Thank you for your follow-up letter inquiry regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
June 5, 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 May 28, 2015. [redacted] writes that Midland Credit’s
previous response appears to be a computer generated form letter. Please note, in an effort to remain
consistent with how Midland Credit investigates and responds to consumer
complaints, it uses similar language in its responses. However, please be assured that Midland
Credit fully respects consumers’ rights and tailors each response to consumers’
individual concerns.
[redacted] further writes that while Midland Credit has not provided validation
documentation, collection on this debt continues. As noted in its previous response, Midland
Credit mailed [redacted] its initial validation letter on May 3, 2011, which
was not returned as undeliverable.
Pursuant to the Fair Debt Collection Practices Act (“FDCPA”), a debt
“will be assumed to be valid by the debt collector” if a consumer does not
provide the debt collector with notice of dispute within 30 days of receiving
the initial validation letter. 15 U.S.C.
§ 1692g(a)(3). The first written
validation request Midland Credit received was the initial complaint submitted
to your office. Accordingly, Midland
Credit’s position is that [redacted]’s validation request cannot be
considered timely.
While
[redacted]’s request for validation documentation cannot be considered timely,
Midland Credit has received validation documentation from seller. 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 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] still believes the debt is not valid, Midland Credit is willing to
investigate her concerns and respectfully requests that she provide
documentation substantiating her claim. If
[redacted] would like clarification concerning the type of documentation
Midland Credit would need to investigate her concerns, she may call its
Consumer Support Services Department at [redacted]. In the meantime, Midland Credit must respectfully conclude that it is accurately
reporting the account to the three major credit reporting agencies.
Aside
from the above, [redacted] also requests that Midland Credit provide a
contract between [redacted] and Midland Credit. While not required, Midland Credit has also enclosed
a copy of the bill of sale verifying
Midland Funding as the rightful owner of the account.
[redacted] may still qualify for a reduction in the account balance. She may call Account Manager [redacted]
at [redacted] to assist her in reaching a resolution of the
account balance.
Midland
Credit Midland Credit considers consumer complaints a serious matter, and fully
respects consumers’ rights. Midland
Credit apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 19, 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 19, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 17, 2007, as a [redacted] (South Dakota), N.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 November 17, 2009. The balance at the time of purchase was $1,474.31. Final payment on the account was received on December 18, 2014. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] writes that while he has resolved the balance for the above-referenced account, that the account has not been accurately updated to his consumer credit files, and that he has not received a letter indicating that the account has been paid. On January 31, 2015, Midland Credit received an electronic inquiry from Mr. [redacted], requesting a paid letter and stating that the account is still reporting as unpaid on his credit report. In response, Midland Credit mailed Mr. [redacted] a letter confirming the paid status of his account on February 4, 2015. Midland Credit has notified the three major credit reporting agencies of the status of the account. Please note that the credit reporting agencies have advised that they require 30 to 60 days to update to a consumer’s credit files. A copy of the Universal Data Form showing Midland Credit’s most recent update to the credit reporting agencies for the above-referenced account is enclosed.
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 ([redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved. My acceptance is contingent upon the aforementioned trade lines to remain "deleted" from my credit reports and not reappear at a later time under the collection efforts of Midland Credit Management.
Regards,
[redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your additional questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 7, 2015. [redacted] writes that she has received information directly from the original creditor, [redacted] which does not match the information provided in Midland Credit’s prior response. She also expresses concern that the information appearing on her credit report is inaccurate and varies between bureaus.
Please assure [redacted] that Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller, and the payment history of each individual consumer. The letter referenced by [redacted] was not included in the complaint forwarded by your office; however, [redacted] may forward a copy of the referenced documentation to Midland Credit so that it may investigate the matter further.
[redacted] specifically writes that [redacted] is listing the account as a “key derogatory.” Midland Credit is not reporting the account as “key derogatory.” The credit bureaus determine which accounts should be marked as a “key derogatory” and marks them as such. In addition, it is Midland Credit’s understanding that only the consumer can see the notation of “key derogatory.” [redacted] is encouraged to communicate directly with the credit bureaus should he/she have any further concerns regarding the “key derogatory” notation. Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the credit reporting agencies.
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
As stated in its previous response, the balance for the account was resolved on June 20, 2014. At that time, Midland Credit notified the credit reporting agencies that the balance was no longer owed, and reflects a $0.00 balance. Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected. [redacted] is encouraged to communicate directly with the credit bureaus should he/she have any further concerns.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
This company has deleted this account several times here just two times but every time I dispute it by asking for validation they never produce it then remove the account, then wait and then put it back on.
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'm not satisfied with this response. I'm not denying or accepting any debt. This is in regards to Commercial Dispute under the Uniform Commercial Code. There is an Alleged Debt being claimed against me publicly and im seeking ALL remedies to cure my GOOD name. I did not give Midland Credit mgmt any permission or not do I have an written agreement with them in regards to the Alleged debt that is being publicly declared against me by Midland Mgmt. They took up themselves to acquire this Alleged debt they claim I owe without any consent from me at all. Also, I did respond to Midland's letter that was sent to me 9/5/15 . This was done with a LEGAL & recorded phone call. I called Midland on 9/15/15 at 6:23pm. Midland's Rep agreed that I can record conversation. I've saved it for quality & assurances purposes. These so called facts Midlaland presenting is just another form of extortion without providing ANY proof I personally owe them any Debt.
Please advise.
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.
[redacted] Thank you for the response. I know it has been sometime and I'm sure that Midland is very busy. However in the mean time I did some investigation myself including calling [redacted] directly. I spoke with [redacted] in the executive department. We spent about 30-40 minutes going over the information because I was concerned that this was a [redacted] account and [redacted] was reporting it incorrectly and now it appeared that somehow midland became the original account holder and not [redacted]. I also expressed my concern on how this account was reporting She was very knowledgeable about the credit reporting agencies as she had previously been employed working for the credit reporting agencies before working for [redacted]. So her knowledge was very reassuring and what she was talking about was factual. She took the time to actually go through my credit report line by line. I hadn't heard from midland through the Revdex.com, my disputes go unheard and also anything I send in the UPSP so I figured my best coarse of action was to speak with the company that had a direct relationship with midland. She has basically told me the same thing my credit union is telling me when I refinanced my truck. Although I did get the loan it still was brought up that this should be corrected. I will list what each individual account has[redacted]Terms 1 monthstatusPaid, was a collection account, insurance claim or government claim or was terminated for default (on this you stated you only report is as “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.” It has me as a late on July 2015you state Midland Credit does not furnish information that accounts are “120 days or payments past due”[redacted] is showing Midland as the original lender. This is on any report pulledwith a payment status of unknown. there has been no data provided to show paid/charged off/settle for less, no balance nothing, just shows the original amount[redacted]Only shows only [redacted], we ([redacted] and I) with the amounts and the acct number we figured it belonged to Midland but I have 2 [redacted] on my credit report.[redacted] was also nice enough to call midland on my behalf upon doing so she discover that I had in fact set this up as a PFD. During the phone conversation, [redacted] stated contact would be made with Midland Credit Management to communicate my concerns regarding the "payment for deletion" that was agreed to when I paid Midland Credit Management in full. This phone conversation took place on October 27th. I know there was a call placed to your office from [redacted] I did let them know I would follow up with them regarding the issue as they have really gone above and beyond for me with this. Great customer service. , again I want to thank you for the response. I'm sure we can have a resolution in this matter where [redacted], Midland and I all come out as satisfied in this matter. As far as talking to the credit reporting agencies about the Nomenclature that you have to use (yes I had to actually google that lol) . I have been fighting with them tooth and nail to correct it but they just come back as verified. I just know this is becoming time consuming so I just want to get this put behind me after its done. I also don't want to come across as passing the blame as its [redacted] fault, it's midland fault, or the credit reporting agencies fault. I would just like it deleted seeing as no one can get it corrected or to status it correctly. A collection WITH a late dings my fico score. I was also questioned about the one not showing a paid or 0 balance. but the credit union was able to pull up the cancelled check. Credit unions are more likely to do a manual review of a credit report where as some other companies don't so it looks like that missed payment and balance is still sitting out there when I actuality it isn't gain [redacted] thank you for you time again I know midland is a very busy company and if I don't hear back before the holiday, Happy holidays t you and yours.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have already supplied this company and [redacted] the proof that this is not my debt. [redacted] was also sent a copy of the papers filed and recognizes that the debt was not mine I am not going to provide it again. I did what I was asked to do. Now I will let my attorney handle this and I will contact the media about this. I am tired of these collection companies bullying people. I am a victim and I am not going to let this company ruin my credit after they were sent a copy of the report that I filed. This debt will me taken off my credit report.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 21, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 1, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account originated on December 12, 2007, as a [redacted] credit card account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt on April 16, 2012. The balance at the time of purchase was $2,458.33.
[redacted] writes that there is no signed contract with Midland Funding or its servicer, Midland Credit. Consumers are sometimes 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. 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 as servicer for Midland Funding.
[redacted] expresses a concern that he has not received anything indicating that he owes money to Midland Credit. On May 16, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] 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] on August 16, 2016. In response, a letter was sent to [redacted] on August 19, 2016, along with a copy of the verification information provided by the seller.
Midland Credit received a subsequent letter from [redacted] on September 22, 2016. As verification information had recently been sent to [redacted], Midland Credit responded with a letter requesting he provide more information regarding the basis of his dispute. Midland Credit received an additional letter from [redacted] on November 1, 2016. Midland Credit once again responded requesting that he provide additional information regarding his concerns.
A copy of the verification information provided by the seller is once again enclosed for [redacted]’ 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. 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, he may qualify for a reduction in his account balance. [redacted] may call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance.
Per [redacted]’ previous request to no longer receive communication, the above-referenced account will remain marked “Cease and Desist.” While the account remains due and owing, [redacted] will no longer receive contact 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 dated September 8, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 5, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 30, 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 April 27, 2008. The balance at the time of purchase was $685.89. Final payment on the account was received on June 4, 2012. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that Midland Credit is not accurately reporting the above-referenced account to his consumer credit files. He also requests that Midland Credit validate the payment history and have this information be reflected on his consumer credit files. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account,” with a last payment date of June 4, 2012, as referenced above. If Midland Credit were to delete the account, its correct and accurate status would not be reflected. A copy of [redacted]’s payment history is enclosed. [redacted] has no further financial obligation for this account.
In an effort to reconfirm accurate reporting of its tradeline, Midland Credit submitted an instant update to the three major credit reporting agencies on September 12, 2014. The credit reporting agencies have advised that this may require up to 60 days for processing.
[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. Based on the law and guidelines governing credit reporting, it would appear that the account is being correctly reported. 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.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
March 25, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit is unable to...
locate the account in question, based on the information
provided by [redacted], including the phone number [redacted]. Please have [redacted] provide any of the
following to assist in locating the account in question: his social security
number, the phone number from which he is receiving calls, or any additional
phone numbers that may have been called.
Once that information is received, and the account is located, Midland
Credit will investigate your complaint.
[redacted] may call Midland Credit’s Consumer Support Services team at
[redacted] to provide this information so that Midland Credit
may resolve his/her complaint more quickly.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Dear [redacted]
Thank you for your letter inquiry dated September 22, 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 is the servicer of two accounts belonging to [redacted] which are being reported to the three major credit reporting agencies. Midland Credit became the servicer of account no. [redacted], 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 was originated on April 13, 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 14, 2008. The balance at the time of purchase was $321.74.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 5, 2008 as an [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 13, 2009. The balance at the time of purchase was $834.84.
[redacted] expresses a concern that the above-referenced accounts are the result of identity theft or fraud. Midland Credit mailed [redacted] separate and unique validation letters – on October 6, 2009 for account no. [redacted], and on October 17, 2009 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
Although his requests are not timely, a copy of the verification information provided by the seller is enclosed for [redacted] 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. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Upon receipt of his complaint, Midland Credit inquired with [redacted] about the above-referenced accounts and, in both instances, the seller advised that they were never made aware of a fraud claim. Additionally, [redacted], as the original creditors, may be reporting the accounts. They may also have decided to delete their tradelines when they sold the account. Whether or not the original creditors are reporting the accounts, they remain valid, due and owing.
When [redacted] previously raised his concerns to Midland Credit, he was advised to provide supporting documentation, such as a police report or affidavit of fraud. To date, no documentation has been received. Midland Credit continues to stand 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 again 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.
Based on the information provided by the seller, Midland Credit must respectfully conclude the debts remain valid, due, and owing to it. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debts, he may qualify for a reduction in his account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching resolutions that will be both beneficial to him, as well as settle the account balances.
In the meantime, the above-referenced accounts have been marked “Cease and Desist.” While they remain 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
Thank you for your follow-up letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 13, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated August 3, 2015. Mr. [redacted] continues to express concern that his requests for validation have been ignored. As referenced in his complaint, Midland Credit’s previous response indicated that validation documents provided by the seller were enclosed. However, due to an administrative oversight, the referenced documents were not attached. Midland Credit apologizes for the error and inconvenience caused to Mr. [redacted]; the referenced documents are now attached.
With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account on August 17, 2015. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete Midland Credit’s reference to the collection account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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
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. While I appreciate Midland responding to my complaint, the information they have provided to you is not true. I have not received the correspondence that they claim to have sent after I initiated my compliant with the credit bureau. As a matter of fact, when I complained to the credit bureau, Midland changed the information from a closed collection account to an open collection account which did even more harm to my credit report. Midland also said they sent info confirming that the debt from [redacted] was accurate but I just received a letter directly from [redacted] saying that the account was closed in March of 2009. They say the date of last payment was at least 2 months before closing so the account is over 7 years old. [redacted] is deleting the account and, based on the laws governing credit reporting, Midland needs to delete it too.
I would appreciate it if they would remove the inaccurate information from all of the credit reporting agencies immediately.
Regards,[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that their response is satisfactory to me. I will contact the business and will consider this complaint resolved with the Revdex.com.
Regards,
[redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 2, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit is the servicer of the four above-referenced accounts belonging to [redacted], which are currently being reported on her consumer credit files. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 26, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 30, 2006, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of purchase was $676.34.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 25, 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 5, 2009. The balance at the time of purchase was $707.88.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on May 24, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 23, 2006, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of purchase was $627.76.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on April 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 23, 2012, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 26, 2014. The balance at the time of purchase was $980.22.
[redacted] writes that Midland Credit has not provided verification of the debts. Midland Credit mailed [redacted] separate and unique validation letters – on June 4, 2009 for account no. [redacted], on October 5, 2009 for account no. [redacted], on May 28, 2010 for account no. [redacted], and on June 25, 2014 for account no. [redacted]. These letters informed [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. Midland Credit received the first correspondence requesting validation from [redacted] on November 17, 2014 for account no. [redacted], on October 8, 2010 for account no. [redacted] on November 15, 2014 for account no. [redacted], and on October 29, 2014 for account no. [redacted], which cannot be considered timely. While her validation requests could not be considered timely, Midland Credit appropriately responded to each request by mailing [redacted] a letter indicating that Midland Credit would require further documentation substantiating her dispute. Such documentation may still be submitted to Midland Credit’s Consumer Support Services Department at the address on this letterhead.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. With that said, copies of the verification information provided by the sellers for account nos. [redacted] and [redacted], which were previously mailed to [redacted], are enclosed for her records.
[redacted] writes that she continues to receive correspondence from Midland Credit with regard to the above-referenced accounts even though the Statute of Limitations has expired. A review of Midland Credit’s business records indicates that the statute of limitations expired on October 25, 2012 for account no. [redacted], on August 4, 2012 for account no. [redacted], and on October 20, 2012 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy. The above-referenced accounts still remain collectible, due and owing to Midland Credit. The statute of limitations for account no. [redacted] does not expire until September 27, 2017.
If [redacted] is ready to settle the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balances.
In the meantime, per her previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive contact 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
November 3, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 20, 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.
[redacted] expresses dissatisfaction with Midland Credit’s previous response. Midland Credit continues to encourage [redacted] to disregard any and all correspondence received for the referenced account. However, to best accommodate [redacted]’ request to have the correspondence removed, Midland Credit will mail [redacted] a self-addressed stamped envelope, so that [redacted] may return the referenced letters for their disposal.
Unfortunately, Midland Credit is unable to permanently remove [redacted]’ information or address from its system, as they are retained for historical record keeping purposes. Please assure [redacted] that her address has been disabled and marked as “Do Not Mail” in Midland Credit’s computer system for the referenced account, and that she will continue to not receive correspondence from Midland Credit regarding this account.
Please note that no phone number for [redacted] was provided in the original complaint or follow-up as submitted through your office. Midland Credit’s business records indicate it has not contacted [redacted] over the phone. However, if [redacted] believes she has received calls from Midland Credit concerning the account in question, she may contact Midland Credit’s Consumer Support Services team at [redacted] to confirm that her phone number is not associated with the referenced account.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] 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]
see attached release form
Thank you! No further action will be taken.
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
June 5, 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 May 28, 2015. [redacted] writes that Midland Credit’s
previous response appears to be a computer generated form letter. Please note, in an effort to remain
consistent with how Midland Credit investigates and responds to consumer
complaints, it uses similar language in its responses. However, please be assured that Midland
Credit fully respects consumers’ rights and tailors each response to consumers’
individual concerns.
[redacted] further writes that while Midland Credit has not provided validation
documentation, collection on this debt continues. As noted in its previous response, Midland
Credit mailed [redacted] its initial validation letter on May 3, 2011, which
was not returned as undeliverable.
Pursuant to the Fair Debt Collection Practices Act (“FDCPA”), a debt
“will be assumed to be valid by the debt collector” if a consumer does not
provide the debt collector with notice of dispute within 30 days of receiving
the initial validation letter. 15 U.S.C.
§ 1692g(a)(3). The first written
validation request Midland Credit received was the initial complaint submitted
to your office. Accordingly, Midland
Credit’s position is that [redacted]’s validation request cannot be
considered timely.
While
[redacted]’s request for validation documentation cannot be considered timely,
Midland Credit has received validation documentation from seller. 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 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] still believes the debt is not valid, Midland Credit is willing to
investigate her concerns and respectfully requests that she provide
documentation substantiating her claim. If
[redacted] would like clarification concerning the type of documentation
Midland Credit would need to investigate her concerns, she may call its
Consumer Support Services Department at [redacted]. In the meantime, Midland Credit must respectfully conclude that it is accurately
reporting the account to the three major credit reporting agencies.
Aside
from the above, [redacted] also requests that Midland Credit provide a
contract between [redacted] and Midland Credit. While not required, Midland Credit has also enclosed
a copy of the bill of sale verifying
Midland Funding as the rightful owner of the account.
[redacted] may still qualify for a reduction in the account balance. She may call Account Manager [redacted]
at [redacted] to assist her in reaching a resolution of the
account balance.
Midland
Credit Midland Credit considers consumer complaints a serious matter, and fully
respects consumers’ rights. Midland
Credit apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
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 Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 19, 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 19, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 17, 2007, as a [redacted] (South Dakota), N.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 November 17, 2009. The balance at the time of purchase was $1,474.31. Final payment on the account was received on December 18, 2014. Mr. [redacted] has no further financial obligation for this account.
Mr. [redacted] writes that while he has resolved the balance for the above-referenced account, that the account has not been accurately updated to his consumer credit files, and that he has not received a letter indicating that the account has been paid. On January 31, 2015, Midland Credit received an electronic inquiry from Mr. [redacted], requesting a paid letter and stating that the account is still reporting as unpaid on his credit report. In response, Midland Credit mailed Mr. [redacted] a letter confirming the paid status of his account on February 4, 2015. Midland Credit has notified the three major credit reporting agencies of the status of the account. Please note that the credit reporting agencies have advised that they require 30 to 60 days to update to a consumer’s credit files. A copy of the Universal Data Form showing Midland Credit’s most recent update to the credit reporting agencies for the above-referenced account is enclosed.
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 ([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 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. My acceptance is contingent upon the aforementioned trade lines to remain "deleted" from my credit reports and not reappear at a later time under the collection efforts of Midland Credit Management.
Regards,
[redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your additional questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 7, 2015. [redacted] writes that she has received information directly from the original creditor, [redacted] which does not match the information provided in Midland Credit’s prior response. She also expresses concern that the information appearing on her credit report is inaccurate and varies between bureaus.
Please assure [redacted] that Midland Credit does not modify or alter any of the original account information provided by the seller, such as the name of the consumer, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller, and the payment history of each individual consumer. The letter referenced by [redacted] was not included in the complaint forwarded by your office; however, [redacted] may forward a copy of the referenced documentation to Midland Credit so that it may investigate the matter further.
[redacted] specifically writes that [redacted] is listing the account as a “key derogatory.” Midland Credit is not reporting the account as “key derogatory.” The credit bureaus determine which accounts should be marked as a “key derogatory” and marks them as such. In addition, it is Midland Credit’s understanding that only the consumer can see the notation of “key derogatory.” [redacted] is encouraged to communicate directly with the credit bureaus should he/she have any further concerns regarding the “key derogatory” notation. Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the credit reporting agencies.
As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
As stated in its previous response, the balance for the account was resolved on June 20, 2014. At that time, Midland Credit notified the credit reporting agencies that the balance was no longer owed, and reflects a $0.00 balance. Midland Credit’s business records indicate that it is appropriately reporting the above-referenced account as “Account paid in full, was a collection account.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected. [redacted] is encouraged to communicate directly with the credit bureaus should he/she have any further concerns.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
This company has deleted this account several times here just two times but every time I dispute it by asking for validation they never produce it then remove the account, then wait and then put it back on.
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'm not satisfied with this response. I'm not denying or accepting any debt. This is in regards to Commercial Dispute under the Uniform Commercial Code. There is an Alleged Debt being claimed against me publicly and im seeking ALL remedies to cure my GOOD name. I did not give Midland Credit mgmt any permission or not do I have an written agreement with them in regards to the Alleged debt that is being publicly declared against me by Midland Mgmt. They took up themselves to acquire this Alleged debt they claim I owe without any consent from me at all. Also, I did respond to Midland's letter that was sent to me 9/5/15 . This was done with a LEGAL & recorded phone call. I called Midland on 9/15/15 at 6:23pm. Midland's Rep agreed that I can record conversation. I've saved it for quality & assurances purposes. These so called facts Midlaland presenting is just another form of extortion without providing ANY proof I personally owe them any Debt.
Please advise.
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.
[redacted] Thank you for the response. I know it has been sometime and I'm sure that Midland is very busy. However in the mean time I did some investigation myself including calling [redacted] directly. I spoke with [redacted] in the executive department. We spent about 30-40 minutes going over the information because I was concerned that this was a [redacted] account and [redacted] was reporting it incorrectly and now it appeared that somehow midland became the original account holder and not [redacted]. I also expressed my concern on how this account was reporting She was very knowledgeable about the credit reporting agencies as she had previously been employed working for the credit reporting agencies before working for [redacted]. So her knowledge was very reassuring and what she was talking about was factual. She took the time to actually go through my credit report line by line. I hadn't heard from midland through the Revdex.com, my disputes go unheard and also anything I send in the UPSP so I figured my best coarse of action was to speak with the company that had a direct relationship with midland. She has basically told me the same thing my credit union is telling me when I refinanced my truck. Although I did get the loan it still was brought up that this should be corrected. I will list what each individual account has[redacted]Terms 1 monthstatusPaid, was a collection account, insurance claim or government claim or was terminated for default (on this you stated you only report is as “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.” It has me as a late on July 2015you state Midland Credit does not furnish information that accounts are “120 days or payments past due”[redacted] is showing Midland as the original lender. This is on any report pulledwith a payment status of unknown. there has been no data provided to show paid/charged off/settle for less, no balance nothing, just shows the original amount[redacted]Only shows only [redacted], we ([redacted] and I) with the amounts and the acct number we figured it belonged to Midland but I have 2 [redacted] on my credit report.[redacted] was also nice enough to call midland on my behalf upon doing so she discover that I had in fact set this up as a PFD. During the phone conversation, [redacted] stated contact would be made with Midland Credit Management to communicate my concerns regarding the "payment for deletion" that was agreed to when I paid Midland Credit Management in full. This phone conversation took place on October 27th. I know there was a call placed to your office from [redacted] I did let them know I would follow up with them regarding the issue as they have really gone above and beyond for me with this. Great customer service. , again I want to thank you for the response. I'm sure we can have a resolution in this matter where [redacted], Midland and I all come out as satisfied in this matter. As far as talking to the credit reporting agencies about the Nomenclature that you have to use (yes I had to actually google that lol) . I have been fighting with them tooth and nail to correct it but they just come back as verified. I just know this is becoming time consuming so I just want to get this put behind me after its done. I also don't want to come across as passing the blame as its [redacted] fault, it's midland fault, or the credit reporting agencies fault. I would just like it deleted seeing as no one can get it corrected or to status it correctly. A collection WITH a late dings my fico score. I was also questioned about the one not showing a paid or 0 balance. but the credit union was able to pull up the cancelled check. Credit unions are more likely to do a manual review of a credit report where as some other companies don't so it looks like that missed payment and balance is still sitting out there when I actuality it isn't gain [redacted] thank you for you time again I know midland is a very busy company and if I don't hear back before the holiday, Happy holidays t you and yours.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have already supplied this company and [redacted] the proof that this is not my debt. [redacted] was also sent a copy of the papers filed and recognizes that the debt was not mine I am not going to provide it again. I did what I was asked to do. Now I will let my attorney handle this and I will contact the media about this. I am tired of these collection companies bullying people. I am a victim and I am not going to let this company ruin my credit after they were sent a copy of the report that I filed. This debt will me taken off my credit report.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 21, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland...
Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 1, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account originated on December 12, 2007, as a [redacted] credit card account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt on April 16, 2012. The balance at the time of purchase was $2,458.33.
[redacted] writes that there is no signed contract with Midland Funding or its servicer, Midland Credit. Consumers are sometimes 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. 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 as servicer for Midland Funding.
[redacted] expresses a concern that he has not received anything indicating that he owes money to Midland Credit. On May 16, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] 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] on August 16, 2016. In response, a letter was sent to [redacted] on August 19, 2016, along with a copy of the verification information provided by the seller.
Midland Credit received a subsequent letter from [redacted] on September 22, 2016. As verification information had recently been sent to [redacted], Midland Credit responded with a letter requesting he provide more information regarding the basis of his dispute. Midland Credit received an additional letter from [redacted] on November 1, 2016. Midland Credit once again responded requesting that he provide additional information regarding his concerns.
A copy of the verification information provided by the seller is once again enclosed for [redacted]’ 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. 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, he may qualify for a reduction in his account balance. [redacted] may call Midland Credit Account Manager [redacted] at [redacted] to assist him in reaching a resolution of his account balance.
Per [redacted]’ previous request to no longer receive communication, the above-referenced account will remain marked “Cease and Desist.” While the account remains due and owing, [redacted] will no longer receive contact 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 dated September 8, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your...
questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 5, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 30, 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 April 27, 2008. The balance at the time of purchase was $685.89. Final payment on the account was received on June 4, 2012. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that Midland Credit is not accurately reporting the above-referenced account to his consumer credit files. He also requests that Midland Credit validate the payment history and have this information be reflected on his consumer credit files. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account as “Account paid in full, was a collection account,” with a last payment date of June 4, 2012, as referenced above. If Midland Credit were to delete the account, its correct and accurate status would not be reflected. A copy of [redacted]’s payment history is enclosed. [redacted] has no further financial obligation for this account.
In an effort to reconfirm accurate reporting of its tradeline, Midland Credit submitted an instant update to the three major credit reporting agencies on September 12, 2014. The credit reporting agencies have advised that this may require up to 60 days for processing.
[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. Based on the law and guidelines governing credit reporting, it would appear that the account is being correctly reported. 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.
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
March 25, 2015. Midland Credit appreciates the opportunity to
answer your questions.
Midland
Credit is unable to...
locate the account in question, based on the information
provided by [redacted], including the phone number [redacted]. Please have [redacted] provide any of the
following to assist in locating the account in question: his social security
number, the phone number from which he is receiving calls, or any additional
phone numbers that may have been called.
Once that information is received, and the account is located, Midland
Credit will investigate your complaint.
[redacted] may call Midland Credit’s Consumer Support Services team at
[redacted] to provide this information so that Midland Credit
may resolve his/her complaint more quickly.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated September 22, 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 is the servicer of two accounts belonging to [redacted] which are being reported to the three major credit reporting agencies. Midland Credit became the servicer of account no. [redacted], 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 was originated on April 13, 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 14, 2008. The balance at the time of purchase was $321.74.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 5, 2008 as an [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 13, 2009. The balance at the time of purchase was $834.84.
[redacted] expresses a concern that the above-referenced accounts are the result of identity theft or fraud. Midland Credit mailed [redacted] separate and unique validation letters – on October 6, 2009 for account no. [redacted], and on October 17, 2009 for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
Although his requests are not timely, a copy of the verification information provided by the seller is enclosed for [redacted] 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. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Upon receipt of his complaint, Midland Credit inquired with [redacted] about the above-referenced accounts and, in both instances, the seller advised that they were never made aware of a fraud claim. Additionally, [redacted], as the original creditors, may be reporting the accounts. They may also have decided to delete their tradelines when they sold the account. Whether or not the original creditors are reporting the accounts, they remain valid, due and owing.
When [redacted] previously raised his concerns to Midland Credit, he was advised to provide supporting documentation, such as a police report or affidavit of fraud. To date, no documentation has been received. Midland Credit continues to stand 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 again 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.
Based on the information provided by the seller, Midland Credit must respectfully conclude the debts remain valid, due, and owing to it. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies.
If [redacted] is ready to settle the above-referenced debts, he may qualify for a reduction in his account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching resolutions that will be both beneficial to him, as well as settle the account balances.
In the meantime, the above-referenced accounts have been marked “Cease and Desist.” While they remain 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
Dear Ms. [redacted]:
Thank you for your follow-up letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 13, 2015. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated August 3, 2015. Mr. [redacted] continues to express concern that his requests for validation have been ignored. As referenced in his complaint, Midland Credit’s previous response indicated that validation documents provided by the seller were enclosed. However, due to an administrative oversight, the referenced documents were not attached. Midland Credit apologizes for the error and inconvenience caused to Mr. [redacted]; the referenced documents are now attached.
With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account on August 17, 2015. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete Midland Credit’s reference to the collection account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
GJG: kal
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. While I appreciate Midland responding to my complaint, the information they have provided to you is not true. I have not received the correspondence that they claim to have sent after I initiated my compliant with the credit bureau. As a matter of fact, when I complained to the credit bureau, Midland changed the information from a closed collection account to an open collection account which did even more harm to my credit report. Midland also said they sent info confirming that the debt from [redacted] was accurate but I just received a letter directly from [redacted] saying that the account was closed in March of 2009. They say the date of last payment was at least 2 months before closing so the account is over 7 years old. [redacted] is deleting the account and, based on the laws governing credit reporting, Midland needs to delete it too.
I would appreciate it if they would remove the inaccurate information from all of the credit reporting agencies immediately.
Regards,[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that their response is satisfactory to me. I will contact the business and will consider this complaint resolved with the Revdex.com.
Regards,
[redacted]
March 13, 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 March 2, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit is the servicer of the four above-referenced accounts belonging to [redacted], which are currently being reported on her consumer credit files. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 26, 2009. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 30, 2006, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of purchase was $676.34.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 25, 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 5, 2009. The balance at the time of purchase was $707.88.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on May 24, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 23, 2006, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 30, 2009. The balance at the time of purchase was $627.76.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on April 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on October 23, 2012, as a [redacted] credit card account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 26, 2014. The balance at the time of purchase was $980.22.
[redacted] writes that Midland Credit has not provided verification of the debts. Midland Credit mailed [redacted] separate and unique validation letters – on June 4, 2009 for account no. [redacted], on October 5, 2009 for account no. [redacted], on May 28, 2010 for account no. [redacted], and on June 25, 2014 for account no. [redacted]. These letters informed [redacted] that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. Midland Credit received the first correspondence requesting validation from [redacted] on November 17, 2014 for account no. [redacted], on October 8, 2010 for account no. [redacted] on November 15, 2014 for account no. [redacted], and on October 29, 2014 for account no. [redacted], which cannot be considered timely. While her validation requests could not be considered timely, Midland Credit appropriately responded to each request by mailing [redacted] a letter indicating that Midland Credit would require further documentation substantiating her dispute. Such documentation may still be submitted to Midland Credit’s Consumer Support Services Department at the address on this letterhead.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. With that said, copies of the verification information provided by the sellers for account nos. [redacted] and [redacted], which were previously mailed to [redacted], are enclosed for her records.
[redacted] writes that she continues to receive correspondence from Midland Credit with regard to the above-referenced accounts even though the Statute of Limitations has expired. A review of Midland Credit’s business records indicates that the statute of limitations expired on October 25, 2012 for account no. [redacted], on August 4, 2012 for account no. [redacted], and on October 20, 2012 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy. The above-referenced accounts still remain collectible, due and owing to Midland Credit. The statute of limitations for account no. [redacted] does not expire until September 27, 2017.
If [redacted] is ready to settle the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist her in reaching a resolution that will be both beneficial to her, as well as settle the account balances.
In the meantime, per her previous request, the above-referenced accounts will remain marked “Cease and Desist.” While they remain due and owing, [redacted] will continue to not receive contact 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
November 3, 2014
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry dated October 20, 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.
[redacted] expresses dissatisfaction with Midland Credit’s previous response. Midland Credit continues to encourage [redacted] to disregard any and all correspondence received for the referenced account. However, to best accommodate [redacted]’ request to have the correspondence removed, Midland Credit will mail [redacted] a self-addressed stamped envelope, so that [redacted] may return the referenced letters for their disposal.
Unfortunately, Midland Credit is unable to permanently remove [redacted]’ information or address from its system, as they are retained for historical record keeping purposes. Please assure [redacted] that her address has been disabled and marked as “Do Not Mail” in Midland Credit’s computer system for the referenced account, and that she will continue to not receive correspondence from Midland Credit regarding this account.
Please note that no phone number for [redacted] was provided in the original complaint or follow-up as submitted through your office. Midland Credit’s business records indicate it has not contacted [redacted] over the phone. However, if [redacted] believes she has received calls from Midland Credit concerning the account in question, she may contact Midland Credit’s Consumer Support Services team at [redacted] to confirm that her phone number is not associated with the referenced account.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] 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]