Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I will be esculating this to a Govt agency better able to persue MCM. Regards,[redacted]
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 August 27, 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 8, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on April 6, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 31, 2012. The balance at the time of purchase was $6,277.36.
A review of Midland Credit’s business records indicates that on April 22, 2012, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department’s business records indicate that appropriate legal action was initiated on October 19, 2012. Service of Process was completed on October 27, 2012, and a judgment was obtained on November 13, 2013. A copy of the judgment is enclosed.
[redacted] expresses a concern that she is making payments in accordance with the arrangement set up with the Internal Legal Department but that the account continues to reflect missing payments and appears as a collection account on her credit report. The Internal Legal Department advises that [redacted] is current in making payments according to the agreement reached with them.
Regarding [redacted]’s concerns about the manner in which the account is appearing on her consumer credit files, although Midland Credit submits regular updates to the reporting agencies, Midland Credit does not report accounts as having missed payments 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.” Additionally, the account was sold into collections by the original creditor and as such, must be accurately reflected as a collection account.
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns. Based on the law and guidelines governing credit reporting, it would appear that Midland Credit is furnishing accurate information to the credit reporting agencies. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
Should [redacted] have any further questions about continuing with her agreement to resolve the account balance, she may contact the Internal Legal Department at PO Box 939033, San Diego, CA 92193. Their phone number is [redacted].
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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.Midland claims they have honored the cease and desist and have not sent me any correspondence. Please see the attached letter they sent me. This clearly PROVES that they have been dishonest and have violated FCRA for which there will be legal action unless they redact this illegal and unproven information. What additional proof must I provide. I have additional letters also which are further violations of FCRA. We will be contacting a legal council regarding that.
Also they are claiming that they are unable to provide original contract which again proves that they are lying and are attempting to collect on an invalid debt. [redacted], just please Google them and see how many complaints Midland has over incorrect debts and FCRA violations. Why is a debt being reported which cannot be proven. The responder is clearly throwing legal jargon to build validity to an invalid debt claim.
Until that wrongful information is removed from the credit file, this issue is not resolved.Regards,[redacted]
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 dated November 20, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 10, 2009. Information provided by the seller, [redacted], N.A., at the time of acquisition indicates this account was originated on December 11, 2003, as a [redacted] VISA account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2009. The balance at the time of purchase was $952.93.
Ms. [redacted] expresses a concern that Midland Credit has failed to provide her with validation of the debt. On October 14, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Ms. [redacted] on October 14, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
As mentioned above, Midland Credit received correspondence from Ms. [redacted] on October 14, 2014. Although the request was not timely, verification information provided by the seller was mailed to her in response to the dispute on October 17, 2014.
Ms. [redacted] also mentions that the account is past the statute of limitations. A review of Midland Credit’s business records indicates the statute of limitations for the account did not expire until November 11, 2014, at which time Midland Credit closed the account. Midland Credit acted in a timely manner and has complied with all applicable laws. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been notified to delete all reference to the account in question from Ms. [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 11, 2017. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business...
records indicates that [redacted] may have retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have [redacted] provide his attorney’s information, if applicable, so that we may contact him/her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that [redacted] is not or is no longer working with legal counsel and will mark his account accordingly.
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 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 11, 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 15, 2014. The balance at the time of purchase was $1,049.96.
On December 17, 2014, Midland Credit mailed [redacted] a validation letter via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA.
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. A review of Midland Credit’s business records indicates that it received the first written correspondence requesting validation from [redacted] on August 2, 2016.
Prior to the written correspondence, Midland Credit had received notices of dispute from the credit reporting agencies and responded by mailing [redacted] verification information provided by the seller on July 11, 2016. Additional notifications were received from the credit reporting agencies and Midland Credit responded appropriately by mailing [redacted] the same verification information on February 17, 2017. Although the documentation was already mailed to [redacted] in response to his previous disputes, a copy of that documentation is again enclosed for his records.
[redacted] alleges that he continued to receive calls after he requested no further contact from Midland Credit. A review of Midland Credit’s business records indicate that during a call on September 11, 2016, [redacted] communicated that he did not want any further contact from Midland Credit. The representative marked the account accordingly at that time and no additional attempts have been made to contact [redacted] per his request. The above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction [redacted] account has been referred to Account Manager [redacted]. Please have [redacted] call [redacted] at [redacted] ext. [redacted] to assist him in reaching a resolution of the account balance.
Please note that Midland Credit recently updated its policy regarding paid trade lines where the date of delinquency is over two years old. Once the account balance has been resolved, Midland Credit will request deletion of the collection trade line from the three major credit reporting agencies by the next reporting cycle. At this time, [redacted] account qualifies for the collection trade line to be deleted under this policy should he choose to resolve the 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] ext. [redacted] should you have any further questions.
Dear [redacted]:
Thank you for your follow-up letter inquiry dated October 29, 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.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 23, 2014. In [redacted]’s most recent complaint, he provided further description regarding his current situation and reiterated his discontent with [redacted] (“[redacted]”). As stated in its previous response, Midland Credit is sensitive to [redacted]’s situation. However, Midland Credit was not previously made aware of any financial hardships, physical disabilities, or any other reason that would preclude [redacted] from being able to work with Midland Credit or [redacted] representatives to resolve the above-referenced accounts.
As account no. [redacted] is directly serviced by Midland Credit, it remains marked “Cease and Desist.” While the account remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law. When [redacted] is ready to settle the debt, he may contact Midland Credit Account Manager Denise Longtin at [redacted] to discuss repayment options.
Midland Credit maintains its position that [redacted] has acted appropriately in its attempts to contact [redacted] regarding account no. [redacted]. As explained in Midland Credit’s previous response, service was completed by posting court documents to [redacted]’s home. This was approved by a judge after [redacted] proved that [redacted] had avoided previous service attempts.
As [redacted] has not received any direct communication from [redacted] that would indicate an inability to pay, Midland Credit again encourages [redacted] to work with [redacted] to assist in reaching a positive resolution for this account.
While account no. [redacted] also remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit or [redacted] representatives unless a response is required by law, or it is for a specific purpose related to its legal efforts.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Re: Consumer complaint of [redacted] M [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry...
dated August 11, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 26, 2011. Information provided by the seller, Argent Holdings, LLC, at the time of acquisition indicates this account was originated on January 5, 2006 as a Wells Fargo Bank, N.A. VISA account number ending in 0114, in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2010. The balance at the time of purchase was $4,233.17.
Ms. [redacted] is requesting validation of her debt. Midland Credit sent Ms. [redacted] a validation letter on July 31, 2011. In the letter, Midland Credit informed that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from Ms. [redacted] in response to that letter or pursuant to the Texas Finance Code. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
Ms. [redacted] writes that the suit brought against her was dismissed, however, collection activity continues and/or the account is still reporting on her consumer credit files. Please note that a review of Midland Credit’s business records indicates that the suit was dismissed without prejudice, which does not extinguish the validity of the debt. The account remains due and owing to Midland Credit. Business records indicate that Midland Credit is accurately reporting the above-referenced account to the credit reporting agencies. Midland Credit will be closing its investigation of Ms. [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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]
[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 January 23, 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 April 20, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 27, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on May 13, 2010. The balance at the time of purchase was $452.18.
[redacted] expresses a concern that the account was resolved prior to Midland Credit becoming the servicer. On May 6, 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”). 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.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]:
Thank you for your letter inquiry dated August 8, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of pur[redacted]r, Midland Funding LLC (“Midland Funding”), on January 4, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 28, 1990 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of pur[redacted] was $8,578.77.
[redacted] states that Midland Credit has not provided verification of debt. Midland Credit sent [redacted] a validation letter on January 9, 2011 to the same address listed within her complaint. In the letter, Midland Credit informed that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from [redacted] in response to that letter or pursuant to the Texas Finance Code. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
[redacted] also expresses concern that Midland Credit is not reporting accurately on her consumer credit files. A review of business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. However, in keeping with its Consumer-First policy, Midland Credit has submitted an instant update to the three major credit reporting agencies to reconfirm accurate reporting of its tradeline on [redacted]’s consumer credit files.
With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted]’s attorney call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to [redacted], as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.First of all, I never received a response to my request for validation, as I stated in my previous complaint, and there is no evidence that I did. I first discovered the existence of this account on my credit report, not from any letter or validation they sent. Under [redacted] Finance Code, Midland should have responded to my request within 30 days. I am making every effort to resolve this matter without presenting this case to a courtroom before a jury. This is a consumer rights issue. I am respectfully requesting that Midland delete this account promptly to avoid aggressive action in this case.
Regards,[redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 22, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar...
complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit is the servicer of the two accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on December 6, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 26, 2008, as an [redacted] general consumer loan account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 6, 2008. The balance at the time of purchase was $1,027.65.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on January 29, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 19, 2010, as a [redacted] credit card account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 11, 2013. The balance at the time of purchase was $745.66.
[redacted] expresses a concern that there are two accounts listed on his credit report that are beyond the legal reporting age. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period does not expire until June 2015 for account no. [redacted] and July 2019 for account no. [redacted]. Please note that this does not extinguish the debt. Rather, it prevents the accounts from being reported to the credit reporting agencies. The accounts will remain collectible, due and owing to Midland Credit.
[redacted] also expresses a concern that the accounts were previously removed from his credit report; however, Midland Credit has subsequently begun reporting the accounts. While Midland Credit is sensitive to [redacted]’s concern, Midland Credit’s business records reflect that it has been reporting the accounts since they were purchased, and the federal reporting period for the accounts has not yet expired. Midland Credit is accurately reporting the above-referenced accounts to the three major credit reporting agencies.
With that said, if [redacted] is ready to resolve the above-referenced debts, [redacted] may qualify for a reduction in his account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balances.
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
May 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM#[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 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 May 2, 2016. [redacted] states that she never received any correspondence with Midland Credit’s previous response. In its previous response, Midland Credit advised that it had acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Please note, the investigation of [redacted]’s dispute is on-going and a conclusion has not yet been reached. A response will be provided upon the conclusion of Midland Credit’s investigation.
[redacted] also expresses concern that the above referenced account is reporting on her [redacted] credit report. In its previous response, Midland Credit advised [redacted] that it would not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt. Midland Credit’s business records indicate the trade line was already removed. Please note, Midland Credit submits updates to the credit reporting agencies each month, however, it may take additional time for the credit reporting agencies to update the information that is being provided to them. [redacted] is encouraged to communicate directly with the credit reporting agencies should she have any further concerns.
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 August 13, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 17, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 2, 2001 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 June 27, 2010. The balance at the time of purchase was $444.35.
[redacted] expresses a concern that Midland Credit is reporting incorrectly to her consumer credit files, and that her validation requests have been ignored. On March 3, 2012, 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”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on August 1, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Additionally, [redacted] also expresses concern that the above-referenced account is reporting as “120 days past due” on her consumer credit files. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 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.”
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – factoring company account; additional information – collection account. The term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment. Further, e-OSCAR, the online credit reporting system, provides the following definition of a factoring company: “Factoring Company - A company that purchases accounts with the intent of collecting debts owed.” Finally, Midland Credit has been advised by two credit reporting agencies that it should be classified as a factoring company for credit reporting purposes.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. Based on the law and guidelines governing credit reporting, it would appear that the account is being correctly reported. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself. Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account to the three major credit reporting agencies.
Lastly, [redacted] indicates that the tradeline she is concerned with may have been placed on her account by a company called “[redacted].” Please note, [redacted] is not an entity that is, in any way, associated with Midland Credit or Midland Funding. If [redacted] has concerns about a tradeline that [redacted] has placed on her consumer credit file, she will have to address the matter directly with them.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your letter inquiry dated October 21, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 14, 2012. Information provided by the seller, [redacted] and [redacted], at the time of acquisition indicates this account was originated on June 1, 2010, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 27, 2011. The balance at the time of purchase was $1,524.39. Final payment on the account was received on June 1, 2013. Ms. [redacted] has no further financial obligation for this account.
?
As described in her complaint, Ms. [redacted] alleges that she was advised by a Midland Credit representative that the account would be deleted after resolving the balance. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and it appears that no violation of company policy occurred. While Midland Credit is pleased that it was able to assist Ms. [redacted] in reaching a resolution which settled the balance for the above-referenced account, it is Midland Credit’s policy to report all accounts accurately. 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 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
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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have never received a debt validation letter from Midland Credit Management, could Midland Credit Management please provide an address where this letter was sent in Jan 2013. Please also keep in mind that I never received any type of bill from [redacted] after cancelling my account, not one. I would like for Midland Credit Management to provide a det ailed explanation of charges, not a print out like the one that was provided but I would like to know what the $1530.43 balance consist of as well as the $10.07 late fee on a closed account, and early termination fees $410.07 when I was informed by a [redacted] representative that I would not be responsible for cancellation fees due to the circumstances.
I was under contract with [redacted] and they didn't hold up their end of the agreement so I had legal grounds to terminate the contract. The account was closed by me in Dec 2011 not by [redacted] on 04/08/2012. I don't understand how a closed account accumulated $2447.43 worth of charges as well as [redacted] never attempting to collect on this high balance and just selling to a Third Party. I have attempted to contact [redacted] but they stated they no longer own this account and provided me with [redacted] to contact Midland.
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]
May 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 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 May 2, 2016.
[redacted] expresses a concern that he could not have received letters because Midland Credit had the wrong address. Please note, information provided by the seller at the time of purchase by Midland Funding indicates that the current address of [redacted] was [redacted] In reliance on that information, Midland Credit attempted to contact [redacted] regarding the referenced account using that address.
During a call on April 11, 2016, [redacted] advised a Midland Credit representative that the address was not correct. [redacted] proceeded to provide the representative with his correct address, which was appropriately updated at that time. On April 13, 2016 a letter was mailed to [redacted] at the updated address, advising him that the account was being investigated.
With that said, as indicated in its previous response to your office, Midland Credit acknowledged [redacted] dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 30, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 19, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 18, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on January 20, 2010. The balance at the time of purchase was $3,979.73. Final payment on the account was received by Midland Credit on July 30, 2016. [redacted] has no further financial obligation for this account.
On November 11, 2012 the account was placed with Midland Credit’s Internal Legal Department (“Internal Legal”) for further servicing. Internal Legal indicates that a judgment was obtained on May 14, 2013 and, as referenced above, the judgment was satisfied on July 30, 2016 and satisfaction of judgment processed on August 5, 2016.
[redacted] expresses concern that the judgment has not been satisfied with the court within the appropriate time frame. Internal Legal sent the satisfaction of judgment to the court on September 1, 2016, which was within 15 days of receiving her written request. A copy was emailed to [redacted] the same day. A copy is enclosed for her records.
Midland Credit acted in a timely manner and has complied with all applicable laws. Midland Credit encourages [redacted] to continue to work with Internal Legal should she have any further questions or concerns. [redacted] may reach Internal Legal at PO Box 939050, San Diego, CA 92193. Their phone number is[redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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 dated December 9, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated December 2, 2014. [redacted] writes that she is not going to provide the requested documentation in order to allow Midland Credit to investigate her claim of fraud, because she has already sent it to Midland Credit and [redacted]. As referenced in the previous response, Midland Credit has not yet received any such documentation.
[redacted] also writes that [redacted] has recognized that the debt is not hers. As also referenced in the previous response, the seller has not advised Midland Credit of any documentation or information related to [redacted] claims. Until such documentation is received, based on the information provided by the seller, Midland Credit must respectfully conclude the above-referenced account remains collectible, due, and owing to Midland Credit. 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, Midland Credit remains ready to assist her 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.
In her current complaint, [redacted] writes that she will let her attorney deal with her concerns regarding this account. Going forward, all communication about the matter should be handled by her attorney. The account has been notated appropriately. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.I will be esculating this to a Govt agency better able to persue MCM. Regards,[redacted]
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 August 27, 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 8, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on April 6, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 31, 2012. The balance at the time of purchase was $6,277.36.
A review of Midland Credit’s business records indicates that on April 22, 2012, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”). The Internal Legal Department’s business records indicate that appropriate legal action was initiated on October 19, 2012. Service of Process was completed on October 27, 2012, and a judgment was obtained on November 13, 2013. A copy of the judgment is enclosed.
[redacted] expresses a concern that she is making payments in accordance with the arrangement set up with the Internal Legal Department but that the account continues to reflect missing payments and appears as a collection account on her credit report. The Internal Legal Department advises that [redacted] is current in making payments according to the agreement reached with them.
Regarding [redacted]’s concerns about the manner in which the account is appearing on her consumer credit files, although Midland Credit submits regular updates to the reporting agencies, Midland Credit does not report accounts as having missed payments 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.” Additionally, the account was sold into collections by the original creditor and as such, must be accurately reflected as a collection account.
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns. Based on the law and guidelines governing credit reporting, it would appear that Midland Credit is furnishing accurate information to the credit reporting agencies. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
Should [redacted] have any further questions about continuing with her agreement to resolve the account balance, she may contact the Internal Legal Department at PO Box 939033, San Diego, CA 92193. Their phone number is [redacted].
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.Midland claims they have honored the cease and desist and have not sent me any correspondence. Please see the attached letter they sent me. This clearly PROVES that they have been dishonest and have violated FCRA for which there will be legal action unless they redact this illegal and unproven information. What additional proof must I provide. I have additional letters also which are further violations of FCRA. We will be contacting a legal council regarding that.
Also they are claiming that they are unable to provide original contract which again proves that they are lying and are attempting to collect on an invalid debt. [redacted], just please Google them and see how many complaints Midland has over incorrect debts and FCRA violations. Why is a debt being reported which cannot be proven. The responder is clearly throwing legal jargon to build validity to an invalid debt claim.
Until that wrongful information is removed from the credit file, this issue is not resolved.Regards,[redacted]
December 4, 2014
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 dated November 20, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 10, 2009. Information provided by the seller, [redacted], N.A., at the time of acquisition indicates this account was originated on December 11, 2003, as a [redacted] VISA account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2009. The balance at the time of purchase was $952.93.
Ms. [redacted] expresses a concern that Midland Credit has failed to provide her with validation of the debt. On October 14, 2009, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Ms. [redacted] on October 14, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
As mentioned above, Midland Credit received correspondence from Ms. [redacted] on October 14, 2014. Although the request was not timely, verification information provided by the seller was mailed to her in response to the dispute on October 17, 2014.
Ms. [redacted] also mentions that the account is past the statute of limitations. A review of Midland Credit’s business records indicates the statute of limitations for the account did not expire until November 11, 2014, at which time Midland Credit closed the account. Midland Credit acted in a timely manner and has complied with all applicable laws. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been notified to delete all reference to the account in question from Ms. [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 11, 2017. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business...
records indicates that [redacted] may have retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have [redacted] provide his attorney’s information, if applicable, so that we may contact him/her directly. If Midland Credit does not receive attorney information in the next 30 days, it will assume that [redacted] is not or is no longer working with legal counsel and will mark his account accordingly.
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 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 11, 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 15, 2014. The balance at the time of purchase was $1,049.96.
On December 17, 2014, Midland Credit mailed [redacted] a validation letter via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA.
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. A review of Midland Credit’s business records indicates that it received the first written correspondence requesting validation from [redacted] on August 2, 2016.
Prior to the written correspondence, Midland Credit had received notices of dispute from the credit reporting agencies and responded by mailing [redacted] verification information provided by the seller on July 11, 2016. Additional notifications were received from the credit reporting agencies and Midland Credit responded appropriately by mailing [redacted] the same verification information on February 17, 2017. Although the documentation was already mailed to [redacted] in response to his previous disputes, a copy of that documentation is again enclosed for his records.
[redacted] alleges that he continued to receive calls after he requested no further contact from Midland Credit. A review of Midland Credit’s business records indicate that during a call on September 11, 2016, [redacted] communicated that he did not want any further contact from Midland Credit. The representative marked the account accordingly at that time and no additional attempts have been made to contact [redacted] per his request. The above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction [redacted] account has been referred to Account Manager [redacted]. Please have [redacted] call [redacted] at [redacted] ext. [redacted] to assist him in reaching a resolution of the account balance.
Please note that Midland Credit recently updated its policy regarding paid trade lines where the date of delinquency is over two years old. Once the account balance has been resolved, Midland Credit will request deletion of the collection trade line from the three major credit reporting agencies by the next reporting cycle. At this time, [redacted] account qualifies for the collection trade line to be deleted under this policy should he choose to resolve the 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] ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
[redacted]
[redacted]
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated October 29, 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.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 23, 2014. In [redacted]’s most recent complaint, he provided further description regarding his current situation and reiterated his discontent with [redacted] (“[redacted]”). As stated in its previous response, Midland Credit is sensitive to [redacted]’s situation. However, Midland Credit was not previously made aware of any financial hardships, physical disabilities, or any other reason that would preclude [redacted] from being able to work with Midland Credit or [redacted] representatives to resolve the above-referenced accounts.
As account no. [redacted] is directly serviced by Midland Credit, it remains marked “Cease and Desist.” While the account remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law. When [redacted] is ready to settle the debt, he may contact Midland Credit Account Manager Denise Longtin at [redacted] to discuss repayment options.
Midland Credit maintains its position that [redacted] has acted appropriately in its attempts to contact [redacted] regarding account no. [redacted]. As explained in Midland Credit’s previous response, service was completed by posting court documents to [redacted]’s home. This was approved by a judge after [redacted] proved that [redacted] had avoided previous service attempts.
As [redacted] has not received any direct communication from [redacted] that would indicate an inability to pay, Midland Credit again encourages [redacted] to work with [redacted] to assist in reaching a positive resolution for this account.
While account no. [redacted] also remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit or [redacted] representatives unless a response is required by law, or it is for a specific purpose related to its legal efforts.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Re: Consumer complaint of [redacted] M [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Thank you for your letter inquiry...
dated August 11, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 26, 2011. Information provided by the seller, Argent Holdings, LLC, at the time of acquisition indicates this account was originated on January 5, 2006 as a Wells Fargo Bank, N.A. VISA account number ending in 0114, in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2010. The balance at the time of purchase was $4,233.17.
Ms. [redacted] is requesting validation of her debt. Midland Credit sent Ms. [redacted] a validation letter on July 31, 2011. In the letter, Midland Credit informed that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from Ms. [redacted] in response to that letter or pursuant to the Texas Finance Code. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
Ms. [redacted] writes that the suit brought against her was dismissed, however, collection activity continues and/or the account is still reporting on her consumer credit files. Please note that a review of Midland Credit’s business records indicates that the suit was dismissed without prejudice, which does not extinguish the validity of the debt. The account remains due and owing to Midland Credit. Business records indicate that Midland Credit is accurately reporting the above-referenced account to the credit reporting agencies. Midland Credit will be closing its investigation of Ms. [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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]
February 6, 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 January 23, 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 April 20, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 27, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on May 13, 2010. The balance at the time of purchase was $452.18.
[redacted] expresses a concern that the account was resolved prior to Midland Credit becoming the servicer. On May 6, 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”). 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.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]<
Dear [redacted]:
Thank you for your letter inquiry dated August 8, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of pur[redacted]r, Midland Funding LLC (“Midland Funding”), on January 4, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on November 28, 1990 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of pur[redacted] was $8,578.77.
[redacted] states that Midland Credit has not provided verification of debt. Midland Credit sent [redacted] a validation letter on January 9, 2011 to the same address listed within her complaint. In the letter, Midland Credit informed that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it has not received any correspondence from [redacted] in response to that letter or pursuant to the Texas Finance Code. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
[redacted] also expresses concern that Midland Credit is not reporting accurately on her consumer credit files. A review of business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. However, in keeping with its Consumer-First policy, Midland Credit has submitted an instant update to the three major credit reporting agencies to reconfirm accurate reporting of its tradeline on [redacted]’s consumer credit files.
With that said, a copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted]’s attorney call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to [redacted], as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.First of all, I never received a response to my request for validation, as I stated in my previous complaint, and there is no evidence that I did. I first discovered the existence of this account on my credit report, not from any letter or validation they sent. Under [redacted] Finance Code, Midland should have responded to my request within 30 days. I am making every effort to resolve this matter without presenting this case to a courtroom before a jury. This is a consumer rights issue. I am respectfully requesting that Midland delete this account promptly to avoid aggressive action in this case.
Regards,[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 22, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar...
complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit is the servicer of the two accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on December 6, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 26, 2008, as an [redacted] general consumer loan account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 6, 2008. The balance at the time of purchase was $1,027.65.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on January 29, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 19, 2010, as a [redacted] credit card account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 11, 2013. The balance at the time of purchase was $745.66.
[redacted] expresses a concern that there are two accounts listed on his credit report that are beyond the legal reporting age. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period does not expire until June 2015 for account no. [redacted] and July 2019 for account no. [redacted]. Please note that this does not extinguish the debt. Rather, it prevents the accounts from being reported to the credit reporting agencies. The accounts will remain collectible, due and owing to Midland Credit.
[redacted] also expresses a concern that the accounts were previously removed from his credit report; however, Midland Credit has subsequently begun reporting the accounts. While Midland Credit is sensitive to [redacted]’s concern, Midland Credit’s business records reflect that it has been reporting the accounts since they were purchased, and the federal reporting period for the accounts has not yet expired. Midland Credit is accurately reporting the above-referenced accounts to the three major credit reporting agencies.
With that said, if [redacted] is ready to resolve the above-referenced debts, [redacted] may qualify for a reduction in his account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of the account balances.
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
May 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM#[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 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 May 2, 2016. [redacted] states that she never received any correspondence with Midland Credit’s previous response. In its previous response, Midland Credit advised that it had acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Please note, the investigation of [redacted]’s dispute is on-going and a conclusion has not yet been reached. A response will be provided upon the conclusion of Midland Credit’s investigation.
[redacted] also expresses concern that the above referenced account is reporting on her [redacted] credit report. In its previous response, Midland Credit advised [redacted] that it would not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt. Midland Credit’s business records indicate the trade line was already removed. Please note, Midland Credit submits updates to the credit reporting agencies each month, however, it may take additional time for the credit reporting agencies to update the information that is being provided to them. [redacted] is encouraged to communicate directly with the credit reporting agencies should she have any further concerns.
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 August 13, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 17, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 2, 2001 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 June 27, 2010. The balance at the time of purchase was $444.35.
[redacted] expresses a concern that Midland Credit is reporting incorrectly to her consumer credit files, and that her validation requests have been ignored. On March 3, 2012, 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”). Please note that the letter was mailed to the same address listed within [redacted]’s complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on August 1, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Additionally, [redacted] also expresses concern that the above-referenced account is reporting as “120 days past due” on her consumer credit files. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not report accounts as “120 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.”
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – factoring company account; additional information – collection account. The term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment. Further, e-OSCAR, the online credit reporting system, provides the following definition of a factoring company: “Factoring Company - A company that purchases accounts with the intent of collecting debts owed.” Finally, Midland Credit has been advised by two credit reporting agencies that it should be classified as a factoring company for credit reporting purposes.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use in credit bureau reporting. Based on the law and guidelines governing credit reporting, it would appear that the account is being correctly reported. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself. Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account to the three major credit reporting agencies.
Lastly, [redacted] indicates that the tradeline she is concerned with may have been placed on her account by a company called “[redacted].” Please note, [redacted] is not an entity that is, in any way, associated with Midland Credit or Midland Funding. If [redacted] has concerns about a tradeline that [redacted] has placed on her consumer credit file, she will have to address the matter directly with them.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your letter inquiry dated October 21, 2014, regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 14, 2012. Information provided by the seller, [redacted] and [redacted], at the time of acquisition indicates this account was originated on June 1, 2010, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 27, 2011. The balance at the time of purchase was $1,524.39. Final payment on the account was received on June 1, 2013. Ms. [redacted] has no further financial obligation for this account.
?
As described in her complaint, Ms. [redacted] alleges that she was advised by a Midland Credit representative that the account would be deleted after resolving the balance. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and it appears that no violation of company policy occurred. While Midland Credit is pleased that it was able to assist Ms. [redacted] in reaching a resolution which settled the balance for the above-referenced account, it is Midland Credit’s policy to report all accounts accurately. 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 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
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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have never received a debt validation letter from Midland Credit Management, could Midland Credit Management please provide an address where this letter was sent in Jan 2013. Please also keep in mind that I never received any type of bill from [redacted] after cancelling my account, not one. I would like for Midland Credit Management to provide a det ailed explanation of charges, not a print out like the one that was provided but I would like to know what the $1530.43 balance consist of as well as the $10.07 late fee on a closed account, and early termination fees $410.07 when I was informed by a [redacted] representative that I would not be responsible for cancellation fees due to the circumstances.
I was under contract with [redacted] and they didn't hold up their end of the agreement so I had legal grounds to terminate the contract. The account was closed by me in Dec 2011 not by [redacted] on 04/08/2012. I don't understand how a closed account accumulated $2447.43 worth of charges as well as [redacted] never attempting to collect on this high balance and just selling to a Third Party. I have attempted to contact [redacted] but they stated they no longer own this account and provided me with [redacted] to contact Midland.
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]
May 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 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 May 2, 2016.
[redacted] expresses a concern that he could not have received letters because Midland Credit had the wrong address. Please note, information provided by the seller at the time of purchase by Midland Funding indicates that the current address of [redacted] was [redacted] In reliance on that information, Midland Credit attempted to contact [redacted] regarding the referenced account using that address.
During a call on April 11, 2016, [redacted] advised a Midland Credit representative that the address was not correct. [redacted] proceeded to provide the representative with his correct address, which was appropriately updated at that time. On April 13, 2016 a letter was mailed to [redacted] at the updated address, advising him that the account was being investigated.
With that said, as indicated in its previous response to your office, Midland Credit acknowledged [redacted] dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 30, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 19, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 18, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on January 20, 2010. The balance at the time of purchase was $3,979.73. Final payment on the account was received by Midland Credit on July 30, 2016. [redacted] has no further financial obligation for this account.
On November 11, 2012 the account was placed with Midland Credit’s Internal Legal Department (“Internal Legal”) for further servicing. Internal Legal indicates that a judgment was obtained on May 14, 2013 and, as referenced above, the judgment was satisfied on July 30, 2016 and satisfaction of judgment processed on August 5, 2016.
[redacted] expresses concern that the judgment has not been satisfied with the court within the appropriate time frame. Internal Legal sent the satisfaction of judgment to the court on September 1, 2016, which was within 15 days of receiving her written request. A copy was emailed to [redacted] the same day. A copy is enclosed for her records.
Midland Credit acted in a timely manner and has complied with all applicable laws. Midland Credit encourages [redacted] to continue to work with Internal Legal should she have any further questions or concerns. [redacted] may reach Internal Legal at PO Box 939050, San Diego, CA 92193. Their phone number is[redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
December 23, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated December 9, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated December 2, 2014. [redacted] writes that she is not going to provide the requested documentation in order to allow Midland Credit to investigate her claim of fraud, because she has already sent it to Midland Credit and [redacted]. As referenced in the previous response, Midland Credit has not yet received any such documentation.
[redacted] also writes that [redacted] has recognized that the debt is not hers. As also referenced in the previous response, the seller has not advised Midland Credit of any documentation or information related to [redacted] claims. Until such documentation is received, based on the information provided by the seller, Midland Credit must respectfully conclude the above-referenced account remains collectible, due, and owing to Midland Credit. 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, Midland Credit remains ready to assist her 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.
In her current complaint, [redacted] writes that she will let her attorney deal with her concerns regarding this account. Going forward, all communication about the matter should be handled by her attorney. The account has been notated appropriately. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
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]