July 23, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 9, 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 September 25, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 4, 2012 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 November 18, 2013. The balance at the time of purchase was $903.60.
[redacted] expresses a concern that her validation requests have been ignored. Midland Credit sent her a validation letter on October 6, 2014. In the letter, Midland Credit informed her that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was 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.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 15, 2015. Based on the information she provided and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on April 29, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller was enclosed. In response to subsequent requests for validation received on April 20, 2015, April 30, 2015, and June 19, 2015, Midland Credit confirmed that its credit file and credit reporting of the account remained accurate. These letters were mailed on April 29, 2015, May 11, 2015, and July 6, 2015. All of the letters sent to [redacted] were mailed to the same address listed in her complaint.
An additional copy of the verification information provided by the seller is enclosed. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Based on the information provided by the seller, Midland Credit continues to assert that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance. Please have her call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, per [redacted] previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 15, 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 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was
originated on November 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 March 24,
2009. The balance at the time of purchase was $1,285.11.
[redacted] writes that she has never done business with Midland Credit. Please note, 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, [redacted], 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.
[redacted] also writes that Midland Credit did not notify her about the debt. On May 3, 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 written
correspondence disputing the debt or requesting validation from [redacted] in
response to the letter. In fact, no written
correspondence was received directly from [redacted] prior to the complaint
filed through your office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A
review of Midland Credit’s business records indicates that it is accurately
reporting the above-referenced account to the three major credit reporting
agencies. If [redacted] is ready to resolve
the above-referenced debt, she may qualify for a reduction in the 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
Thank you for your letter inquiry
regarding Ms. [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 October 8, 2013. Information provided by the seller, [redacted]
[redacted], [redacted], at the time of acquisition indicates this account was
originated on February 2, 2010 as a [redacted]
[redacted] account number ending in [redacted],
in the name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on September 30,
2010. The balance at the time of purchase was $428.29.
Ms.
[redacted] writes that Midland Credit placed an account on her credit report without
sending a letter to her and she requests validation of the account. Pursuant to Midland Credit’s standard
business practices, on October 16, 2013, Midland Credit mailed the initial
validation letter to Ms. [redacted], advising her of the role of Midland Credit as
the servicer of the account and providing her with the required disclosure of
rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. §
1692. (“FDCPA”).
Upon
receipt of Ms. [redacted]’ complaint, Midland Credit acknowledged her dispute,
annotated the account as disputed, and ceased collection efforts. 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 Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have clearly asked for the following in my original complaint: [Provide the name, address, phone number, and extension number of the person with whom the debt was validated with, and the company name. Also the date and time contacted for verification. Provide a copy of the full agreement or contract showing my signature and date signed. Provide proof of your legal right to collect this debt, as well as a copy of your affidavit of sale regarding your purchase of said debt. If all items requested can not be provided, delete the account from all three credit bureaus promptly, and send me written confirmation.] This has not been done. It is suggested that you comply and follow the "attachment rule" NOW. At the very least you must produce for me:A copy of the original written agreement between myself and the entity, such as the loan note or credit card agreement, showing my signature.proof that your company has the right to collect the debt. AKA proof that the debt was assigned to you. Proof will be a bill of sale, an “assignment”, or a receipt between your company and the alleged original entity.You have not provided what I have asked for, therefore consider it wise to cease all collection efforts and delete your bogus account from my 3 credit reports.
Regards,
[redacted]
Dear [redacted]?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 10, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account-identifying information in its previous response to your office, dated July 10, 2015. A copy of that response is enclosed. [redacted] also previously filed a complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is also enclosed.
[redacted] questions whether the account is collectible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations expired on June 13, 2015. However, please note that the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy to collect the debt.
Similar to the statute of limitations, the expiration of the seven-year federal reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year federal reporting period for the above-referenced account does not expire until June 2018.
[redacted] also expresses a concern that Midland Credit does not have adequate documentation to prove that it is lawfully entitled to report this debt on his credit report. As stated in its previous response, [redacted]’s dispute was untimely. With that said, a copy of the documentation provided by the seller is enclosed for [redacted]’s records. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
[redacted]...
[redacted]
[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 15, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, [redacted] LLC (“[redacted]”), on June 21, 2016. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 15, 2013, as a [redacted]. [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, 2016. The balance at the time of purchase was $660.77.
[redacted] expresses a concern that he did not receive proper notice or disclosure at his physical address prior to the account being placed on his consumer credit files. On July 27, 2016, Midland Credit mailed [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 [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] via email on December 10, 2016, the same day that Midland Credit received his complaint submitted through the CFPB.
In response to the email and CFPB complaint, Midland Credit provided [redacted] a copy of the verification information provided by the seller when it submitted its response to the CFPB. Although verification information was already provided to [redacted], a copy of the documentation is again enclosed for his records. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.
[redacted] writes that Midland Credit does not have a court order or signed consent to furnish information on his credit report. 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. Please note that the account was purchased from the seller with all rights. 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, [redacted], has the right to repayment of the credit account.
The above-referenced account remains collectible, due and owing to Midland Credit as servicer for [redacted]. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If [redacted] is ready to resolve the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] ext. [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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]
[redacted] [redacted]
[redacted]
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding...
[redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 11, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 25, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on October 1, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on October 17, 2010. The balance at the time of purchase was $915.40.
[redacted] expresses a concern that her validation requests have been ignored. On June 4, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [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 is accurately furnishing information for the above-referenced account to the three major credit reporting agencies.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Per [redacted]’s previous to no longer be contacted, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
March 12, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] states that she is still receiving calls
from Midland Credit and provided a screenshot of the calls she is receiving at
her number of [redacted]. As
previously stated, the number [redacted] has provided is not on file in
Midland Credit’s computer system, nor has any record been found of any attempts
to call that phone number.
However, Midland Credit is determined to assist [redacted] in resolving this matter for her.
In order to determine if Midland Credit may be calling another number
which is being forwarded to [redacted], it respectfully requests that she
answer the next call received from the [redacted] phone number. Assuming the calls are originating from
Midland Credit, and are not the result of a third party fraudulently displaying
Midland Credit’s phone number as their own, once [redacted] is in contact with
a Midland Credit representative, she may request that the representative
provide the phone number being dialed.
At that point, [redacted] should request that the representative transfer
her to extension [redacted] to speak with the Consumer Support Services team. The business hours of this team are 8:00am to
4:00pm, Monday through Friday.
Once Midland Credit’s Consumer Support Services team
is provided with the phone number being dialed, it can then accordingly block
that phone number so that [redacted] does not receive further calls. Until that information is provided, as
previously stated in its prior response, Midland Credit has taken all the
appropriate actions to resolve [redacted]’s concerns to the best of its
ability based on the information provided by her.
If the calls are the results of another company or
party displaying Midland Credit’s phone number as their own, [redacted] is
encouraged to contact her phone carrier to locate the origin of the calls. She may then also contact Midland Credit to
provide this info once it is obtained.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit once
again apologizes for the inconvenience [redacted] is experiencing.
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 3, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015.
[redacted] states that she has made several attempts to resolve this matter and alleges that Midland Credit refuses to acknowledge her previous payment plan. As stated in its previous response, [redacted] previous plan was voided due to late payments. However, Midland Credit is willing to re-honor the payment agreement to settle the balance for $3,115.12.
A review of Midland Credit’s business records indicates that on March 2, 2015, [redacted] called Midland Credit and set up a payment arrangement of $88.13 monthly until the settlement balance is met. Midland Credit must respectfully conclude that [redacted] concerns have been addressed.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
August 14, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated July 31, 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, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on March 16, 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 June 25, 2012. The charge-off balance was $590.03. Additional seller fees of $147.51 resulted in a balance at the time of purchase by Midland Funding of $737.54.
[redacted] expresses a concern that his requests for validation have been ignored. While Midland Credit is sensitive to [redacted] situation, and is committed to proactively working with him to resolve the issue, there appears to be some confusion concerning Midland Credit’s prior communications. On January 29, 2014, Midland Credit mailed [redacted] a validation letter and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service, and was not returned as “undeliverable” – thus satisfying the requirements set forth within the Fair Debt Collection Practices Act (hereinafter “FDCPA”).
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).)
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on March 18, 2014. Although the request was not timely, Midland Credit acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Verification information provided by the seller was mailed to [redacted] in response to his dispute on April 16, 2014. A copy of the verification information provided by the seller is enclosed for [redacted] records. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
With that said, as [redacted] indicates in his complaint that he does not believe the account to be his, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In deference to [redacted] concerns about excessive contact, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry dated regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 19, 2014. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, Main Street Acquisition Corp., at the time of acquisition indicates this account was originated on December 7, 2007, as a First Bank of Delaware/Continental Finance MasterCard account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2008. The balance at the time of purchase was $528.88.
Ms. [redacted] expresses a concern that her validation requests have been ignored, alleging the debt does not belong to her. On February 13, 2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Ms. [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 Ms. [redacted] in response to the letter. While Midland Credit has received notifications from the credit reporting agencies advising it of possible disputes, no correspondence was received directly from Ms. [redacted] prior to the complaint filed through your office.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
While Ms. [redacted]’s request is untimely, a copy of the verification information provided by the seller, which was previously mailed to her on or about November 14, 2014, is enclosed for her records.
Aside from the above, Ms. [redacted] requests that Midland Credit delete the account from her consumer credit files. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire December 2014 at which time credit reporting on this account will cease. Please note that this does not extinguish the debt. Rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit. That being said, Midland Credit has notified the credit reporting agencies to delete all reference to the account from Ms. [redacted]’s consumer credit files due to the impending expiration of the seven-year Federal Reporting Period.
Midland Credit stands ready to assist Ms. [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that Ms. [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Ms. [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if Ms. [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below. As far as debt verification goes, unfortunately, Midland Credit has done nothing to that regard. The previous correspondence used three paragraphs to re-reference the same "information" listed on my credit file. Isn't this considered begging the question? The request for payment on these accounts, which still have not been verified to me (aside from restating the fact that they are on my credit file, which is the reason for this complaint in the first place) does nothing to solve the actual issue. I'm not sure if it is the law, but I believe that it is at the very least fair to provide documentation with signatures of me agreeing to these debts. Otherwise anyone could state that I owe them money and use that same statement as "proof" of me owing them money. Identity theft is on the rise in America and I hope that it doesn't affect me. I have not received letters from Midland Credit in the past. I spent many of the past few years homeless without the ability to receive any mail. Now that I'm more stable and finally getting around to actually take care of problems and erroneous information like this on my credit file, thanks to mobile apps like [redacted] (which makes information like my credit more readily available without having to use a computer or mail.) To be honest with you I'm confused as to how me not being able to respond to a letter that I have never received makes me liable for debts I'm unaware of. I apologize for any inconvenience, but unless the above mentioned information is provided to me I will not acknowledge these debts and also have no choice but to seek legal counsel in order to get this issue resolved promptly.
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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I do not accept this due to the fact the account should have been terminated because I was incarcerated. I called in ti the [redacted] company before actual incarceration and told them this. They agreed to terminate.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
April 6, 2015. Midland Credit...
appreciates the opportunity to
answer your questions.
An investigation of this matter indicates that
Midland Credit became the servicer of the above-referenced account on behalf of
purchaser, Midland Funding LLC (“Midland Funding”), on August 9, 2011.
Information provided by the seller, [redacted], at the time of acquisition indicates this account
was originated on September 29, 2007, as a [redacted] account number
ending in [redacted], in the name of [redacted] [redacted], under the last four of the social
security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 26, 2009. The balance at the time of purchase was $778.25.
[redacted] writes that he has been told conflicting information about the date that
account will stop reporting to his credit report. Additionally, in phone conversations with
Midland Credit representatives, [redacted] referenced both the seven-year
Federal Reporting Period and the statute of limitations in reference to credit
reporting. To clarify, the statute of
limitations date is the date on which litigation can no longer be pursued as a
potential remedy. A review of Midland
Credit’s business records indicates that the statute of limitations expired on
September 4, 2012. However, please note that the passing of the statute of
limitations does not extinguish the validity of the debt.
Similar
to the statute of limitations, the expiration of the seven-year Federal Reporting
Period also does not extinguish the debt. It only prevents the account
from being reported to the credit reporting agencies. The seven-year
Federal Reporting Period is determined based on the date of original
delinquency. A review of Midland
Credit’s business records indicates that the seven-year Federal Reporting Period
for the above-referenced account will expire in August 2015.
As
described in the complaint, [redacted] questions the alleged conduct of certain
Midland Credit employees. Midland Credit
fully respects consumers’ rights and privacy and has established policies and
procedures designed to protect those rights.
The alleged conduct described by [redacted] has been investigated. A
review of Midland Credit’s business records indicates that [redacted] has
contacted Midland Credit numerous times to request information concerning the
reporting of the account. [redacted]
references a conversation from January 2015, in which he was advised that the
account was “in collection” in March 2008, and that the account would stop
reporting in March 2015. Midland Credit does
not have record of such a conversation in January 2015. Midland Credit’s business records indicate
that the first conversation concerning credit reporting of the account occurred
on March 10, 2015. At that time, [redacted] was appropriately advised of information concerning the date of
delinquency, the seven-year Federal Reporting Period, and statute of
limitations.
On
March 20, 2015, [redacted] again contacted Midland Credit, and was incorrectly
advised by a representative of the account’s date of delinquency, and thusly
the time at which the seven-year Federal Reporting Period would expire. That same day, [redacted] contacted Midland
Credit again and spoke with a representative, and was advised of the correct date
and reporting period for the account.
During subsequent calls, [redacted] was advised of the correct date of
charge-off, date of delinquency, and Federal Reporting Period.
Midland
Credit apologizes for the error and any confusion caused by the
misinformation. Please assure [redacted]
that Midland Credit does not modify or alter any of the original account
information provided by the seller. It
is Midland Credit’s policy to report all accounts accurately. As noted above, the seven-year Federal
Reporting Period for the account will expire in August 2015. Should [redacted] pay the full balance,
Midland Credit will report the account as “Account paid in full, was a
collection account.” Should [redacted] pay less than the full balance,
Midland Credit will report an additional memo stating “Account paid in full
for less than the full balance.” If Midland Credit were to delete the
account, its correct and accurate status would not be reflected.
Per
[redacted]’s previous request to not receive phone calls, the above-referenced
account was 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
Thank you for your letter inquiry dated October 24, 2014, regarding Mr. [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 October 31, 2012. Information provided by the seller, General [redacted], at the time of acquisition indicates this account was originated on May 8, 2011, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent debt on December 16, 2011. The balance at the time of purchase was $208.05.
You express a concern that the above-referenced account is the result of identity theft. On January 4, 2013, Midland Credit mailed you a validation letter, which informed you that Midland Funding had acquired the account, and informed you of your 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 you in response to the letter. In fact, no correspondence was received directly from you prior to your complaint, 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 you and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, Midland Credit has received notice that the account was sold in error, and that the seller will be recalling the account. Midland Credit will instruct the three major credit-reporting agencies to delete any reference to the above-referenced account from your consumer credit files. Going forward, please contact the seller to assist you with regards to the above-referenced account.
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]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 27, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 28, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 26, 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 30, 2010. The balance at the time of purchase was $961.75.
[redacted] writes that he received no response to his request for validation. Midland Credit sent [redacted] a validation letter on or about March 11, 2012. 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.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on February 6, 2015. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on or about February 25, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. Verification information provided by the seller was included with the referenced response letter. An additional copy of the verification information provided by the seller is enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
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] at [redacted] to assist him in reaching a resolution of his account balance.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 24, 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 December 22, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on August 22, 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 May 31, 2009. The balance at the time of purchase was $9,123.17.
[redacted] states that he does not have an installment agreement with Midland
Credit. 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.
[redacted] also expresses concern that the above-referenced account is reporting as
“120 days past due” 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.” 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.” Midland Credit’s business records
indicate that it is appropriately reporting the above-referenced account to the
three major credit reporting agencies.
[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.
If
[redacted] is ready to resolve the above-referenced debt, [redacted] may qualify
for a reduction in his account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both
beneficial to him, as well as resolve 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 regarding [redacted]s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint...
through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on June 6, 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 January 14, 2009. The balance at the time of purchase was $795.54.
[redacted] expresses a concern that Midland Credit has failed to provide him with validation. On October 10, 2009, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on April 15, 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.
Although the April 15, 2015 request was not timely, verification information provided by the seller was mailed to [redacted] in response to his dispute on April 24, 2015. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). A copy of the verification information provided by the seller is enclosed.
[redacted] requests information regarding the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations has expired. However, please note that the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy to collect the debt.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account has expired. Midland Credit ceased credit reporting of the above-referenced account as of May 2015.
[redacted] also requests a copy of an agreement signed between him and Midland Credit Management stating that he has a contractual responsibility for the above-referenced debt. Please note that 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. 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.
With that said, to help alleviate [redacted]s concerns, although such documentation is not normally provided, copies of the bills of sale between [redacted], and [redacted] and Midland Funding are enclosed. A copy of a seller data sheet confirming the account was included in the purchase from [redacted] is also enclosed.
Additionally, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please be assured that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies.
With that said, if [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his 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
July 23, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 9, 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 September 25, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 4, 2012 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 November 18, 2013. The balance at the time of purchase was $903.60.
[redacted] expresses a concern that her validation requests have been ignored. Midland Credit sent her a validation letter on October 6, 2014. In the letter, Midland Credit informed her that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was 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.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on April 15, 2015. Based on the information she provided and pursuant to the Texas Finance Code, Midland Credit responded by sending her a letter on April 29, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. A copy of the verification information provided by the seller was enclosed. In response to subsequent requests for validation received on April 20, 2015, April 30, 2015, and June 19, 2015, Midland Credit confirmed that its credit file and credit reporting of the account remained accurate. These letters were mailed on April 29, 2015, May 11, 2015, and July 6, 2015. All of the letters sent to [redacted] were mailed to the same address listed in her complaint.
An additional copy of the verification information provided by the seller is enclosed. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Based on the information provided by the seller, Midland Credit continues to assert that its credit file and credit reporting of the above-referenced account is accurate. Midland Credit will be closing its investigation of [redacted] dispute and will be resuming regular collection activities as allowed by the Texas Finance Code and/or the Fair Credit Reporting Act.
If [redacted] is ready to resolve this debt, she may qualify for a reduction in her account balance. Please have her call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, per [redacted] previous request, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 15, 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 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was
originated on November 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 March 24,
2009. The balance at the time of purchase was $1,285.11.
[redacted] writes that she has never done business with Midland Credit. Please note, 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, [redacted], 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.
[redacted] also writes that Midland Credit did not notify her about the debt. On May 3, 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 written
correspondence disputing the debt or requesting validation from [redacted] in
response to the letter. In fact, no written
correspondence was received directly from [redacted] prior to the complaint
filed through your office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A
review of Midland Credit’s business records indicates that it is accurately
reporting the above-referenced account to the three major credit reporting
agencies. If [redacted] is ready to resolve
the above-referenced debt, she may qualify for a reduction in the 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]
Dear Ms. [redacted]:
Thank you for your letter inquiry
regarding Ms. [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 October 8, 2013. Information provided by the seller, [redacted]
[redacted], [redacted], at the time of acquisition indicates this account was
originated on February 2, 2010 as a [redacted]
[redacted] account number ending in [redacted],
in the name of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on September 30,
2010. The balance at the time of purchase was $428.29.
Ms.
[redacted] writes that Midland Credit placed an account on her credit report without
sending a letter to her and she requests validation of the account. Pursuant to Midland Credit’s standard
business practices, on October 16, 2013, Midland Credit mailed the initial
validation letter to Ms. [redacted], advising her of the role of Midland Credit as
the servicer of the account and providing her with the required disclosure of
rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. §
1692. (“FDCPA”).
Upon
receipt of Ms. [redacted]’ complaint, Midland Credit acknowledged her dispute,
annotated the account as disputed, and ceased collection efforts. 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 Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
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.
I have clearly asked for the following in my original complaint: [Provide the name, address, phone number, and extension number of the person with whom the debt was validated with, and the company name. Also the date and time contacted for verification. Provide a copy of the full agreement or contract showing my signature and date signed. Provide proof of your legal right to collect this debt, as well as a copy of your affidavit of sale regarding your purchase of said debt. If all items requested can not be provided, delete the account from all three credit bureaus promptly, and send me written confirmation.] This has not been done. It is suggested that you comply and follow the "attachment rule" NOW. At the very least you must produce for me:A copy of the original written agreement between myself and the entity, such as the loan note or credit card agreement, showing my signature.proof that your company has the right to collect the debt. AKA proof that the debt was assigned to you. Proof will be a bill of sale, an “assignment”, or a receipt between your company and the alleged original entity.You have not provided what I have asked for, therefore consider it wise to cease all collection efforts and delete your bogus account from my 3 credit reports.
Regards,
[redacted]
Dear [redacted]?xml:namespace prefix = o ns = "urn:schemas-microsoft-com:office:office" /
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 10, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account-identifying information in its previous response to your office, dated July 10, 2015. A copy of that response is enclosed. [redacted] also previously filed a complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is also enclosed.
[redacted] questions whether the account is collectible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations expired on June 13, 2015. However, please note that the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy to collect the debt.
Similar to the statute of limitations, the expiration of the seven-year federal reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year federal reporting period for the above-referenced account does not expire until June 2018.
[redacted] also expresses a concern that Midland Credit does not have adequate documentation to prove that it is lawfully entitled to report this debt on his credit report. As stated in its previous response, [redacted]’s dispute was untimely. With that said, a copy of the documentation provided by the seller is enclosed for [redacted]’s records. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Per [redacted]’s request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
December 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]
[redacted]...
[redacted]
[redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 15, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, [redacted] LLC (“[redacted]”), on June 21, 2016. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 15, 2013, as a [redacted]. [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, 2016. The balance at the time of purchase was $660.77.
[redacted] expresses a concern that he did not receive proper notice or disclosure at his physical address prior to the account being placed on his consumer credit files. On July 27, 2016, Midland Credit mailed [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 [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] via email on December 10, 2016, the same day that Midland Credit received his complaint submitted through the CFPB.
In response to the email and CFPB complaint, Midland Credit provided [redacted] a copy of the verification information provided by the seller when it submitted its response to the CFPB. Although verification information was already provided to [redacted], a copy of the documentation is again enclosed for his records. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.
[redacted] writes that Midland Credit does not have a court order or signed consent to furnish information on his credit report. 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. Please note that the account was purchased from the seller with all rights. 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, [redacted], has the right to repayment of the credit account.
The above-referenced account remains collectible, due and owing to Midland Credit as servicer for [redacted]. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate.
If [redacted] is ready to resolve the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] ext. [redacted] to assist him in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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]
[redacted] [redacted]
[redacted]
[redacted]
Enclosure
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 September 11, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 25, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on October 1, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on October 17, 2010. The balance at the time of purchase was $915.40.
[redacted] expresses a concern that her validation requests have been ignored. On June 4, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [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 is accurately furnishing information for the above-referenced account to the three major credit reporting agencies.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Per [redacted]’s previous to no longer be contacted, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
March 12, 2015. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] states that she is still receiving calls
from Midland Credit and provided a screenshot of the calls she is receiving at
her number of [redacted]. As
previously stated, the number [redacted] has provided is not on file in
Midland Credit’s computer system, nor has any record been found of any attempts
to call that phone number.
However, Midland Credit is determined to assist [redacted] in resolving this matter for her.
In order to determine if Midland Credit may be calling another number
which is being forwarded to [redacted], it respectfully requests that she
answer the next call received from the [redacted] phone number. Assuming the calls are originating from
Midland Credit, and are not the result of a third party fraudulently displaying
Midland Credit’s phone number as their own, once [redacted] is in contact with
a Midland Credit representative, she may request that the representative
provide the phone number being dialed.
At that point, [redacted] should request that the representative transfer
her to extension [redacted] to speak with the Consumer Support Services team. The business hours of this team are 8:00am to
4:00pm, Monday through Friday.
Once Midland Credit’s Consumer Support Services team
is provided with the phone number being dialed, it can then accordingly block
that phone number so that [redacted] does not receive further calls. Until that information is provided, as
previously stated in its prior response, Midland Credit has taken all the
appropriate actions to resolve [redacted]’s concerns to the best of its
ability based on the information provided by her.
If the calls are the results of another company or
party displaying Midland Credit’s phone number as their own, [redacted] is
encouraged to contact her phone carrier to locate the origin of the calls. She may then also contact Midland Credit to
provide this info once it is obtained.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit once
again apologizes for the inconvenience [redacted] is experiencing.
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 3, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015.
[redacted] states that she has made several attempts to resolve this matter and alleges that Midland Credit refuses to acknowledge her previous payment plan. As stated in its previous response, [redacted] previous plan was voided due to late payments. However, Midland Credit is willing to re-honor the payment agreement to settle the balance for $3,115.12.
A review of Midland Credit’s business records indicates that on March 2, 2015, [redacted] called Midland Credit and set up a payment arrangement of $88.13 monthly until the settlement balance is met. Midland Credit must respectfully conclude that [redacted] concerns have been addressed.
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 14, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]...
[redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated July 31, 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, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on March 16, 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 June 25, 2012. The charge-off balance was $590.03. Additional seller fees of $147.51 resulted in a balance at the time of purchase by Midland Funding of $737.54.
[redacted] expresses a concern that his requests for validation have been ignored. While Midland Credit is sensitive to [redacted] situation, and is committed to proactively working with him to resolve the issue, there appears to be some confusion concerning Midland Credit’s prior communications. On January 29, 2014, Midland Credit mailed [redacted] a validation letter and provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service, and was not returned as “undeliverable” – thus satisfying the requirements set forth within the Fair Debt Collection Practices Act (hereinafter “FDCPA”).
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).)
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on March 18, 2014. Although the request was not timely, Midland Credit acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. Verification information provided by the seller was mailed to [redacted] in response to his dispute on April 16, 2014. A copy of the verification information provided by the seller is enclosed for [redacted] records. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
With that said, as [redacted] indicates in his complaint that he does not believe the account to be his, Midland Credit stands ready to assist [redacted] in clearing his record if he has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In deference to [redacted] concerns about excessive contact, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry dated regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 19, 2014. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, Main Street Acquisition Corp., at the time of acquisition indicates this account was originated on December 7, 2007, as a First Bank of Delaware/Continental Finance MasterCard account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2008. The balance at the time of purchase was $528.88.
Ms. [redacted] expresses a concern that her validation requests have been ignored, alleging the debt does not belong to her. On February 13, 2012, Midland Credit mailed Ms. [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to Ms. [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 Ms. [redacted] in response to the letter. While Midland Credit has received notifications from the credit reporting agencies advising it of possible disputes, no correspondence was received directly from Ms. [redacted] prior to the complaint filed through your office.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Ms. [redacted] and collect the debt.
While Ms. [redacted]’s request is untimely, a copy of the verification information provided by the seller, which was previously mailed to her on or about November 14, 2014, is enclosed for her records.
Aside from the above, Ms. [redacted] requests that Midland Credit delete the account from her consumer credit files. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire December 2014 at which time credit reporting on this account will cease. Please note that this does not extinguish the debt. Rather, it prevents the account from being reported to the credit reporting agencies. The account will remain collectible, due and owing to Midland Credit. That being said, Midland Credit has notified the credit reporting agencies to delete all reference to the account from Ms. [redacted]’s consumer credit files due to the impending expiration of the seven-year Federal Reporting Period.
Midland Credit stands ready to assist Ms. [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that Ms. [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at www.ftc.gov/bcp/edu/resources/forms/affidavit.pdf. If submitting an affidavit of fraud, Ms. [redacted] should complete the form and have the form notarized. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Otherwise, if Ms. [redacted] is ready to settle the above-referenced debt, she may qualify for a reduction in her account balance. Please have Ms. [redacted] call Account Manager [redacted] at (800) 825-8131 ext. [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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. As far as debt verification goes, unfortunately, Midland Credit has done nothing to that regard. The previous correspondence used three paragraphs to re-reference the same "information" listed on my credit file. Isn't this considered begging the question? The request for payment on these accounts, which still have not been verified to me (aside from restating the fact that they are on my credit file, which is the reason for this complaint in the first place) does nothing to solve the actual issue. I'm not sure if it is the law, but I believe that it is at the very least fair to provide documentation with signatures of me agreeing to these debts. Otherwise anyone could state that I owe them money and use that same statement as "proof" of me owing them money. Identity theft is on the rise in America and I hope that it doesn't affect me. I have not received letters from Midland Credit in the past. I spent many of the past few years homeless without the ability to receive any mail. Now that I'm more stable and finally getting around to actually take care of problems and erroneous information like this on my credit file, thanks to mobile apps like [redacted] (which makes information like my credit more readily available without having to use a computer or mail.) To be honest with you I'm confused as to how me not being able to respond to a letter that I have never received makes me liable for debts I'm unaware of. I apologize for any inconvenience, but unless the above mentioned information is provided to me I will not acknowledge these debts and also have no choice but to seek legal counsel in order to get this issue resolved promptly.
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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I do not accept this due to the fact the account should have been terminated because I was incarcerated. I called in ti the [redacted] company before actual incarceration and told them this. They agreed to terminate.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
April 6, 2015. Midland Credit...
appreciates the opportunity to
answer your questions.
An investigation of this matter indicates that
Midland Credit became the servicer of the above-referenced account on behalf of
purchaser, Midland Funding LLC (“Midland Funding”), on August 9, 2011.
Information provided by the seller, [redacted], at the time of acquisition indicates this account
was originated on September 29, 2007, as a [redacted] account number
ending in [redacted], in the name of [redacted] [redacted], under the last four of the social
security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 26, 2009. The balance at the time of purchase was $778.25.
[redacted] writes that he has been told conflicting information about the date that
account will stop reporting to his credit report. Additionally, in phone conversations with
Midland Credit representatives, [redacted] referenced both the seven-year
Federal Reporting Period and the statute of limitations in reference to credit
reporting. To clarify, the statute of
limitations date is the date on which litigation can no longer be pursued as a
potential remedy. A review of Midland
Credit’s business records indicates that the statute of limitations expired on
September 4, 2012. However, please note that the passing of the statute of
limitations does not extinguish the validity of the debt.
Similar
to the statute of limitations, the expiration of the seven-year Federal Reporting
Period also does not extinguish the debt. It only prevents the account
from being reported to the credit reporting agencies. The seven-year
Federal Reporting Period is determined based on the date of original
delinquency. A review of Midland
Credit’s business records indicates that the seven-year Federal Reporting Period
for the above-referenced account will expire in August 2015.
As
described in the complaint, [redacted] questions the alleged conduct of certain
Midland Credit employees. Midland Credit
fully respects consumers’ rights and privacy and has established policies and
procedures designed to protect those rights.
The alleged conduct described by [redacted] has been investigated. A
review of Midland Credit’s business records indicates that [redacted] has
contacted Midland Credit numerous times to request information concerning the
reporting of the account. [redacted]
references a conversation from January 2015, in which he was advised that the
account was “in collection” in March 2008, and that the account would stop
reporting in March 2015. Midland Credit does
not have record of such a conversation in January 2015. Midland Credit’s business records indicate
that the first conversation concerning credit reporting of the account occurred
on March 10, 2015. At that time, [redacted] was appropriately advised of information concerning the date of
delinquency, the seven-year Federal Reporting Period, and statute of
limitations.
On
March 20, 2015, [redacted] again contacted Midland Credit, and was incorrectly
advised by a representative of the account’s date of delinquency, and thusly
the time at which the seven-year Federal Reporting Period would expire. That same day, [redacted] contacted Midland
Credit again and spoke with a representative, and was advised of the correct date
and reporting period for the account.
During subsequent calls, [redacted] was advised of the correct date of
charge-off, date of delinquency, and Federal Reporting Period.
Midland
Credit apologizes for the error and any confusion caused by the
misinformation. Please assure [redacted]
that Midland Credit does not modify or alter any of the original account
information provided by the seller. It
is Midland Credit’s policy to report all accounts accurately. As noted above, the seven-year Federal
Reporting Period for the account will expire in August 2015. Should [redacted] pay the full balance,
Midland Credit will report the account as “Account paid in full, was a
collection account.” Should [redacted] pay less than the full balance,
Midland Credit will report an additional memo stating “Account paid in full
for less than the full balance.” If Midland Credit were to delete the
account, its correct and accurate status would not be reflected.
Per
[redacted]’s previous request to not receive phone calls, the above-referenced
account was 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]
Thank you for your letter inquiry dated October 24, 2014, regarding Mr. [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 October 31, 2012. Information provided by the seller, General [redacted], at the time of acquisition indicates this account was originated on May 8, 2011, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent debt on December 16, 2011. The balance at the time of purchase was $208.05.
You express a concern that the above-referenced account is the result of identity theft. On January 4, 2013, Midland Credit mailed you a validation letter, which informed you that Midland Funding had acquired the account, and informed you of your 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 you in response to the letter. In fact, no correspondence was received directly from you prior to your complaint, 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 you and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, Midland Credit has received notice that the account was sold in error, and that the seller will be recalling the account. Midland Credit will instruct the three major credit-reporting agencies to delete any reference to the above-referenced account from your consumer credit files. Going forward, please contact the seller to assist you with regards to the above-referenced account.
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]
April 10, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com#...
[redacted]
MCM# [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 27, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on February 28, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 26, 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 30, 2010. The balance at the time of purchase was $961.75.
[redacted] writes that he received no response to his request for validation. Midland Credit sent [redacted] a validation letter on or about March 11, 2012. 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.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it received the first correspondence from [redacted] on February 6, 2015. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on or about February 25, 2015 advising that Midland Credit had determined that its credit file and credit reporting of the above-referenced account was accurate. Verification information provided by the seller was included with the referenced response letter. An additional copy of the verification information provided by the seller is enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
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] at [redacted] to assist him in reaching a resolution of his account balance.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 24, 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 December 22, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on August 22, 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 May 31, 2009. The balance at the time of purchase was $9,123.17.
[redacted] states that he does not have an installment agreement with Midland
Credit. 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.
[redacted] also expresses concern that the above-referenced account is reporting as
“120 days past due” 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.” 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.” Midland Credit’s business records
indicate that it is appropriately reporting the above-referenced account to the
three major credit reporting agencies.
[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.
If
[redacted] is ready to resolve the above-referenced debt, [redacted] may qualify
for a reduction in his account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both
beneficial to him, as well as resolve 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]
Dear [redacted]?
Thank you for your letter inquiry regarding [redacted]s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint...
through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on June 6, 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 January 14, 2009. The balance at the time of purchase was $795.54.
[redacted] expresses a concern that Midland Credit has failed to provide him with validation. On October 10, 2009, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on April 15, 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.
Although the April 15, 2015 request was not timely, verification information provided by the seller was mailed to [redacted] in response to his dispute on April 24, 2015. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999). A copy of the verification information provided by the seller is enclosed.
[redacted] requests information regarding the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations has expired. However, please note that the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy to collect the debt.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish the debt. It only prevents the account from being reported to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account has expired. Midland Credit ceased credit reporting of the above-referenced account as of May 2015.
[redacted] also requests a copy of an agreement signed between him and Midland Credit Management stating that he has a contractual responsibility for the above-referenced debt. Please note that 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. 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.
With that said, to help alleviate [redacted]s concerns, although such documentation is not normally provided, copies of the bills of sale between [redacted], and [redacted] and Midland Funding are enclosed. A copy of a seller data sheet confirming the account was included in the purchase from [redacted] is also enclosed.
Additionally, [redacted] questions whether Midland Credit is licensed to conduct business in the State of [redacted]. Please be assured that Midland Credit is licensed and/or bonded in every state which requires such licensing and/or bonding for collection companies.
With that said, if [redacted] is ready to resolve the above-referenced debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his 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