Revdex.com:I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.The information Midland is providing now comes too little too late.. Midland has already violated Texas consumer protection laws. My request for validation was triggered shortly after I discovered the account on my credit report.. At this point, Midland has clearly violated state and federal consumer protection laws. They never responded to my validation request and there is no evidence they did. I am, however, respectfully requesting that Midland will do the right thing and delete the item from my credit report. I am making every effort to resolve this matter without presenting my case before a jury in a courtroom in my community. Regards,[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 1, 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 June 15, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on August 19, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 27, 2011. The balance at the time of purchase was $650.64.
Midland Credit sent [redacted] a validation letter on June 26, 2015. In the letter, Midland Credit informed him 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”). 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 received the first correspondence from [redacted] on December 21, 2015. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on January 6, 2016 advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. Midland Credit has since obtained a copy of the verification information provided by the seller, a copy of which is enclosed for [redacted]’s records.
Please note that based on the information provided by the seller, Midland Credit has again determined that its credit file, and the information being furnished for the above-referenced account, is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
Per [redacted]’s previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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 Credit Management indicates that "The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA". But I as a consumer has the right to know how exact amount that the Midland Credit Management has calculates all those amounts. Midland Credit Management should provide me the calculation of the amount they claim I owe them. If Midland Credit Management cannot calculate and provide how they came up with the amount they claim I owe them, then the account should be deleted from All credit report agencies.
Also Midland Credit Management has claimed that Midland Credit received my correspondence on September 22, 2014 was not timely. I did not received any notification of the debt until September 15, 2014 so the statement that Midland Credit Management claimed that it was not timely not true. I did send the debt collector a validation-letter within 30 days from the date of the debt collector’s initial communication which is September 15, 2014.
Midland Credit Management also stating that "A copy of the verification information provided by the seller is enclosed". The info provided by the seller is not sufficient, it does indicate 23.90% APR, but I as a consumer, would like the detail of how Midland Credit Management has come up with the current balance $786.94. How much fees/interest they are charging because I am trying to calculate with different ways, I really cannot come up with the $786.94 !
As I indicated before that if the Midland Credit Management cannot answer the simple question how they calculate the accurate fees/interests on the account for $786.91, then the account should not be reported to all credit report agencies.Regards,[redacted] </
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 18, 2015. [redacted] expresses a concern that she was not mailed an initial validation letter with regard to the above-referenced account. As stated in its previous response: On December 25, 2009, 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 [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on January 2, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] states that she sent a request for validation on December 22, 2014, and received no response. As referenced above, [redacted]’s correspondence was received by Midland Credit on January 2, 2015. In response to the correspondence Midland Credit mailed [redacted] a response on January 12, 2015, advising her that her correspondence was received, but that she had not included sufficient information for Midland Credit to determine the nature of her dispute.
As stated in its previous response, although [redacted]’s request was untimely, Midland Credit acknowledged her dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Midland Credit has since obtained the referenced verification information from the seller. A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at (800) 825-[redacted] ext. [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as resolve the account balance.
[redacted] also states that although Midland Credit stated in its previous response that it will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt, the account is being reported. Please note that the copies of credit reports which [redacted] has included in her follow-up request pre-date the response in which Midland Credit stated it was taking those steps. Midland Credit requested the account be removed from [redacted]’s consumer credit files shortly after receipt of the original complaint. Now that Midland Credit has provided verification information provided by the seller, Midland Credit may resume reporting of the account to the credit reporting agencies.
Per [redacted]’s previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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 26, 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 March 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 21, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 22, 2013. The balance at the time of purchase was $1,302.38.
That being said, [redacted] requests validation for the above referenced account. A review of Midland Credit’s business records indicates that on April 5, 2014, 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. 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. Based on the referenced information, a review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the credit reporting agencies.
Midland Credit has acted in a timely manner and complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and has begun the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 1, 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 March 28, 2016. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 22, 2014, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2016. The balance at the time of purchase was $619.83.
[redacted] writes that he last made a payment to his [redacted] account in July 2015, and that the balance at that time was $135.00. He requests information regarding why the balance is now $619.00. A review of business records indicates that the last payment for the account was received on or about July 12, 2015, in the amount of $75.00. The balance at that time was $260.75. No additional payments were received. Because no additional payments were received, [redacted] assessed interest and late fees to the balance of the account until the time of charge-off. The account was charged off on February 28, 2016 with a balance of $619.83.
[redacted] also states that he has not heard anything about this account in over a year. On April 22, 2016, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the [redacted]’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter, and no correspondence was received directly from [redacted] prior to the complaint filed through your office.
[redacted] also requests that his credit report be corrected. Please note that Midland Credit has not furnished information for the referenced account at this time. [redacted]. as the original creditor may be reporting the account. If [redacted] has concerns regarding the information being reported by the original creditor, he may dispute it directly with the credit reporting agencies.
A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry dated July 30, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]’ phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts. [redacted]’ phone number has been marked “Do Not Call” in Midland Credit’s computer system for all of the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]’ phone number has been added to an exclusion list to prevent it from being called in the future.
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 (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com: 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.
When I talked to their agent he gave me the address that they had sent all their letters to and it was the wrong address and until I gave them the correct address they could not of sent me any letters.
Regards [redacted]
April 22, 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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which...
Midland Credit Management, Inc. (“Midland Credit”) received April 14, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that she has been receiving calls from Midland Credit for three months. An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts.
[redacted] states she answered one of the calls, advised the representative that she had never had the account, and requested for the calls to stop. A review of Midland Credit’s business records indicates that a conversation, presumably with [redacted], took placed on March 23, 2016. At that time, [redacted]’s phone number was appropriately disabled in Midland Credit’s computer system for the referenced account, and no calls were placed to [redacted] regarding that account after that conversation. However, please note that calls continued to be placed, after March 23, 2016, to [redacted] regarding a separate account.
[redacted] indicates that Midland Credit representatives have contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
With that said, [redacted]’s phone number has since been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]’s phone number, [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Dear [redacted] Thank you for your letter and for finally addressing my issues directly. However, your letter ignores specific questions and doesn’t provide me with an explanation of the many reporting inaccuracies. We agree that we are talking about the two accounts [redacted] and [redacted]. Just for the record I never said that you never contacted me. I asked for more than a simple validation, I was asking for a proof that this account was mine. The only information that it was provided by you contained similar information to the information that you provided on this letter about the two accounts. (See documents attached). Also, you must be very careful with the wording that you use. You said that I said that your company had “altered” my information. This is a very serious accusation, as I never said that you had “altered” my account. I simply stated that you were not reporting my full name, when you use the verb “alter” it sounds like you intentionally made changes to my name and I didn’t say that. As you state in your letter this is the information that you’ve received from the alleged original creditor and this is why you are receiving this complaint. You take accounts but do not verify them so if the account does not belong to me or if they information is being reported wrongly you just don’t care because your answer to your complaint will be that that’s what you received (regardless if wrong or not). I’m happy that you explained the term “OPEN” but an account can be either open or closed you can’t report that the account is opened with a credit bureau and closed with another and then blame them that they can update or nor their records. See previous attachment and see that accounts are being reported differently. Obviously you are not reporting the same information to all the bureaus. For your information, my credit reports have been issued directly with [redacted], [redacted] and [redacted] and I have also used MyFico and CreditKarma so I haven’t only used a compilation source. The information is being reported as I stated on my original complaint with the Revdex.com. You either put the blame on the alleged original creditor (for sending you the wrong information) or on the bureaus (for reporting the wrong information). So I’m assuming that you believe that you do everything right even when you just admitted in your letter that you just use the information given to you regardless. So you are still reporting this account wrongly and several FDCPA violations have been found, like the ones I mentioned on my previous letter and the fact that you reported my account while it was in the middle of a dispute. Since you said you bought this account no worries about my relationship with the alleged original creditor but rest assured they’ve been taken care of already. My complaint is directly with you because you are the one reporting wrongly and you don’t want to take responsibility for it. I tried to fix this issue peacefully and I thought that a complaint with Revdex.com would make you look into the accounts and see the issues with it but I guess I was wrong. Please remove these accounts immediately from my credit reports. If this issue doesn’t get fixed within 15 days or I will be filing an official complaint with the Consumer Financial Protection Bureau, the attorney general, the Federal Trade Commission and ACA International. Although, I would like to resolve things without an attorney I will look legal counsel if my accounts still appear on any of my credit reports 30 days from today. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me. I can assure you that the payment would be higher than the amount that you say that I owe. So please, read all my complaints again and especially this one and admit that you might be reporting the wrong person. Thank You.
Regards,
[redacted]
August 22, 2014
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated 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.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 14, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 7, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2009. The balance at the time of purchase was $12,622.93.
[redacted] expresses concern that Midland Credit has not provided verification of debt and did not respond to his requests in a timely fashion. On January 21, 2011, Midland Credit mailed [redacted] a validation letter via the United States Postal Service to the same address listed within the complaint. However, the letter was returned as “undeliverable.” Midland Credit subsequently received a request for validation from [redacted] on June 28, 2011. A response to that letter was not sent due to administrative oversight.
Midland Credit thereafter mailed [redacted] another validation letter on July 13, 2011 via the United States Postal Service to [redacted]. This letter was not returned as “undeliverable.”
A copy of the verification information provided by the seller, which was previously mailed to [redacted] on June 27, 2014, is enclosed. With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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 March 15, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 28, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 31, 2009. The balance at the time of purchase was $2,683.96.
[redacted] expresses a concern that she was not notified of the account prior to seeing it appear on her credit report. On March 18, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that while it did receive notices of possible dispute from the credit reporting agencies beginning in March 2015, 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.
Several of the letters sent by Midland Credit were sent to the same address [redacted] lists as her residence in the complaint. However, no response was received by Midland Credit in response to any of its attempts to contact [redacted].
While Midland Credit has not received any direct correspondence from [redacted] disputing the debt prior to her complaint, it did receive notices of possible dispute from the credit reporting agencies. The social security number provided by [redacted] to the credit reporting agencies was a full match for that provided by the seller on this account, confirming that she is the correct consumer. However, due to administrative oversight, response letters to [redacted] were sent to the prior address provided by the seller instead of to her current address. Her address has been updated in Midland Credit’s system. A copy of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to resolve the above-referenced debt, she 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 of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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 chose to only answer a couple of questions asked and did not submit the evidence required. They also are being deceitful to the Revdex.com. They say I never sent anything to them for validation and have only had correspondence from me with you, but they have on my credit reports that I disputed the account and one says it's in the dispute process. They haven't validated anything but what was convenient for them. They haven't showed any of the original account information or the contract with my original signature. They didn't show the agreement with my signature showing they could add interest or how it has been calculated. They were asked to show proof that they verified that they could even collect the debt. Doesn't Midland have to check everything and make sure everything is 100% right before they put inaccurate information on credit reports? They keep shifting the blame. First it was my fault because they said I didn't know what a charge off is and now they are saying it's the reporting agencies fault how things are reported. I called the CRA'S and it's up to Midland to report thier information correctly or it has to be removed. The CRA'S only report what information they are given. It's not their job to try and collect or make accounts. They just report what they are given. It's not the CRA'S fault that Midland is reporting incorrectly. I also mentioned how now that Midland has noticed activity they are adding more interest which they haven't done in years. They are trying to bully me and only use what's convenient for them. There is no proof I ever had an account with [redacted] so they can't collect what doesn't exist. They didn't even get the information from [redacted] it was from some other company. They haven't been able to show the account is mine all they showed it what they bought from some other company. No one can verify any off this is mine. They were asked to show proof of the original contract, my signature, proof of the charges and how everything was calculated. They were asked to show all of the account history and how they came up with the $693 original balance and how it went to 930 now it's 932 I believe. If they own the account they should have all this information. They were asked to show how when and for how much the last payment was for. They ignored all this. They are reporting different dates and information and that's their responsibility not the CRA'S like they are alluding to. One one account they have an open account 120 days past due. I don't have any payment plan with them, the debt isn't even mine. Then they want me to send them my private information to them. They know they are reporting under two different names. How can they not know what THEY are reporting. That shows nothing is verifiable and they are an irresponsible company. They are just putting what they want, wear ever they want and how they want with no reguards to what is true or not. They are just trying to get money and I don't owe it. They were asked to show proof of a number of things. They ignored the request and all they could show was they bought a debt from another party not even the original creditor they list. If they own the account they should have all the information that came with it. They are taking advantage of me and keep shifting responsibility They say they sent a letter and that's all they are required to do. They can't prove they sent the letter and to show how deceitful they are being they have never sent me anything. If I didn't check my report I wouldn't even know about this and now they are adding more interest. If they can't show the original contract with my original signature the payment history the dates what the balance was and how it got to $693 then to $932 how can they damage my credit reports with no way to prove it. I noted some of my private life to show there is no way the account can be mine and their answer was to say I'm a hardship case and they won't contact me. That isn't even close to being relevant to the private information I gave. The point was there is no way the account can be mine and that if they have all this proof (wich they didn't give) then maybe they should consider it could of been a fraudulent account. They are just doing whatever they want because I'm the little guy in this. That's why I enlisted the Revdex.com help with the matter. What do I need to do to get this completely removed from my credit reports. I'm starting to believe that I am being targeted for being Disabled and a Veteran. As soon as I let that little bit of private information out to show my side and how it's impossible the account is mine I get hit with more interest and remarks and they won't show anything asked to verify this account. What really bothers me about all this is that I don't owe them anything. I wouldn't go through all this and have it effect me and even aggravate part of my huge disabilities more. I just want this settled. I figured Midland would be professional about this going through the Revdex.com but they just keep shifting responsibility and they can't show the paperwork to back it up. They pick what answers they want to or can answer and ignore all the important things. All they showed was a bill of sale from a company other than the original creditor they have listed. They didn't even show how they verified the information they got and was 100% sure they could try and collect from me.If they own the account they should have all the information and be able to show it. I mentioned the statue of limitations because they have different dates under the same account number. Then they insinuate that I'm just trying to have it removed from my reports. I'm fully aware that if it was my debt it would still be owed and if I owed it, it would of been taken care of already. I don't want to be a pain and I know this takes up people's time but I don't owe this debt in any way shape or form and because of Midlands actions and/or lack there of it's been a nightmare. I think Midland needs to show all the documentation asked for and prove I owe this. They know I don't owe this and that they can't prove it so they try to hide behind that they sent a letter that they can't prove they sent and say because of that I owe a debt.I just want this resolved and completely taken off my credit reports. It's not right that I have to deal with this issue it should have never been put on my reports period. If Midland are professionals they need to provide all the requested documentation and show what they claim.Midland said in both thier replies that they take consumer complaints and rights very seriously but they won't even provide the necessary paperwork to prove their claim against me. They don't even care if the account could even be fraudulent. I feel Midland has no proof and can't verify everything asked for and they are trying to bully me. They are adding stuff to the accounts and they are putting remarks on my reports. I feel they are trying to punish me for enlisting your help by adding things and all of a sudden adding of interest since I contacted the Revdex.com. It's like they know they are wrong and are trying to bully me into paying before they get exposed and have to remove their inaccurate reporting. I'm not liable for this and if they think they are 100% correct they should prove it in every way. Why didn't they with thier response? There has to be a reason. They decided to pick what they wanted to answer and all it was, was a bill of sale. Like I've said many times if they own the account they should have all that information and be able to show why they believe what they do. I mean all their merit is behind a letter they can't prove they even sent. I guarantee you that if I would have gotten any letter we wouldn't be going through all this now. I just want this handled and removed off my reports completely. Midland needs to also consider this could be a fraudulent account and like I've said if they own it they should have all the requested documents and information to prove what they say.I would think that Midland would want to provide all the information requested to clear them and prove they are a reputable company and not taking advantage of me and others as well. I really want this to be handled properly and it will show I don't owe this money. It's not my account. So I again request that Midland remove the account off all my reports and state it won't return all in writing. I thank everyone for their time and Thank You for taking the time out of your day to read this.I'm looking forward to hearing from you and getting all this resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2009. The balance at the time of purchase was $982.08.
[redacted] expresses a concern that he was not provided proper notice of the debt. Pursuant to Midland Credit’s standard business practices, on January 4, 2014, Midland Credit mailed the initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
Midland Credit’s business records indicate that the complaint [redacted] filed was received in a timely manner pursuant to applicable law specific to the account. Upon receipt, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Mr. [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 2016. Midland Credit appreciates the opportunity to answer your questions. Please note, Mr. [redacted] references an account purchased from [redacted]’s, however, a review of Midland Credit’s business records shows that it does not own such an account for Mr. [redacted].
A review of Midland Credit’s business records indicates that Mr. [redacted] has retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have Mr. [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 Mr. [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 January 27, 2016. Information provided by the seller, [redacted] III, LLC at the time of acquisition indicates this account was originated on August 31, 2014, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 17, 2015. The balance at the time of purchase was $458.91.
Mr. [redacted] expresses a concern that his request for validation was ignored. On January 29, 2016, Midland Credit mailed Mr. [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mr. [redacted] in response to the letter. Although no written requests for validation have been received, a copy of the verification information provided by the seller is enclosed for Mr. [redacted]’s records.
During a telephone call from Mr. [redacted] on May 4, 2016, Mr. [redacted] advised that he disputed the referenced debt and believed the account was a result of identity theft. The account was sequestered at that time and shortly thereafter Midland Credit received the current complaint through the Revdex.com.
Midland Credit stands ready to assist Mr. [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that Mr. [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Mr. [redacted] should complete the form and have the form notarized.
Mr. [redacted] can also contact Midland Credit online at www.midlandcreditonline.com/consumer-resolution-center/, where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or Mr. [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Lastly, Mr. [redacted] expresses a concern that Midland Funding is reporting false information to the credit reporting agencies. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
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 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on February 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 October 22, 2011. The balance at the time of purchase was $794.84. Final payment on the account was received on October 25, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that he is not sure if Midland Credit is a legitimate company, and that when he contacted the original creditor for the above-referenced account, the representative advised him that Midland Credit did not handle collections for it. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also references paying toward a [redacted] account in 2012, but then stopped due to his concerns. A review of Midland Credit’s business records indicates that [redacted] contacted Midland Credit on June 3, 2013, to set up a payment plan to resolve the balance. Final payment on the account was received on October 25, 2013, and [redacted] has no further financial obligation for this account.
[redacted] also states that he recently received a letter regarding a [redacted] account of which he does not have any knowledge. An investigation of the matter indicates Midland Credit is the servicer of a different account belonging to another consumer with the same name as [redacted]’s. During a search for the correct consumer, [redacted]’s address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted]’s address has been marked “Do Not Mail” in Midland Credit’s computer system for the [redacted] account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted]7 should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
January 13, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated January 12, 2015. [redacted] writes that he has never received
any communication in writing from Midland.
Midland Credit maintains its position that it sent separate and unique
validation letters to [redacted] for the above referenced accounts on April 27,
2012. The letters were not returned as
“undeliverable” by the United States Postal Service. Subsequently, Midland Credit mailed several
letters to [redacted] in an effort to resolve the account balances and in
response to his dispute notices, none of which were returned as “undeliverable”
by the United States Postal Service.
[redacted] also writes that Midland Credit is reporting incorrect dates of first
delinquency. Information provided by the
seller of the above-referenced accounts, [redacted]., indicates that
[redacted] made a final payment towards account no. [redacted] on May 20, 2010,
and toward account no. [redacted] on April 7, 2010.
As
stated in its previous response, Midland Funding, LLC purchased the
above-referenced accounts on or about April 2, 2012. Midland Credit maintains its position that it
does not alter or modify any of the original account information provided by
the seller, such as the date of occurrence.
Midland Credit reports the information on the accounts it services based
on the business records maintained by the original lender/seller. As such, Midland Credit must respectfully conclude
that it reflects the accurate dates of first delinquency.
Additionally,
[redacted] expresses concern regarding the nomenclature that appears on his
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.”
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
In addition, if [redacted] obtained his 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.
Based
on the information provided by the seller, Midland Credit has again determined
that its credit file and credit reporting of the above-referenced accounts are
accurate. Midland Credit will be closing
its investigation of [redacted]’s dispute and will be resuming regular collection
activities as allowed by the [redacted] Finance Code and/or the Fair Credit
Reporting Act.
The
above-referenced accounts will continue to remain marked “Direct Mail
Only.” While they remain due and owing, [redacted] will continue to not
receive phone calls from Midland Credit representatives and all correspondence
will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered
In-House Counsel in California
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 11, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 10, 2009, as an [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $2,038.60.
[redacted] indicates that the original creditor had determined that the account was fraudulent and had subsequently deleted their trade line from his credit report. Please note that when Midland Funding purchased the account it was not aware that the account was opened fraudulently. In addition, [redacted] states that he mailed letters to Midland Credit disputing the account and had not received a response. Midland Credit does not have a record of receiving written correspondence from [redacted] pertaining to this specific account.
Upon receipt of the complaint filed through your office, Midland Credit was able to confirm with [redacted] that the account was in fact fraudulent. 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, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection 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
Thank you for your letter inquiry regarding
Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 11, 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 21, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was
originated on February 27, 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 March 5, 2015. The balance at the time of purchase was $1,042.24.
Mr.
[redacted] expresses a concern that Midland Credit is calling him on an account
that he states has previously been closed and that his validation requests have
been ignored. On May 29, 2015, Midland
Credit mailed Mr. [redacted] a validation letter, which informed him that Midland
Funding had acquired the account, and of his rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to Mr.
[redacted] at the same address listed within his complaint, and was not returned as
“undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Mr. [redacted] in response to the
letter. The FDCPA specifically states
that, unless a consumer provides a debt collector with notice of such a dispute
within 30 days of receiving the initial validation letter, “the debt will be
assumed to be valid by the debt collector.”
15 U.S.C. § 1692g(a)(3). Because
Midland Credit did not receive such a notice at the time, Midland Credit
appropriately proceeded with efforts to contact Mr. [redacted] and collect the
debt. A copy of the verification
information provided by the seller is enclosed for Mr. [redacted]’ records.
Consumers
are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an
account, it means that the creditor no longer believes the consumer will pay
the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right
to legally seek repayment of the promissory obligation, the new third-party
purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
If
Mr. [redacted] still has reason to believe that this account was previously
resolved, he can contact us online at [redacted], where he can email questions to a [redacted]) specialist, find the answers to frequently asked questions, and
upload documents to support his/her request. Uploaded documents are
automatically sent to a [redacted] specialist, who will investigate the consumer’s
question and mail back a response. Or Mr.
[redacted] may forward appropriate documentation to [redacted] using the contact
information on this letterhead.
Mr.
[redacted] also states that he has never given out his cell phone number. Please note that to ensure that it has the
most up to date consumer information, Midland Credit relies on consumer data
provided by third-party vendors. After
reviewing the account, it appears that a third party vendor provided Mr.
[redacted]’s cell phone number. Relying on
that information, Midland Credit updated its records and attempted to contact
Mr. [redacted] using that phone number.
Mr.
[redacted] also states that when Midland
Credit contacted him, the caller would not let him talk and states the caller
kept bothering him. Midland Credit
reviewed its records made to the cell phone number that was provided within the
complaint. After a review of Midland
Credit’s business records, it does not appear that anyone answered the calls
made to that number. If Midland Credit
has called Mr. [redacted] at a different number or he believes that he did in fact
speak to a Midland Credit representative, please call Midland Credit’s Consumer
Support Services team at [redacted] ext. [redacted] to provide additional
information to assist in the investigation.
Midland
Credit sincerely apologizes for any inconvenience this has caused Mr. [redacted]. The above-referenced account has been marked
“Direct Mail Only.” While it remains due and owing, Mr. [redacted] will no
longer receive phone calls from Midland Credit representatives and all
correspondence will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
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.The information Midland is providing now comes too little too late.. Midland has already violated Texas consumer protection laws. My request for validation was triggered shortly after I discovered the account on my credit report.. At this point, Midland has clearly violated state and federal consumer protection laws. They never responded to my validation request and there is no evidence they did. I am, however, respectfully requesting that Midland will do the right thing and delete the item from my credit report. I am making every effort to resolve this matter without presenting my case before a jury in a courtroom in my community. Regards,[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 1, 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 June 15, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on August 19, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 27, 2011. The balance at the time of purchase was $650.64.
Midland Credit sent [redacted] a validation letter on June 26, 2015. In the letter, Midland Credit informed him 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”). 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 received the first correspondence from [redacted] on December 21, 2015. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on January 6, 2016 advising that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. Midland Credit has since obtained a copy of the verification information provided by the seller, a copy of which is enclosed for [redacted]’s records.
Please note that based on the information provided by the seller, Midland Credit has again determined that its credit file, and the information being furnished for the above-referenced account, is accurate. Midland Credit will be closing its investigation of [redacted]’s dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act.
Per [redacted]’s previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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 Credit Management indicates that "The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA". But I as a consumer has the right to know how exact amount that the Midland Credit Management has calculates all those amounts. Midland Credit Management should provide me the calculation of the amount they claim I owe them. If Midland Credit Management cannot calculate and provide how they came up with the amount they claim I owe them, then the account should be deleted from All credit report agencies.
Also Midland Credit Management has claimed that Midland Credit received my correspondence on September 22, 2014 was not timely. I did not received any notification of the debt until September 15, 2014 so the statement that Midland Credit Management claimed that it was not timely not true. I did send the debt collector a validation-letter within 30 days from the date of the debt collector’s initial communication which is September 15, 2014.
Midland Credit Management also stating that "A copy of the verification information provided by the seller is enclosed". The info provided by the seller is not sufficient, it does indicate 23.90% APR, but I as a consumer, would like the detail of how Midland Credit Management has come up with the current balance $786.94. How much fees/interest they are charging because I am trying to calculate with different ways, I really cannot come up with the $786.94 !
As I indicated before that if the Midland Credit Management cannot answer the simple question how they calculate the accurate fees/interests on the account for $786.91, then the account should not be reported to all credit report agencies.Regards,[redacted] </
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
March 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 follow up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 18, 2015. [redacted] expresses a concern that she was not mailed an initial validation letter with regard to the above-referenced account. As stated in its previous response: On December 25, 2009, 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 [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on January 2, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] states that she sent a request for validation on December 22, 2014, and received no response. As referenced above, [redacted]’s correspondence was received by Midland Credit on January 2, 2015. In response to the correspondence Midland Credit mailed [redacted] a response on January 12, 2015, advising her that her correspondence was received, but that she had not included sufficient information for Midland Credit to determine the nature of her dispute.
As stated in its previous response, although [redacted]’s request was untimely, Midland Credit acknowledged her dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Midland Credit has since obtained the referenced verification information from the seller. A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at (800) 825-[redacted] ext. [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as resolve the account balance.
[redacted] also states that although Midland Credit stated in its previous response that it will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt, the account is being reported. Please note that the copies of credit reports which [redacted] has included in her follow-up request pre-date the response in which Midland Credit stated it was taking those steps. Midland Credit requested the account be removed from [redacted]’s consumer credit files shortly after receipt of the original complaint. Now that Midland Credit has provided verification information provided by the seller, Midland Credit may resume reporting of the account to the credit reporting agencies.
Per [redacted]’s previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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 26, 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 March 26, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 21, 2009 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on May 22, 2013. The balance at the time of purchase was $1,302.38.
That being said, [redacted] requests validation for the above referenced account. A review of Midland Credit’s business records indicates that on April 5, 2014, 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. 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. Based on the referenced information, a review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the credit reporting agencies.
Midland Credit has acted in a timely manner and complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and has begun the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
August 10, 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 August 1, 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 March 28, 2016. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on September 22, 2014, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2016. The balance at the time of purchase was $619.83.
[redacted] writes that he last made a payment to his [redacted] account in July 2015, and that the balance at that time was $135.00. He requests information regarding why the balance is now $619.00. A review of business records indicates that the last payment for the account was received on or about July 12, 2015, in the amount of $75.00. The balance at that time was $260.75. No additional payments were received. Because no additional payments were received, [redacted] assessed interest and late fees to the balance of the account until the time of charge-off. The account was charged off on February 28, 2016 with a balance of $619.83.
[redacted] also states that he has not heard anything about this account in over a year. On April 22, 2016, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the [redacted]’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter, and no correspondence was received directly from [redacted] prior to the complaint filed through your office.
[redacted] also requests that his credit report be corrected. Please note that Midland Credit has not furnished information for the referenced account at this time. [redacted]. as the original creditor may be reporting the account. If [redacted] has concerns regarding the information being reported by the original creditor, he may dispute it directly with the credit reporting agencies.
A copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is ready to resolve this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry dated July 30, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An...
investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]’ phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts. [redacted]’ phone number has been marked “Do Not Call” in Midland Credit’s computer system for all of the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]’ phone number has been added to an exclusion list to prevent it from being called in the future.
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 (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com: 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.
When I talked to their agent he gave me the address that they had sent all their letters to and it was the wrong address and until I gave them the correct address they could not of sent me any letters.
Regards [redacted]
April 22, 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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which...
Midland Credit Management, Inc. (“Midland Credit”) received April 14, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that she has been receiving calls from Midland Credit for three months. An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts.
[redacted] states she answered one of the calls, advised the representative that she had never had the account, and requested for the calls to stop. A review of Midland Credit’s business records indicates that a conversation, presumably with [redacted], took placed on March 23, 2016. At that time, [redacted]’s phone number was appropriately disabled in Midland Credit’s computer system for the referenced account, and no calls were placed to [redacted] regarding that account after that conversation. However, please note that calls continued to be placed, after March 23, 2016, to [redacted] regarding a separate account.
[redacted] indicates that Midland Credit representatives have contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
With that said, [redacted]’s phone number has since been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]’s phone number, [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Dear [redacted] Thank you for your letter and for finally addressing my issues directly. However, your letter ignores specific questions and doesn’t provide me with an explanation of the many reporting inaccuracies. We agree that we are talking about the two accounts [redacted] and [redacted]. Just for the record I never said that you never contacted me. I asked for more than a simple validation, I was asking for a proof that this account was mine. The only information that it was provided by you contained similar information to the information that you provided on this letter about the two accounts. (See documents attached). Also, you must be very careful with the wording that you use. You said that I said that your company had “altered” my information. This is a very serious accusation, as I never said that you had “altered” my account. I simply stated that you were not reporting my full name, when you use the verb “alter” it sounds like you intentionally made changes to my name and I didn’t say that. As you state in your letter this is the information that you’ve received from the alleged original creditor and this is why you are receiving this complaint. You take accounts but do not verify them so if the account does not belong to me or if they information is being reported wrongly you just don’t care because your answer to your complaint will be that that’s what you received (regardless if wrong or not). I’m happy that you explained the term “OPEN” but an account can be either open or closed you can’t report that the account is opened with a credit bureau and closed with another and then blame them that they can update or nor their records. See previous attachment and see that accounts are being reported differently. Obviously you are not reporting the same information to all the bureaus. For your information, my credit reports have been issued directly with [redacted], [redacted] and [redacted] and I have also used MyFico and CreditKarma so I haven’t only used a compilation source. The information is being reported as I stated on my original complaint with the Revdex.com. You either put the blame on the alleged original creditor (for sending you the wrong information) or on the bureaus (for reporting the wrong information). So I’m assuming that you believe that you do everything right even when you just admitted in your letter that you just use the information given to you regardless. So you are still reporting this account wrongly and several FDCPA violations have been found, like the ones I mentioned on my previous letter and the fact that you reported my account while it was in the middle of a dispute. Since you said you bought this account no worries about my relationship with the alleged original creditor but rest assured they’ve been taken care of already. My complaint is directly with you because you are the one reporting wrongly and you don’t want to take responsibility for it. I tried to fix this issue peacefully and I thought that a complaint with Revdex.com would make you look into the accounts and see the issues with it but I guess I was wrong. Please remove these accounts immediately from my credit reports. If this issue doesn’t get fixed within 15 days or I will be filing an official complaint with the Consumer Financial Protection Bureau, the attorney general, the Federal Trade Commission and ACA International. Although, I would like to resolve things without an attorney I will look legal counsel if my accounts still appear on any of my credit reports 30 days from today. I'm sure your legal staff will agree that non-compliance with this request could put your company in serious legal trouble with the FTC and other state or federal agencies. Under the FCRA and the FDCPA, each violation is subject to a $1,000 fine, payable to me. I can assure you that the payment would be higher than the amount that you say that I owe. So please, read all my complaints again and especially this one and admit that you might be reporting the wrong person. Thank You.
Regards,
[redacted]
August 22, 2014
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated 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.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 14, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 7, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2009. The balance at the time of purchase was $12,622.93.
[redacted] expresses concern that Midland Credit has not provided verification of debt and did not respond to his requests in a timely fashion. On January 21, 2011, Midland Credit mailed [redacted] a validation letter via the United States Postal Service to the same address listed within the complaint. However, the letter was returned as “undeliverable.” Midland Credit subsequently received a request for validation from [redacted] on June 28, 2011. A response to that letter was not sent due to administrative oversight.
Midland Credit thereafter mailed [redacted] another validation letter on July 13, 2011 via the United States Postal Service to [redacted]. This letter was not returned as “undeliverable.”
A copy of the verification information provided by the seller, which was previously mailed to [redacted] on June 27, 2014, is enclosed. With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your 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 March 15, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 28, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 31, 2009. The balance at the time of purchase was $2,683.96.
[redacted] expresses a concern that she was not notified of the account prior to seeing it appear on her credit report. On March 18, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that while it did receive notices of possible dispute from the credit reporting agencies beginning in March 2015, 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.
Several of the letters sent by Midland Credit were sent to the same address [redacted] lists as her residence in the complaint. However, no response was received by Midland Credit in response to any of its attempts to contact [redacted].
While Midland Credit has not received any direct correspondence from [redacted] disputing the debt prior to her complaint, it did receive notices of possible dispute from the credit reporting agencies. The social security number provided by [redacted] to the credit reporting agencies was a full match for that provided by the seller on this account, confirming that she is the correct consumer. However, due to administrative oversight, response letters to [redacted] were sent to the prior address provided by the seller instead of to her current address. Her address has been updated in Midland Credit’s system. A copy of the verification information provided by the seller is enclosed. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to resolve the above-referenced debt, she 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 of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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 chose to only answer a couple of questions asked and did not submit the evidence required. They also are being deceitful to the Revdex.com. They say I never sent anything to them for validation and have only had correspondence from me with you, but they have on my credit reports that I disputed the account and one says it's in the dispute process. They haven't validated anything but what was convenient for them. They haven't showed any of the original account information or the contract with my original signature. They didn't show the agreement with my signature showing they could add interest or how it has been calculated. They were asked to show proof that they verified that they could even collect the debt. Doesn't Midland have to check everything and make sure everything is 100% right before they put inaccurate information on credit reports? They keep shifting the blame. First it was my fault because they said I didn't know what a charge off is and now they are saying it's the reporting agencies fault how things are reported. I called the CRA'S and it's up to Midland to report thier information correctly or it has to be removed. The CRA'S only report what information they are given. It's not their job to try and collect or make accounts. They just report what they are given. It's not the CRA'S fault that Midland is reporting incorrectly. I also mentioned how now that Midland has noticed activity they are adding more interest which they haven't done in years. They are trying to bully me and only use what's convenient for them. There is no proof I ever had an account with [redacted] so they can't collect what doesn't exist. They didn't even get the information from [redacted] it was from some other company. They haven't been able to show the account is mine all they showed it what they bought from some other company. No one can verify any off this is mine. They were asked to show proof of the original contract, my signature, proof of the charges and how everything was calculated. They were asked to show all of the account history and how they came up with the $693 original balance and how it went to 930 now it's 932 I believe. If they own the account they should have all this information. They were asked to show how when and for how much the last payment was for. They ignored all this. They are reporting different dates and information and that's their responsibility not the CRA'S like they are alluding to. One one account they have an open account 120 days past due. I don't have any payment plan with them, the debt isn't even mine. Then they want me to send them my private information to them. They know they are reporting under two different names. How can they not know what THEY are reporting. That shows nothing is verifiable and they are an irresponsible company. They are just putting what they want, wear ever they want and how they want with no reguards to what is true or not. They are just trying to get money and I don't owe it. They were asked to show proof of a number of things. They ignored the request and all they could show was they bought a debt from another party not even the original creditor they list. If they own the account they should have all the information that came with it. They are taking advantage of me and keep shifting responsibility They say they sent a letter and that's all they are required to do. They can't prove they sent the letter and to show how deceitful they are being they have never sent me anything. If I didn't check my report I wouldn't even know about this and now they are adding more interest. If they can't show the original contract with my original signature the payment history the dates what the balance was and how it got to $693 then to $932 how can they damage my credit reports with no way to prove it. I noted some of my private life to show there is no way the account can be mine and their answer was to say I'm a hardship case and they won't contact me. That isn't even close to being relevant to the private information I gave. The point was there is no way the account can be mine and that if they have all this proof (wich they didn't give) then maybe they should consider it could of been a fraudulent account. They are just doing whatever they want because I'm the little guy in this. That's why I enlisted the Revdex.com help with the matter. What do I need to do to get this completely removed from my credit reports. I'm starting to believe that I am being targeted for being Disabled and a Veteran. As soon as I let that little bit of private information out to show my side and how it's impossible the account is mine I get hit with more interest and remarks and they won't show anything asked to verify this account. What really bothers me about all this is that I don't owe them anything. I wouldn't go through all this and have it effect me and even aggravate part of my huge disabilities more. I just want this settled. I figured Midland would be professional about this going through the Revdex.com but they just keep shifting responsibility and they can't show the paperwork to back it up. They pick what answers they want to or can answer and ignore all the important things. All they showed was a bill of sale from a company other than the original creditor they have listed. They didn't even show how they verified the information they got and was 100% sure they could try and collect from me.If they own the account they should have all the information and be able to show it. I mentioned the statue of limitations because they have different dates under the same account number. Then they insinuate that I'm just trying to have it removed from my reports. I'm fully aware that if it was my debt it would still be owed and if I owed it, it would of been taken care of already. I don't want to be a pain and I know this takes up people's time but I don't owe this debt in any way shape or form and because of Midlands actions and/or lack there of it's been a nightmare. I think Midland needs to show all the documentation asked for and prove I owe this. They know I don't owe this and that they can't prove it so they try to hide behind that they sent a letter that they can't prove they sent and say because of that I owe a debt.I just want this resolved and completely taken off my credit reports. It's not right that I have to deal with this issue it should have never been put on my reports period. If Midland are professionals they need to provide all the requested documentation and show what they claim.Midland said in both thier replies that they take consumer complaints and rights very seriously but they won't even provide the necessary paperwork to prove their claim against me. They don't even care if the account could even be fraudulent. I feel Midland has no proof and can't verify everything asked for and they are trying to bully me. They are adding stuff to the accounts and they are putting remarks on my reports. I feel they are trying to punish me for enlisting your help by adding things and all of a sudden adding of interest since I contacted the Revdex.com. It's like they know they are wrong and are trying to bully me into paying before they get exposed and have to remove their inaccurate reporting. I'm not liable for this and if they think they are 100% correct they should prove it in every way. Why didn't they with thier response? There has to be a reason. They decided to pick what they wanted to answer and all it was, was a bill of sale. Like I've said many times if they own the account they should have all that information and be able to show why they believe what they do. I mean all their merit is behind a letter they can't prove they even sent. I guarantee you that if I would have gotten any letter we wouldn't be going through all this now. I just want this handled and removed off my reports completely. Midland needs to also consider this could be a fraudulent account and like I've said if they own it they should have all the requested documents and information to prove what they say.I would think that Midland would want to provide all the information requested to clear them and prove they are a reputable company and not taking advantage of me and others as well. I really want this to be handled properly and it will show I don't owe this money. It's not my account. So I again request that Midland remove the account off all my reports and state it won't return all in writing. I thank everyone for their time and Thank You for taking the time out of your day to read this.I'm looking forward to hearing from you and getting all this resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 5, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 21, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 28, 2009. The balance at the time of purchase was $982.08.
[redacted] expresses a concern that he was not provided proper notice of the debt. Pursuant to Midland Credit’s standard business practices, on January 4, 2014, Midland Credit mailed the initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. (“FDCPA”).
Midland Credit’s business records indicate that the complaint [redacted] filed was received in a timely manner pursuant to applicable law specific to the account. Upon receipt, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be forwarded to your office. Additionally, Midland Credit will not report the account to the three major credit reporting agencies until it is able to provide verification of the debt.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
May 25, 2016
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of Mr. [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 11, 2016. Midland Credit appreciates the opportunity to answer your questions. Please note, Mr. [redacted] references an account purchased from [redacted]’s, however, a review of Midland Credit’s business records shows that it does not own such an account for Mr. [redacted].
A review of Midland Credit’s business records indicates that Mr. [redacted] has retained an attorney. Midland Credit has no record of his attorney’s contact information. Please have Mr. [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 Mr. [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 January 27, 2016. Information provided by the seller, [redacted] III, LLC at the time of acquisition indicates this account was originated on August 31, 2014, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 17, 2015. The balance at the time of purchase was $458.91.
Mr. [redacted] expresses a concern that his request for validation was ignored. On January 29, 2016, Midland Credit mailed Mr. [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Mr. [redacted] in response to the letter. Although no written requests for validation have been received, a copy of the verification information provided by the seller is enclosed for Mr. [redacted]’s records.
During a telephone call from Mr. [redacted] on May 4, 2016, Mr. [redacted] advised that he disputed the referenced debt and believed the account was a result of identity theft. The account was sequestered at that time and shortly thereafter Midland Credit received the current complaint through the Revdex.com.
Midland Credit stands ready to assist Mr. [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that Mr. [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Mr. [redacted] should complete the form and have the form notarized.
Mr. [redacted] can also contact Midland Credit online at www.midlandcreditonline.com/consumer-resolution-center/, where he can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or Mr. [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Lastly, Mr. [redacted] expresses a concern that Midland Funding is reporting false information to the credit reporting agencies. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
March 11, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 30, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on February 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 October 22, 2011. The balance at the time of purchase was $794.84. Final payment on the account was received on October 25, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that he is not sure if Midland Credit is a legitimate company, and that when he contacted the original creditor for the above-referenced account, the representative advised him that Midland Credit did not handle collections for it. Please note that it is not uncommon for a credit provider to archive an account once it has been sold. Therefore, when contacted by [redacted], the representative of the original credit provider may not have had access to the pertinent account information.
[redacted] also references paying toward a [redacted] account in 2012, but then stopped due to his concerns. A review of Midland Credit’s business records indicates that [redacted] contacted Midland Credit on June 3, 2013, to set up a payment plan to resolve the balance. Final payment on the account was received on October 25, 2013, and [redacted] has no further financial obligation for this account.
[redacted] also states that he recently received a letter regarding a [redacted] account of which he does not have any knowledge. An investigation of the matter indicates Midland Credit is the servicer of a different account belonging to another consumer with the same name as [redacted]’s. During a search for the correct consumer, [redacted]’s address was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted]’s address has been marked “Do Not Mail” in Midland Credit’s computer system for the [redacted] account. Please assure [redacted] that he will no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted]7 should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
January 13, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated January 12, 2015. [redacted] writes that he has never received
any communication in writing from Midland.
Midland Credit maintains its position that it sent separate and unique
validation letters to [redacted] for the above referenced accounts on April 27,
2012. The letters were not returned as
“undeliverable” by the United States Postal Service. Subsequently, Midland Credit mailed several
letters to [redacted] in an effort to resolve the account balances and in
response to his dispute notices, none of which were returned as “undeliverable”
by the United States Postal Service.
[redacted] also writes that Midland Credit is reporting incorrect dates of first
delinquency. Information provided by the
seller of the above-referenced accounts, [redacted]., indicates that
[redacted] made a final payment towards account no. [redacted] on May 20, 2010,
and toward account no. [redacted] on April 7, 2010.
As
stated in its previous response, Midland Funding, LLC purchased the
above-referenced accounts on or about April 2, 2012. Midland Credit maintains its position that it
does not alter or modify any of the original account information provided by
the seller, such as the date of occurrence.
Midland Credit reports the information on the accounts it services based
on the business records maintained by the original lender/seller. As such, Midland Credit must respectfully conclude
that it reflects the accurate dates of first delinquency.
Additionally,
[redacted] expresses concern regarding the nomenclature that appears on his
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.”
[redacted] is encouraged to communicate directly with the credit bureaus should he
have any further concerns about the nomenclature that Midland Credit is
compelled to use in credit bureau reporting.
In addition, if [redacted] obtained his 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.
Based
on the information provided by the seller, Midland Credit has again determined
that its credit file and credit reporting of the above-referenced accounts are
accurate. Midland Credit will be closing
its investigation of [redacted]’s dispute and will be resuming regular collection
activities as allowed by the [redacted] Finance Code and/or the Fair Credit
Reporting Act.
The
above-referenced accounts will continue to remain marked “Direct Mail
Only.” While they remain due and owing, [redacted] will continue to not
receive phone calls from Midland Credit representatives and all correspondence
will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered
In-House Counsel in California
[redacted]
October 27, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 17, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 11, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 10, 2009, as an [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on June 30, 2010. The balance at the time of purchase was $2,038.60.
[redacted] indicates that the original creditor had determined that the account was fraudulent and had subsequently deleted their trade line from his credit report. Please note that when Midland Funding purchased the account it was not aware that the account was opened fraudulently. In addition, [redacted] states that he mailed letters to Midland Credit disputing the account and had not received a response. Midland Credit does not have a record of receiving written correspondence from [redacted] pertaining to this specific account.
Upon receipt of the complaint filed through your office, Midland Credit was able to confirm with [redacted] that the account was in fact fraudulent. 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, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection 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 Ms. [redacted]:
Thank you for your letter inquiry regarding
Mr. [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
June 11, 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 21, 2015. Information provided by the seller, [redacted] at the time of acquisition indicates this account was
originated on February 27, 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 March 5, 2015. The balance at the time of purchase was $1,042.24.
Mr.
[redacted] expresses a concern that Midland Credit is calling him on an account
that he states has previously been closed and that his validation requests have
been ignored. On May 29, 2015, Midland
Credit mailed Mr. [redacted] a validation letter, which informed him that Midland
Funding had acquired the account, and of his rights pursuant to the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et
seq. (“FDCPA”). Please note that the letter was mailed to Mr.
[redacted] at the same address listed within his complaint, and was not returned as
“undeliverable” by the United States Postal Service, satisfying the
notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from Mr. [redacted] in response to the
letter. The FDCPA specifically states
that, unless a consumer provides a debt collector with notice of such a dispute
within 30 days of receiving the initial validation letter, “the debt will be
assumed to be valid by the debt collector.”
15 U.S.C. § 1692g(a)(3). Because
Midland Credit did not receive such a notice at the time, Midland Credit
appropriately proceeded with efforts to contact Mr. [redacted] and collect the
debt. A copy of the verification
information provided by the seller is enclosed for Mr. [redacted]’ records.
Consumers
are often unclear as to what the term “charge-off” means for a debt. When a creditor "charges-off" an
account, it means that the creditor no longer believes the consumer will pay
the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right
to legally seek repayment of the promissory obligation, the new third-party
purchaser has the right to repayment of the credit account. The above-referenced account remains
collectible, due and owing to Midland Credit.
If
Mr. [redacted] still has reason to believe that this account was previously
resolved, he can contact us online at [redacted], where he can email questions to a [redacted]) specialist, find the answers to frequently asked questions, and
upload documents to support his/her request. Uploaded documents are
automatically sent to a [redacted] specialist, who will investigate the consumer’s
question and mail back a response. Or Mr.
[redacted] may forward appropriate documentation to [redacted] using the contact
information on this letterhead.
Mr.
[redacted] also states that he has never given out his cell phone number. Please note that to ensure that it has the
most up to date consumer information, Midland Credit relies on consumer data
provided by third-party vendors. After
reviewing the account, it appears that a third party vendor provided Mr.
[redacted]’s cell phone number. Relying on
that information, Midland Credit updated its records and attempted to contact
Mr. [redacted] using that phone number.
Mr.
[redacted] also states that when Midland
Credit contacted him, the caller would not let him talk and states the caller
kept bothering him. Midland Credit
reviewed its records made to the cell phone number that was provided within the
complaint. After a review of Midland
Credit’s business records, it does not appear that anyone answered the calls
made to that number. If Midland Credit
has called Mr. [redacted] at a different number or he believes that he did in fact
speak to a Midland Credit representative, please call Midland Credit’s Consumer
Support Services team at [redacted] ext. [redacted] to provide additional
information to assist in the investigation.
Midland
Credit sincerely apologizes for any inconvenience this has caused Mr. [redacted]. The above-referenced account has been marked
“Direct Mail Only.” While it remains due and owing, Mr. [redacted] will no
longer receive phone calls from Midland Credit representatives and all
correspondence will be sent via the United States Postal Service.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure