credit has not previously received any correspondence concerning account no. [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
[redacted]’s letter references a requirement that Midland Credit respond to his dispute within 30 days. Please note that neither the FDCPA nor existing law requires a debt collector to provide a response within 30 days. Midland Credit takes all allegations of improper conduct seriously, and does everything it can to avoid any possible violation of the FDCPA and other applicable laws and regulations. While Midland Credit acknowledges [redacted]’s right to dispute the debt, Midland Credit is handling his account appropriately, and will continue to do so.
A review of Midland Credit’s business records indicates that on July 22, 2012, account no. [redacted] was assigned to the law firm of [redacted] located at [redacted] Their phone number is [redacted]. Midland Credit has forwarded a copy of the complaint to the firm and inquired regarding the matter. [redacted] has advised that an initial notice of the debt was mailed to [redacted] on or about July 25, 2012. When a resolution could not be reached, suit was filed on August 31, 2012 and [redacted] was served by the Court on or about September 10, 2012.
On September 18, 2012, and September 25, 2012, [redacted] contacted [redacted] office and agreed to a Stipulation of Settlement for $127.66 per month to resolve the balance for $638.12 beginning September 28, 2012. The first payment was made on October 2, 2012, and the agreement was signed and submitted to the Court on October 4, 2012. However, no additional payments were submitted. [redacted] entered into a new arrangement on January 22, 2013, under a Consent Order Withholding Wage Execution for $250.00 per month beginning February 22, 2013, and judgment was subsequently entered on January 24, 2013. [redacted] worked with [redacted] to make payment arrangements, and final payment for the balance was received on March 10, 2014. [redacted] submitted the closing document to the Court on March 14, 2014, and updated the account as paid in full.
While the account was being updated to a paid status, [redacted] contacted Midland Credit to inquire about the status of his account, and now questions the alleged conduct of certain Midland Credit employees during that call. Please note that the alleged conduct described by [redacted] is being investigated. Midland Credit fully respects consumers’ rights and privacy and has established policies and procedures designed to protect those rights. However, if, in spite of Midland Credit’s best efforts to ensure professional and courteous communications at all times, it is determined that a violation of company policy may have occurred, the same will be addressed and dealt with in a prompt and appropriate manner.
A review of Midland Credit’s business records indicates that [redacted]’s was appropriately updated, and that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” The credit reporting agencies report the judgment as a matter of public record and do so in accordance with applicable law. Midland Credit has no control over the credit reporting of any matters of public record.
Midland Credit stands ready to assist [redacted] regarding account no. [redacted] 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 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 also contact Midland Credit online at [redacted] where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. [redacted] may also forward appropriate documentation to CSS using the contact information on this letterhead.
Due to [redacted]’s concerns, the above-referenced accounts have been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]