August 5,
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** ***
Revdex.com#
***
MCM# ***
Dear *** ***
Thank you for your letter inquiry dated July 23, 2014, regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 21, 2011. Information provided by the seller, *** ***, at the time of acquisition indicates this account was originated on August 1, as an *** *** account number ending in ***, in the name of *** * *** under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2009. The balance at the time of purchase was $4,620.23. The current balance including payments received is $4,
*** *** expresses concern that the above-referenced account was included in a bankruptcy filed by her deceased husband over twenty years ago and requests that Midland Credit remove its tradeline from her consumer credit files. A review of Midland Credit’s business records indicates that a Chapter Bankruptcy, petition no*** was filed on February 24, and discharged on November 12, 1990. As the above-referenced account was originated on August 1, 2001, it could not have been included in that bankruptcy filing.
If *** *** believes that the account was included in a separate bankruptcy filing, she is encouraged to contact Midland Credit’s bankruptcy department at *** *** *** *** to provide further information. Until that information is provided, based on the information provided by the seller, Midland Credit must respectfully conclude the debt remains valid, due and owing to it 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
Otherwise, If *** *** is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have *** *** call Account Manager *** *** at *** *** *** *** to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
March 11,
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** *** ***
Revdex.com# ***
Dear *** ***
Thank you for your letter
inquiry regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions
*** *** writes that she recently received a check from Midland Credit, made to the spouse of a client, and requests information as to why she received the check*** *** also requests to know why she is listed as having power of attorney for the account
An investigation of this matter indicates that the original issuer forwarded a payment for the account in 2010, along with documentation from *** *** concerning the payment. Because her information was included in the documents forwarded by the original issuer, *** ***’s contact information was mistakenly updated to the account as a Power of Attorney. Midland Credit apologizes for the inconvenience
Regarding the check *** *** received, a review of records indicates that the original issuer forwarded the payment to Midland Credit in error, and the payment was returned to the address on file. However, Midland Credit has now issued a stop payment on the check, and will return the payment back to the issuer. Additionally, *** ***’s contact information has been removed from the account
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***:
Thank you for your follletter inquiry dated August 26, 2014, regarding *** ***’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
*** *** asks for proof that the initial validation letter was mailed to them on February 16, 2012. Midland Credit does not send its validation letters via certified mail, nor does it keep copies of every letter sent. A review of Midland Credit’s business records indicates that the letter was mailed, and that it was not returned as undeliverable. As such, Midland Credit satisfied its obligations under the FDCPA
*** *** also questions whether the account is collectible due to the expiration of the Statute of Limitations. A review of Midland Credit’s business records indicates that the Statute of Limitations expired on November 26, 2011. However, please note that the passing of the Statute of Limitations does not extinguish the validity of the debtRather, it merely eliminates litigation as a potential remedy to collect the debt. The account remains collectible, due, and owing to Midland Credit
Similar to the Statute of Limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in November A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies
With that said, *** *** states they never had a credit card through *** *** *** *** *** Midland Credit stands ready to assist in clearing *** ***’s record if they have been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that *** *** provide it with a copy of either a police report or affidavit of fraud showing that they reported the fraudulent activity. Please note that an affidavit of fraud can be found at *** If submitting an affidavit of fraud, *** *** should complete the form and have it notarized. They may forward appropriate documentation to Consumer Support Services at the address on this letterhead. Until such documentation is received, based on the information available to it, Midland Credit must respectfully conclude the account remains valid, due and owing to it.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Please note that Midland Credit Management, Inc("Midland Credit") requires additional time to fully investigate the matter and provide the information requested. Thank you for your understanding, and a response will be provided upon the conclusion of Midland Credit’s investigation, within
the next days
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, 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,
*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
I am requesting information on the Statute of Limitations mentioned in the documentation from MidlandI do not see a validation notice on the documentation provided by MidlandI am requesting a verification of the debt, including, but not limited to, all documentation that pertains to the agreement between Midland and the original creditorI am requesting that Midland has the debt removed from my credit report
Regards,
*** ***
March 13,
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** ***
Revdex.com#
***
Dear *** ***
Thank you for your letter inquiry regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received March 2, 2015. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, *** *** phone number was provided to Midland Credit representatives by a third party In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
*** *** phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. *** *** will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, *** ***’s phone number, *** *** has been added to an exclusion list to prevent it from being called in the future regarding the referenced account
Midland Credit acted in a timely manner and has complied with all applicable laws. Midland Credit respectfully declines *** ***’s request for monetary compensation
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***. 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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
May 7,
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** ** ***
Revdex.com#
***
MCM# ***
Dear *** ***
Thank you for your letter inquiry regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received April 24, 2015. Midland Credit appreciates the opportunity to answer your questions
*** *** filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 8, 2012. Information provided by the seller, *** *** *** ***, at the time of acquisition indicates this account was originated on June 3, 2005, as a *** *** account number ending in ***, in the name of *** ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2009. The balance at the time of purchase was $482.26. Final payment on the account was received by Midland Credit on March 13, 2013. You have no further financial obligation for this account
*** *** expresses a concern that she paid the above-referenced account in March of 2013, but that it still shows as an open account, in collections, and days past due as of April on her *** *** *** credit reports. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “days past due” to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.”
*** *** is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. In addition, if *** *** obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself
*** *** also asserts that each time she disputes the information on her credit report, a new collections date is reported. Please assure *** *** that Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller, and the payment history of each individual consumer.
*** *** expresses a desire to have the above-referenced account deleted from her consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist her in reaching a resolution which resolved the balance for the above-referenced account, please note that it is Midland Credit’s policy to report all accounts accurately. Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account to the three major credit reporting agencies as “Account paid in full, was a collection account,” starting March 20, shortly after the final payment was received
Per *** ***’s previous request to have Midland Credit cease all communications, the above-referenced account will remain marked “Cease and Desist.” *** *** will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***. 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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Enclosure
Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Prior to my agreeing with paying the account it was agreed that they would remove/delete said account from my credit reportIve disputed this on my report multiple times because I DID NOT receive the initial billAnytime I've ever changed my address I've forwarded my mail with the United States Postal Service and if a letter was indeed mailed to me it would have been forwarded to my correct addressWhich address was it mailed to? The 3rd party in which Midland Credit hired to collect the debt and has accepted the payment for the collection account agreed it would be removed from my credit reportWhat is the next step? I agreed to have it removed from my report which is why I paid the amountDo I need to dispute the charge with my bank and then write a validation letter for the debt to actually be validated becasue my statement with them has been consistent "I've NEVER received a bill or validation for this account." I agreed to have it deleted and removed from my report which is the only reason I paid the debtWhat is my next step?Regards,*** ***
Thank you for your letter inquiry dated September 30, 2014, regarding Ms***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received the same day via E-mail. Ms*** also emailed Midland Credit directly with additional concerns since your inquiry
was submitted. Midland Credit appreciates the opportunity to answer your questions and will address other items raised in her direct disputes in this response
?
A review of Midland Credit’s business records indicates that Ms*** has retained an attorneyGoing forward, all communication about the matter should be handled by her attorney. If Ms*** is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly
?
Ms*** also filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 25, 2010. Information provided by the seller, HSBC Bank Nevada, N.A., at the time of acquisition indicates this account was originated on September 15, as a HSBC Bank Nevada, N.A./Best Buy MasterCard account number ending in ***, in the name of *** F ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 30, 2010. The balance at the time of purchase was $1,046.45.
?
Ms*** expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to Ms***’s concern Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
?
The open date listed on Ms***’s credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
?
Ms*** is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. In addition, if Ms*** obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself
With that said, a copy of the bill of sale is enclosed. A copy of a seller data sheet confirming the account was included in the purchase from HSBC Bank Nevada, N.Ais also enclosed. Additionally, a copy of a seller data sheet confirming the account was included in the purchase from HSBC Bank Nevada, N.Ais also enclosed
Ms*** also states that the last payment made to the account was in 2007. According to the information provided by the seller, the last payment was made on February 5, in the amount of $30.00. Additionally, a review of Midland Credit’s business records indicates the seven-year federal reporting period does not expire until March 2017. Please note that this does not extinguish the debt, rather, it prevents the account from being reported to the credit reporting agencies. The account will still remain collectible, due and owing to Midland CreditAlso, Ms*** states in the previously mentioned email sent directly to Midland Credit that the first date of delinquency has been altered. Further review of Midland Credit’s business records indicate it has consistently reported the first delinquency date as March 11, and continues to accurately report the above-referenced account to the three major credit reporting agencies.
?
In an email to Midland Credit which was received on October 1, 2014, Ms*** also claims that the Statute of Limitations for the account should be three years, and not eight as indicated in Midland Credit’s previous response. Midland Credit stands by its original response The Statute of Limitations in Montana for Ms***’s account is eight years
?
If Ms*** is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have her call Account Manager Denise Longtin at (800) 825-ext*** to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance
?
In the meantime, Per Ms***’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Ms*** 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***
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-ext*** should you have any further questions
Sincerely,
?
Midland Credit Management, Inc
*** ***, Esq
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I want to thank Midland Credit for such a detailed responseI would like to review all the documentation pretending to the account in questionBased on the response from Midland Credit it seems that they have a very detailed account of the eventsi would like them to send me all and every document that was used to come to this conclusionI have been seeking advise from a Credit Repair Specialist and they have advised that I have a right to obtain such informationI have called *** *** *** independently and he told me to speak to Midland Credit since they have the account in questionI would like to investigate that the dates provided by Midland Credit to insure they are correct. I believe under the FDCPA , Midland Credit has days to provide me all the information verifying the debt, and the date of delinquency for the account in questionIf Midland Credit can not provide me with such information I would like them to delete this item from my credit report immediatelyIn addition to that Midland Credit records all its phone callsI believe under the data protection act I have the right to request such information. Thanks
Regards,
*** ***
Dear *** ***
Thank you for your follletter inquiry dated September 10, 2014, regarding *** ***’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
*** *** writes that he does not owe the account, stating that *** agreed to close the account after he informed them of his impending incarceration As previously stated, the above-referenced account was opened in November 2006, after the date *** *** stated that he had closed the account.
Furthermore, in a phone conversation on February 23, 2013, *** *** advised a Midland Credit representative that he had paid this debt in 2008, and did not indicate that the account should have been closed prior to that time. Midland Credit has no record of any written dispute prior to the complaint filed through your office. Additionally prior to the follletter filed through your office, Midland Credit had no indication that *** *** was incarcerated during the time that the account was in use
Midland Credit maintains is position as previously stated, and has acted in a timely manner and complied with all applicable laws Midland Credit stands ready to assist *** *** in clearing his record if he does not owe the above-referenced debt. If such is in fact the case, Midland Credit respectfully requests that *** *** provide it with a letter explaining his situation and what has occurred in detail, along with any supporting documentation The letter should be fully executed and notarized. *** *** may forward appropriate documentation to Consumer Support Services at the address on this letterhead
Per *** ***’s previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, *** *** will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
Thank you for your follletter inquiry regarding *** *** complaint, on behalf of her client, *** ** *** which Midland Credit Management, Inc(“Midland Credit”) received the November 7, via E-mail. Midland Credit appreciates the opportunity to answer your questions
Based on the new information provided in your follow-up, it appears that Midland Credit is the servicer of an account belonging to another consumer with the same name as *** *** During a search for the correct consumer, *** *** address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account
*** *** address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure *** *** that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***:
Thank you for your follletter inquiry regarding *** *** ***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received March 18, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated March 6, 2015.
*** *** *** writes that Midland Credit has not provided proof that the accounts are his. Midland Credit maintains its position that his request could not be considered timely. However, copies of the verification documentation for both accounts are enclosed for *** *** ***’s records.
*** *** *** also reiterates that Midland Credit is not reporting his full name, and states that he never said that Midland Credit “altered” his account. Please note, Midland Credit reports the information to the credit reporting agencies on the accounts it acquires based on the business records maintained by the original lender/seller. In this case, the above-referenced accounts reflect the name “*** ***” which is the name being reported by Midland Credit for the accounts. Midland Credit maintains its position that it has not modified or altered any of the information provided by the seller, including *** *** ***’s name.
Additionally, *** *** *** writes that Midland Credit cannot report an account as “Open” with one credit reporting agency, and as “Closed” with another. As stated in its previous response, Midland Credit reports the same account information to all three credit reporting agencies at the same time. Midland Credit has no control over how long each credit reporting agency takes to update the information provided on the consumer’s credit file.
With that said, Midland Credit must respectfully conclude that it is accurately reporting the accounts to the three major credit reporting agencies, and therefore denies your request to remove its tradeline from your consumer credit files.
If *** *** *** is ready to resolve the debts, he may still qualify for a reduction in his account balances. *** *** *** may call Account Manager *** *** at *** *** *** *** to reach a resolution that will be both beneficial to him, as well as resolve the account balances
Per *** *** ***’s previous request, the accounts will remain marked “Cease and Desist.” While the accounts remain due and owing, *** *** *** will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** *** ***’s
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Enclosure
Dear *** ***
Thank you for your letter inquiry regarding *** *** 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 is the servicer of an account belonging to another consumer with the same last name as *** ***. During a search for the correct consumer, *** *** address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
A review of Midland Credits business records indicates that *** *** sent a similar complaint via correspondence which was received March 27, 2015. At that time, Midland Credit took the appropriate steps to ensure *** *** information was marked as “Do Not Mail” in Midland Credit’s computer system for the referenced account.
Midland Credit acted in a timely manner and has complied with all applicable laws. Please assure Mr*** that he continue to no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr***. 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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
Thank you for your follletter inquiry regarding *** ***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received April 1, 2015. Midland Credit appreciates the opportunity to answer your questions
While *** *** does not appear to agree with Midland Credit’s previous response, Midland Credit maintains that the information supplied is accurateAdditionally, *** *** states he has no paper trail to support his claim that the account as paid prior. Midland Credit continues to stand ready to assist *** *** in clearing his record if Midland Credit is somehow attempting to collect an account which was resolved prior to Midland Credit becoming the servicerShould he locate such documentation, it should be forwarded to Consumer Support Services at the address on this letterhead
Otherwise, as indicated in its previous response, although a wage execution was served on *** ***’s employer, he may contact *** *** *** to attempt to reach a voluntary resolution of the account balance. For ease of reference, their physical address is * *** *** *** ** *** and their phone number is *** ***
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
Thank you for your foll
letter
inquiry dated October 8, 2014, regarding *** ***’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
Please
note that Midland Credit provided all identifying account information in its
previous response letter to your office, dated October 6, 2014. While not the only item of concern in his
follinquiry, *** *** included documents that question whether the
account is collectible due to the age of the account. A review of Midland
Credit’s business records indicates that the statute of limitations expired on
April 14, 2011. However, please note that the passing of the statute of limitations
does not extinguish the validity of the debtRather, it eliminates litigation
as a potential remedy
Similar
to the statute of limitations, expiration of the seven-year federal reporting
period also does not extinguish the debt. It only prevents the account
from being reported to the credit reporting agencies. A review of Midland
Credit’s business records indicates that the seven-year federal reporting
period for the above-referenced account will expire in April 2015. 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
Additionally,
*** *** expresses concern that he has contacted Midland Credit to
dispute the debt, but that Midland Credit has denied that this contact has
occurredAs previously referenced, Midland Credit mailed *** *** a
validation letter on October 6, 2009. Midland
Credit did not receive any correspondence disputing the debt or requesting
validation from *** *** in response to that validation letter The first contact Midland Credit had with *** *** was on April 22, 2011, during a phone conversation with Mr***s spouse, but the account was not disputed at that time
In
Midland Credit’s previous response, it advised that it received notification
from the credit reporting agencies on or about October 7, In response to
this notification, Midland Credit verified the account information being
reported to the credit reporting agencies, and also mailed *** ***
correspondence containing the appropriate account information and verification
information provided by the seller, on October 8, 2013. As previously stated, the verification
information provided by the seller meets the requirements of the Fair Debt
Collection Practices Act (“FDCPA”). The
original contract, complete payment history, and a full set of billing
statements are not required under the FDCPAChaudhry vGallerizzo, F.3d (4th Cir1999)
Subsequently,
Midland Credit received a call from *** *** on September 9, 2014, in
which he stated that the account was the result identity theft. At that time, *** *** was advised to
send documents to support his claim, such as a police report or identity theft
affidavitShortly thereafter, Midland Credit received notice of Mr
***’s dispute which was included in his complaint filed through your
office on September 22, 2014. Midland
Credit responded in an appropriate and timely manner on October 6,
The
first correspondence received by Midland Credit directly from *** ***
was received via e-mail on September 29, In the e-mail, *** ***
requested that Midland Credit respond to his complaint filed through your
office
Midland
Credit has acted in a timely manner and has complied with all applicable laws
As Midland Credit has not received any documents to support *** ***’s
claim that the account is the result of unauthorized charges or fraud, it must
respectfully conclude that the above-referenced account remains due and
owing.
With
that said, Midland Credit stands ready to assist *** *** in clearing his
record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit
respectfully requests that *** *** provide it with a copy of either a
police report or affidavit of fraud showing that he reported the fraudulent
activity. Please note that an affidavit
of fraud can be found at
www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Mr
*** should complete the form and have the form notarized. He may forward appropriate documentation to
Consumer Support Services at the address on this letterhead
Please
assure *** *** that Midland Credit is a reputable firm, and that it is a
member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to *** ***. 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
*** *** ***
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
*** ***
Dear MsDyer:
Thank you for your follletter inquiry regarding *** ***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received February 19, 2015. Midland Credit appreciates the opportunity to answer your questions
In Midland Credit’s previous response it stated: *** *** expresses concern that she is receiving e-mails as a result of calls from Midland Credit. An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, *** ***’s phone number appears to have been provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note that Midland Credit had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
Further review of Midland Credit’s business records does not indicate that any phone calls have been placed to *** *** since June 2014. Additionally, Midland Credit did not directly generate the e-mails that *** *** has received. As the phone number provided in *** ***’ complaint does not appear to have been dialed by Midland Credit since June 2014, Midland Credit respectfully requests that *** *** contact its Consumer Support Services team at *** *** *** *** to confirm that her current phone number is no longer associated with the referenced account.
With that said, *** ***’s phone numbers have been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. *** *** will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, *** ***’s phone numbers have been added to an exclusion list to prevent them from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***. 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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
August 5,
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** ***
Revdex.com#
***
MCM# ***
Dear *** ***
Thank you for your letter inquiry dated July 23, 2014, regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 21, 2011. Information provided by the seller, *** ***, at the time of acquisition indicates this account was originated on August 1, as an *** *** account number ending in ***, in the name of *** * *** under the last four of the social security number *** Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2009. The balance at the time of purchase was $4,620.23. The current balance including payments received is $4,
*** *** expresses concern that the above-referenced account was included in a bankruptcy filed by her deceased husband over twenty years ago and requests that Midland Credit remove its tradeline from her consumer credit files. A review of Midland Credit’s business records indicates that a Chapter Bankruptcy, petition no*** was filed on February 24, and discharged on November 12, 1990. As the above-referenced account was originated on August 1, 2001, it could not have been included in that bankruptcy filing.
If *** *** believes that the account was included in a separate bankruptcy filing, she is encouraged to contact Midland Credit’s bankruptcy department at *** *** *** *** to provide further information. Until that information is provided, based on the information provided by the seller, Midland Credit must respectfully conclude the debt remains valid, due and owing to it 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
Otherwise, If *** *** is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have *** *** call Account Manager *** *** at *** *** *** *** to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
March 11,
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** *** ***
Revdex.com# ***
Dear *** ***
Thank you for your letter
inquiry regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions
*** *** writes that she recently received a check from Midland Credit, made to the spouse of a client, and requests information as to why she received the check*** *** also requests to know why she is listed as having power of attorney for the account
An investigation of this matter indicates that the original issuer forwarded a payment for the account in 2010, along with documentation from *** *** concerning the payment. Because her information was included in the documents forwarded by the original issuer, *** ***’s contact information was mistakenly updated to the account as a Power of Attorney. Midland Credit apologizes for the inconvenience
Regarding the check *** *** received, a review of records indicates that the original issuer forwarded the payment to Midland Credit in error, and the payment was returned to the address on file. However, Midland Credit has now issued a stop payment on the check, and will return the payment back to the issuer. Additionally, *** ***’s contact information has been removed from the account
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***:
Thank you for your follletter inquiry dated August 26, 2014, regarding *** ***’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
*** *** asks for proof that the initial validation letter was mailed to them on February 16, 2012. Midland Credit does not send its validation letters via certified mail, nor does it keep copies of every letter sent. A review of Midland Credit’s business records indicates that the letter was mailed, and that it was not returned as undeliverable. As such, Midland Credit satisfied its obligations under the FDCPA
*** *** also questions whether the account is collectible due to the expiration of the Statute of Limitations. A review of Midland Credit’s business records indicates that the Statute of Limitations expired on November 26, 2011. However, please note that the passing of the Statute of Limitations does not extinguish the validity of the debtRather, it merely eliminates litigation as a potential remedy to collect the debt. The account remains collectible, due, and owing to Midland Credit
Similar to the Statute of Limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in November A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies
With that said, *** *** states they never had a credit card through *** *** *** *** *** Midland Credit stands ready to assist in clearing *** ***’s record if they have been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that *** *** provide it with a copy of either a police report or affidavit of fraud showing that they reported the fraudulent activity. Please note that an affidavit of fraud can be found at *** If submitting an affidavit of fraud, *** *** should complete the form and have it notarized. They may forward appropriate documentation to Consumer Support Services at the address on this letterhead. Until such documentation is received, based on the information available to it, Midland Credit must respectfully conclude the account remains valid, due and owing to it.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Please note that Midland Credit Management, Inc("Midland Credit") requires additional time to fully investigate the matter and provide the information requested. Thank you for your understanding, and a response will be provided upon the conclusion of Midland Credit’s investigation, within
the next days
I am okay with the decision to contact me via mail instead of by phone
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, 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,
*** ***
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
I am requesting information on the Statute of Limitations mentioned in the documentation from MidlandI do not see a validation notice on the documentation provided by MidlandI am requesting a verification of the debt, including, but not limited to, all documentation that pertains to the agreement between Midland and the original creditorI am requesting that Midland has the debt removed from my credit report
Regards,
*** ***
Please confirm receipt of the attached release form.Thanks in advance for your assistance.Sincerely,Kenneth ***
March 13,
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** ***
Revdex.com#
***
Dear *** ***
Thank you for your letter inquiry regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received March 2, 2015. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, *** *** phone number was provided to Midland Credit representatives by a third party In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
*** *** phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. *** *** will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, *** ***’s phone number, *** *** has been added to an exclusion list to prevent it from being called in the future regarding the referenced account
Midland Credit acted in a timely manner and has complied with all applicable laws. Midland Credit respectfully declines *** ***’s request for monetary compensation
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***. 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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
May 7,
VIA E-Mail
*** *** *** ***
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of *** ** ***
Revdex.com#
***
MCM# ***
Dear *** ***
Thank you for your letter inquiry regarding *** *** complaint, which Midland Credit Management, Inc(“Midland Credit”) received April 24, 2015. Midland Credit appreciates the opportunity to answer your questions
*** *** filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 8, 2012. Information provided by the seller, *** *** *** ***, at the time of acquisition indicates this account was originated on June 3, 2005, as a *** *** account number ending in ***, in the name of *** ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 29, 2009. The balance at the time of purchase was $482.26. Final payment on the account was received by Midland Credit on March 13, 2013. You have no further financial obligation for this account
*** *** expresses a concern that she paid the above-referenced account in March of 2013, but that it still shows as an open account, in collections, and days past due as of April on her *** *** *** credit reports. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “days past due” to the credit reporting agencies. Depending on the current condition of a given account, Midland Credit will report that account as either “Account assigned to internal or external collections,” “Account paid in full, was a collection account,” or “Account paid in full for less than the full balance.”
*** *** is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. In addition, if *** *** obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself
*** *** also asserts that each time she disputes the information on her credit report, a new collections date is reported. Please assure *** *** that Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller, and the payment history of each individual consumer.
*** *** expresses a desire to have the above-referenced account deleted from her consumer credit files since the debt has been repaid. While Midland Credit is pleased that it was able to assist her in reaching a resolution which resolved the balance for the above-referenced account, please note that it is Midland Credit’s policy to report all accounts accurately. Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account to the three major credit reporting agencies as “Account paid in full, was a collection account,” starting March 20, shortly after the final payment was received
Per *** ***’s previous request to have Midland Credit cease all communications, the above-referenced account will remain marked “Cease and Desist.” *** *** will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***. 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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Enclosure
Revdex.com:I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below
Prior to my agreeing with paying the account it was agreed that they would remove/delete said account from my credit reportIve disputed this on my report multiple times because I DID NOT receive the initial billAnytime I've ever changed my address I've forwarded my mail with the United States Postal Service and if a letter was indeed mailed to me it would have been forwarded to my correct addressWhich address was it mailed to? The 3rd party in which Midland Credit hired to collect the debt and has accepted the payment for the collection account agreed it would be removed from my credit reportWhat is the next step? I agreed to have it removed from my report which is why I paid the amountDo I need to dispute the charge with my bank and then write a validation letter for the debt to actually be validated becasue my statement with them has been consistent "I've NEVER received a bill or validation for this account." I agreed to have it deleted and removed from my report which is the only reason I paid the debtWhat is my next step?Regards,*** ***
Thank you for your letter inquiry dated September 30, 2014, regarding Ms***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received the same day via E-mail. Ms*** also emailed Midland Credit directly with additional concerns since your inquiry
was submitted. Midland Credit appreciates the opportunity to answer your questions and will address other items raised in her direct disputes in this response
?
A review of Midland Credit’s business records indicates that Ms*** has retained an attorneyGoing forward, all communication about the matter should be handled by her attorney. If Ms*** is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly
?
Ms*** also filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on October 25, 2010. Information provided by the seller, HSBC Bank Nevada, N.A., at the time of acquisition indicates this account was originated on September 15, as a HSBC Bank Nevada, N.A./Best Buy MasterCard account number ending in ***, in the name of *** F ***, under the last four of the social security number ***. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 30, 2010. The balance at the time of purchase was $1,046.45.
?
Ms*** expresses a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to Ms***’s concern Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller.
?
The open date listed on Ms***’s credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
?
Ms*** is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. In addition, if Ms*** obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself
With that said, a copy of the bill of sale is enclosed. A copy of a seller data sheet confirming the account was included in the purchase from HSBC Bank Nevada, N.Ais also enclosed. Additionally, a copy of a seller data sheet confirming the account was included in the purchase from HSBC Bank Nevada, N.Ais also enclosed
Ms*** also states that the last payment made to the account was in 2007. According to the information provided by the seller, the last payment was made on February 5, in the amount of $30.00. Additionally, a review of Midland Credit’s business records indicates the seven-year federal reporting period does not expire until March 2017. Please note that this does not extinguish the debt, rather, it prevents the account from being reported to the credit reporting agencies. The account will still remain collectible, due and owing to Midland CreditAlso, Ms*** states in the previously mentioned email sent directly to Midland Credit that the first date of delinquency has been altered. Further review of Midland Credit’s business records indicate it has consistently reported the first delinquency date as March 11, and continues to accurately report the above-referenced account to the three major credit reporting agencies.
?
In an email to Midland Credit which was received on October 1, 2014, Ms*** also claims that the Statute of Limitations for the account should be three years, and not eight as indicated in Midland Credit’s previous response. Midland Credit stands by its original response The Statute of Limitations in Montana for Ms***’s account is eight years
?
If Ms*** is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have her call Account Manager Denise Longtin at (800) 825-ext*** to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance
?
In the meantime, Per Ms***’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, Ms*** 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***
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-ext*** should you have any further questions
Sincerely,
?
Midland Credit Management, Inc
*** ***, Esq
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID ***, and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I want to thank Midland Credit for such a detailed responseI would like to review all the documentation pretending to the account in questionBased on the response from Midland Credit it seems that they have a very detailed account of the eventsi would like them to send me all and every document that was used to come to this conclusionI have been seeking advise from a Credit Repair Specialist and they have advised that I have a right to obtain such informationI have called *** *** *** independently and he told me to speak to Midland Credit since they have the account in questionI would like to investigate that the dates provided by Midland Credit to insure they are correct. I believe under the FDCPA , Midland Credit has days to provide me all the information verifying the debt, and the date of delinquency for the account in questionIf Midland Credit can not provide me with such information I would like them to delete this item from my credit report immediatelyIn addition to that Midland Credit records all its phone callsI believe under the data protection act I have the right to request such information. Thanks
Regards,
*** ***
Dear *** ***
Thank you for your follletter inquiry dated September 10, 2014, regarding *** ***’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
*** *** writes that he does not owe the account, stating that *** agreed to close the account after he informed them of his impending incarceration As previously stated, the above-referenced account was opened in November 2006, after the date *** *** stated that he had closed the account.
Furthermore, in a phone conversation on February 23, 2013, *** *** advised a Midland Credit representative that he had paid this debt in 2008, and did not indicate that the account should have been closed prior to that time. Midland Credit has no record of any written dispute prior to the complaint filed through your office. Additionally prior to the follletter filed through your office, Midland Credit had no indication that *** *** was incarcerated during the time that the account was in use
Midland Credit maintains is position as previously stated, and has acted in a timely manner and complied with all applicable laws Midland Credit stands ready to assist *** *** in clearing his record if he does not owe the above-referenced debt. If such is in fact the case, Midland Credit respectfully requests that *** *** provide it with a letter explaining his situation and what has occurred in detail, along with any supporting documentation The letter should be fully executed and notarized. *** *** may forward appropriate documentation to Consumer Support Services at the address on this letterhead
Per *** ***’s previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, *** *** will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
Thank you for your follletter inquiry regarding *** *** complaint, on behalf of her client, *** ** *** which Midland Credit Management, Inc(“Midland Credit”) received the November 7, via E-mail. Midland Credit appreciates the opportunity to answer your questions
Based on the new information provided in your follow-up, it appears that Midland Credit is the servicer of an account belonging to another consumer with the same name as *** *** During a search for the correct consumer, *** *** address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account
*** *** address has been marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Please assure *** *** that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***:
Thank you for your follletter inquiry regarding *** *** ***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received March 18, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated March 6, 2015.
*** *** *** writes that Midland Credit has not provided proof that the accounts are his. Midland Credit maintains its position that his request could not be considered timely. However, copies of the verification documentation for both accounts are enclosed for *** *** ***’s records.
*** *** *** also reiterates that Midland Credit is not reporting his full name, and states that he never said that Midland Credit “altered” his account. Please note, Midland Credit reports the information to the credit reporting agencies on the accounts it acquires based on the business records maintained by the original lender/seller. In this case, the above-referenced accounts reflect the name “*** ***” which is the name being reported by Midland Credit for the accounts. Midland Credit maintains its position that it has not modified or altered any of the information provided by the seller, including *** *** ***’s name.
Additionally, *** *** *** writes that Midland Credit cannot report an account as “Open” with one credit reporting agency, and as “Closed” with another. As stated in its previous response, Midland Credit reports the same account information to all three credit reporting agencies at the same time. Midland Credit has no control over how long each credit reporting agency takes to update the information provided on the consumer’s credit file.
With that said, Midland Credit must respectfully conclude that it is accurately reporting the accounts to the three major credit reporting agencies, and therefore denies your request to remove its tradeline from your consumer credit files.
If *** *** *** is ready to resolve the debts, he may still qualify for a reduction in his account balances. *** *** *** may call Account Manager *** *** at *** *** *** *** to reach a resolution that will be both beneficial to him, as well as resolve the account balances
Per *** *** ***’s previous request, the accounts will remain marked “Cease and Desist.” While the accounts remain due and owing, *** *** *** will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** *** ***’s
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Enclosure
Dear *** ***
Thank you for your letter inquiry regarding *** *** 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 is the servicer of an account belonging to another consumer with the same last name as *** ***. During a search for the correct consumer, *** *** address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
A review of Midland Credits business records indicates that *** *** sent a similar complaint via correspondence which was received March 27, 2015. At that time, Midland Credit took the appropriate steps to ensure *** *** information was marked as “Do Not Mail” in Midland Credit’s computer system for the referenced account.
Midland Credit acted in a timely manner and has complied with all applicable laws. Please assure Mr*** that he continue to no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr***. 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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
Thank you for your follletter inquiry regarding *** ***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received April 1, 2015. Midland Credit appreciates the opportunity to answer your questions
While *** *** does not appear to agree with Midland Credit’s previous response, Midland Credit maintains that the information supplied is accurateAdditionally, *** *** states he has no paper trail to support his claim that the account as paid prior. Midland Credit continues to stand ready to assist *** *** in clearing his record if Midland Credit is somehow attempting to collect an account which was resolved prior to Midland Credit becoming the servicerShould he locate such documentation, it should be forwarded to Consumer Support Services at the address on this letterhead
Otherwise, as indicated in its previous response, although a wage execution was served on *** ***’s employer, he may contact *** *** *** to attempt to reach a voluntary resolution of the account balance. For ease of reference, their physical address is * *** *** *** ** *** and their phone number is *** ***
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***
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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***
Dear *** ***
Thank you for your foll
letter
inquiry dated October 8, 2014, regarding *** ***’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
Please
note that Midland Credit provided all identifying account information in its
previous response letter to your office, dated October 6, 2014. While not the only item of concern in his
follinquiry, *** *** included documents that question whether the
account is collectible due to the age of the account. A review of Midland
Credit’s business records indicates that the statute of limitations expired on
April 14, 2011. However, please note that the passing of the statute of limitations
does not extinguish the validity of the debtRather, it eliminates litigation
as a potential remedy
Similar
to the statute of limitations, expiration of the seven-year federal reporting
period also does not extinguish the debt. It only prevents the account
from being reported to the credit reporting agencies. A review of Midland
Credit’s business records indicates that the seven-year federal reporting
period for the above-referenced account will expire in April 2015. 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
Additionally,
*** *** expresses concern that he has contacted Midland Credit to
dispute the debt, but that Midland Credit has denied that this contact has
occurredAs previously referenced, Midland Credit mailed *** *** a
validation letter on October 6, 2009. Midland
Credit did not receive any correspondence disputing the debt or requesting
validation from *** *** in response to that validation letter The first contact Midland Credit had with *** *** was on April 22, 2011, during a phone conversation with Mr***s spouse, but the account was not disputed at that time
In
Midland Credit’s previous response, it advised that it received notification
from the credit reporting agencies on or about October 7, In response to
this notification, Midland Credit verified the account information being
reported to the credit reporting agencies, and also mailed *** ***
correspondence containing the appropriate account information and verification
information provided by the seller, on October 8, 2013. As previously stated, the verification
information provided by the seller meets the requirements of the Fair Debt
Collection Practices Act (“FDCPA”). The
original contract, complete payment history, and a full set of billing
statements are not required under the FDCPAChaudhry vGallerizzo, F.3d (4th Cir1999)
Subsequently,
Midland Credit received a call from *** *** on September 9, 2014, in
which he stated that the account was the result identity theft. At that time, *** *** was advised to
send documents to support his claim, such as a police report or identity theft
affidavitShortly thereafter, Midland Credit received notice of Mr
***’s dispute which was included in his complaint filed through your
office on September 22, 2014. Midland
Credit responded in an appropriate and timely manner on October 6,
The
first correspondence received by Midland Credit directly from *** ***
was received via e-mail on September 29, In the e-mail, *** ***
requested that Midland Credit respond to his complaint filed through your
office
Midland
Credit has acted in a timely manner and has complied with all applicable laws
As Midland Credit has not received any documents to support *** ***’s
claim that the account is the result of unauthorized charges or fraud, it must
respectfully conclude that the above-referenced account remains due and
owing.
With
that said, Midland Credit stands ready to assist *** *** in clearing his
record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit
respectfully requests that *** *** provide it with a copy of either a
police report or affidavit of fraud showing that he reported the fraudulent
activity. Please note that an affidavit
of fraud can be found at
www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Mr
*** should complete the form and have the form notarized. He may forward appropriate documentation to
Consumer Support Services at the address on this letterhead
Please
assure *** *** that Midland Credit is a reputable firm, and that it is a
member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to *** ***. 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
*** *** ***
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
*** ***
Dear MsDyer:
Thank you for your follletter inquiry regarding *** ***’s complaint, which Midland Credit Management, Inc(“Midland Credit”) received February 19, 2015. Midland Credit appreciates the opportunity to answer your questions
In Midland Credit’s previous response it stated: *** *** expresses concern that she is receiving e-mails as a result of calls from Midland Credit. An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, *** ***’s phone number appears to have been provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note that Midland Credit had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
Further review of Midland Credit’s business records does not indicate that any phone calls have been placed to *** *** since June 2014. Additionally, Midland Credit did not directly generate the e-mails that *** *** has received. As the phone number provided in *** ***’ complaint does not appear to have been dialed by Midland Credit since June 2014, Midland Credit respectfully requests that *** *** contact its Consumer Support Services team at *** *** *** *** to confirm that her current phone number is no longer associated with the referenced account.
With that said, *** ***’s phone numbers have been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. *** *** will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, *** ***’s phone numbers have been added to an exclusion list to prevent them from being called in the future regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to *** ***. 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
*** *** ***
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
*** ***