October 14,
"MARGIN: 0in 0in 0pt">VIA E-Mail
[redacted]
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of [redacted]
Revdex.com#[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc("Midland Credit") received October 4, 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 27, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 20, 2004, 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 11, 2011. The balance at the time of purchase was $
[redacted] states that Midland Credit is diminishing her credit by reporting a time barred debt and has previously brought this to Midland Credit's attention. On July 11, 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"). U.S.C§ 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (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 directly from [redacted] on March 18, 2016. In response to [redacted]'s dispute, Midland Credit acknowledged [redacted]'s dispute, annotated the account as disputed, ceased collection efforts while it was in the process of verifying the debt. Midland Credit also sent a letter to [redacted] advising her of the steps it was taking
Subsequently, Midland Credit received a second dispute from [redacted] on April 14, 2016. Upon receipt the dispute, Midland Credit had since obtained verification information from the seller, which was then mailed to [redacted]. A copy of that documentation is again enclosed for her recordsAdditionally, Midland Credit received additional disputes from [redacted] on June 9, 2016, and July 12, 2016. In response, Midland Credit appropriately requested that she provide additional information regarding her continued disputes
[redacted] further writes that the debt is "time barred" and no longer collectible. Please note that the passing of the statute of limitations does not extinguish the validity of a debtRather, it eliminates litigation as a potential remedy. A review of Midland Credit's business records indicates that the statute of limitations expired on May 7, 2015.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit's business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in May
However, during the investigation period following the dispute received directly from [redacted], Midland Credit notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]'s consumer credit files. Midland Credit has made the business decision not to request the tradeline be reinstated. Please note that this does not extinguish the debt, and the account will still remain collectible, due and owing to Midland Credit as servicer for Midland Funding
[redacted] writes that the original creditor continues to report the above-referenced account on her consumer credit files. [redacted] as the original creditor may be reporting the account or may have decided to delete its tradeline when it sold the account. Whether or not the original creditor is reporting the account, the account remains valid, due and owing. If [redacted] has concerns regarding the information being reported by the original creditor, she may dispute it directly with the credit reporting agencies
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
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] to assist her in reaching a resolution of the account balance
In the meantime, per [redacted]'s 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 Ms[redacted]:
"TEXT-ALIGN: justify; MARGIN: 0in 0in 0pt" class="MsoNormal">
Thank you for your letter inquiry regarding Mr[redacted]'s complaint, which Midland Credit Management, Inc("Midland Credit") received June 12, 2015. Midland Credit appreciates the opportunity to answer your questions
Mr[redacted] filed a similar complaint through the [redacted] ("[redacted]"). A copy of Midland Credit's response to the [redacted] is enclosed. A review of Midland Credit's business records indicates that Mr[redacted] has retained an attorneyGoing forward, all communication about the matter should be handled by his attorney. If Mr[redacted] is no longer represented by an attorney, Midland Credit requests that he provide written notice so Midland Credit may update its records and allow its representatives to communicate with him directly
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding [redacted] ("Midland Funding"), on September 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 13, 2002, as a [redacted] cellular 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 21, 2009. The balance at the time of purchase was $1,158.37.
Mr[redacted] writes that Midland Credit is reporting this account on his credit report and has refused to verify the debt. On October 7, 2011, Midland Credit mailed Mr[redacted] a validation letter, which informed him that Midland Funding had acquired the account, and informed him of his rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq. ("FDCPA"). The letter was not returned as "undeliverable" by the United States Postal Service, satisfying the notification requirements of the FDCPA. U.S.C§
Midland Credit's business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from Mr[redacted] in response to the initial validation letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." U.S.C§ 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr[redacted] and collect the debt
Midland Credit received the first written correspondence requesting validation from Mr[redacted] on September 4, 2013. While this request was untimely, Midland Credit responded on or about September 18, 2013. Midland Credit's response included verification information from the seller, and indicated that Midland Credit was unable to determine the nature of his dispute. The letter also stated that if he still believes the account information to be inaccurate, Midland Credit would require a written explanation along with documentation supporting this explanation. Midland Credit did not receive any further written documentation from Mr[redacted] until receipt of both the [redacted] complaint and this complaint. Midland Credit did, however, receive several notices of possible dispute from the credit reporting agencies. In response, Midland Credit mailed Mr[redacted] letters requesting further explanation and documentation so that Midland Credit could better understand his dispute. Midland Credit also mailed Mr[redacted] the requested validation documentation again
Another copy of the validation documentation is enclosed for Mr[redacted]'s records. If Mr[redacted] believes that this account is the product of identity theft or fraud, please have him provide a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. An affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, Mr[redacted] should complete the form and have the form notarized.
He may also contact Midland Credit online at [redacted], where he can email questions to a [redacted] ("[redacted]") specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a [redacted] specialist, who will investigate his question and mail him a response. Or, Mr[redacted] may forward the documentation to [redacted] using the contact information on this letterhead
Please note, until such documentation is provided, Midland Credit must respectfully conclude that the debt remains valid, due and owing and is accurately being reported to the three major credit reporting agencies
In the meantime, per his previous request, this account will remain marked "Cease and Desist." While it remains due and owing, Mr[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 Mr[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]
Enclosure
Dear [redacted]:
"TEXT-ALIGN: justify; MARGIN: 0in 0in 0pt" class="MsoNormal">
Thank you for your 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
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 July 8, 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 9, 2009. The balance at the time of purchase was $
[redacted] expresses concern that Midland Credit has not honored his requests to adjust his payment plan. A review of Midland Credit's business records indicates that [redacted] agreed to a payment arrangement on August 18, 2011, but was unable to continue making payments in October 2011. On July 21, 2014, [redacted] agreed to another payment arrangement to resolve the balance. Subsequently, while [redacted] submitted payments according to the payment plan, he requested multiple times to adjust the dates of his payment plan. Midland Credit apologizes for any confusion [redacted] may have experienced as a result of the changes in his plan, and the timing of the letters that were sent to confirm the updated changes
[redacted] also writes that he requested the payment dates for both January and February be moved to the last day of the month, but that he was notified by Midland Credit that the February payment would be withdrawn prior to the end of the month. Midland Credit apologizes for any miscommunication. [redacted] notification was too near the payment run date for Midland credit to be able to stop the payment from being processed. Midland Credit advised [redacted] to contact his bank directly to stop the payment[redacted] would have been notified at the time he set the payment arrangement of the amount of time required for Midland Credit to stop payment
With that said, in keeping with its Consumer-First policy, Midland Credit will accept the monies [redacted] has paid toward the account to date as final resolution of the account[redacted] has no further financial obligation for this account. Midland Credit will update the credit reporting for the account as "Account paid in full, was a collection account," with an additional memo stating "Account paid in full for less than the full 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 follow-up letter inquiry dated June 30, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant
account information in its previous letter response to your office dated June 5, 2014. In her follow-up, [redacted] continues
to express concern that Midland Credit is reporting inaccurately on her
consumer credit files. Please note that
Midland Credit’s position has not changed.
Again, Midland Credit does not report accounts as “120 days past due” to
the credit reporting agencies. Depending
on the current condition of a given account, Midland Credit will report that
account as either “Account assigned to internal or external collections,” “Account
Paid for less than the full amount,” or “Account paid in full, was a
collection account.”
Additionally,
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.
Midland Credit has been advised, and the standard in the industry is
that as a debt buyer, it should report accounts as: current status – collection
account; type of account – open; type of loan – factoring company account;
additional information – collection account.
Further, e-OSCAR, the online credit reporting system, provides the
following definition of a factoring company:
“Factoring Company - A company that purchases accounts with the intent
of collecting debts owed.” Midland
Credit has been advised by two credit reporting agencies that it should be
classified as a factoring company for credit reporting purposes.
A
review of Midland Credit’s business records indicates that it is accurately
reporting the above-referenced account to the credit reporting agencies.
Midland
Credit 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 our 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 July 30,
"">, regarding [redacted]' complaint, which Midland Credit Management, Inc(hereinafter "Midland Credit") received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]' phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts[redacted]' phone number has been marked "Do Not Call" in Midland Credit's computer system for all of the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]' phone number has been added to an exclusion list to prevent it from being called in the future
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at (800) 825-ext[redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted], Esq
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
"">Thank you for your letter inquiry dated July 14, 2014,
regarding [redacted] complaint,
which Midland Credit Management, Inc(hereinafter "Midland
Credit") received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter "Midland Funding"), on July 31, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated
on November 30, 2011, 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 July 9, 2013. The balance at the time of purchase was $385.47.
The
seller has indicated that the above-referenced account has two original account
numbers for identification purposes.
Both account numbers appear in the system. The last four digits of the additional
identifying account number are [redacted].
Midland Credit received representations and warranties from the seller
that the information provided is accurate
[redacted] expresses a concern that his validation requests have been
ignored. On August 21, 2013, 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, U.S.C§ et seq. ("FDCPA").
Please note that the letter was mailed to the same address listed within
[redacted]'s complaint via the United States Postal Service, and was not
returned as "undeliverable" – satisfying the requirements set forth within the FDCPA
Midland
Credit's business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. A review of Midland Credit's
business records indicate that it received the first written correspondence
requesting validation from [redacted] on May 13, 2014, which cannot be
considered timely
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within days of receiving the initial
validation letter, "the debt will be assumed to be valid by the debt
collector." 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
received [redacted]'s correspondence on May 13, 2014, as mentioned above. Although the request was not timely,
verification information provided by the seller was mailed to [redacted] in
response to his dispute. A copy of the verification information
provided by the seller is enclosed.
As
described in the complaint, [redacted] questions the alleged conduct of
certain Midland Credit employees. Please
note that the alleged conduct described by [redacted] was
investigated. Midland Credit has
determined that no violation of company policy occurred, and its
representatives acted appropriately pursuant to applicable lawThe
representative was unable to speak to [redacted] regarding the account
details as he had previously claimed to be speaking to his lawyerUpon
receiving the information that consumers may be represented by counsel,
representatives are not able to release information to the consumer
[redacted] also writes that he contacted Midland Credit and provided a case
number for the report filed with a police departmentMidland Credit stands
ready to assist [redacted] in clearing his record if he has been a victim
of identity theft or fraud, however, a copy of the actual police report filed
is neededMidland Credit respectfully requests that [redacted] provide it
with a copy of either a police report or an 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. [redacted] may forward appropriate
documentation to Consumer Support Services at the address on this letterhead
Until
it receives such documentation substantiating [redacted]'s claim, based on
the information available to it, Midland Credit must respectfully conclude that
it is accurately reporting the account to the three major credit reporting
agencies
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 our 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
March 24,
">
VIA E-Mail
[redacted]
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]'s complaint, which Midland Credit Management, Inc("Midland Credit") received March 10, 2015. Midland Credit appreciates the opportunity to answer your questions
[redacted] expresses a concern that an inquiry has been placed on her credit report. Please note that Midland Funding, LLC purchases, and through its servicer, Midland Credit, collects on portfolios of charged-off accounts. In that light, it uses proprietary data as well as authorized consumer-credit information provided by [redacted] in the determination of the value of potential investments. Consumer-credit information is provided under Permissible Purposes of Consumer Reports, Section 604(a)(3)(E) of the Fair Credit Reporting Act (FCRA), ‘potential investment.'
A portfolio of accounts containing [redacted]'s name was reviewed, and data made available by [redacted] was used to make the determination of potential investment, in compliance with applicable law. The inquiry conducted is not related to the credit reporting of an outstanding debt. [redacted] displays this information in the "Inquiries Not Displayed to Anyone" section of [redacted]'s credit report
Midland Credit also received additional information from your office on March 23, 2015, regarding [redacted]'s complaint, in which she also expresses concern that Midland Credit has been calling her regarding a debt that does not belong to her. Based on the information provided within [redacted]'s complaint, Midland Credit's business records do not indicate that it is calling [redacted]'s phone number, [redacted].
However, if [redacted] is receiving calls at a different phone number or believes that Midland Credit is calling her, she is encouraged to contact Midland Credit's Consumer Support Services team at [redacted] so that it may further its investigation of her claim
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 M[redacted]
"TEXT-ALIGN: justify; MARGIN: 0in 0in 0pt" class="MsoNormal">
Thank you for your letter inquiry regarding [redacted]'s complaint, which Midland Credit Management, Inc("Midland Credit") received March 3, 2015. 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]. Midland Credit became the servicer of account no[redacted], on behalf of purchaser, Midland Funding, LLC ("Midland Funding"), on January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 17, 2010, 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 1, 2011. The balance at the time of purchase was $498.44. Final payment on the account was received on May 10, 2012. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no[redacted], on behalf of purchaser, Midland Funding, on May 9, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 10, 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 August 12, 2011. The balance at the time of purchase was $
As indicated above, after [redacted] had resolved the balance for account no[redacted], Midland Funding subsequently purchased a separate account from [redacted] and assigned it to Midland Credit for servicing. It appears that attempts to collect on the second account may be the basis for his concerns
[redacted] also expresses a concern that Midland Credit representatives have contacted him excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit's business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law
If [redacted] is ready to resolve account no[redacted], [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
In the meantime, per [redacted]'s concerns about receiving calls and letters from Midland Credit, account no[redacted] 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]
Dear [redacted]
"">Thank you for your letter inquiry dated October 8, 2014,
regarding [redacted]'s complaint,
which Midland Credit Management, Inc("Midland Credit") received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions
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 14, 2012.
Information provided by the seller, [redacted], at the time of acquisition indicates this account
was originated on January 18, as a [redacted] account number ending in [redacted],
in the name of [redacted], under the last
four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 31, 2011. The balance at the time of purchase was $5,
While not the
only item of concern identified within [redacted]'s complaint, she claims
Midland Credit representatives contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in
place to ensure that its calls are being placed according to applicable
law. A review of Midland Credit's business records indicates that Midland
Credit did not call [redacted] more
often than is allowable pursuant to applicable law.
[redacted] also expresses concern that Midland Credit representatives requested
her to verify her Social Security Number.
It is Midland Credit's policy to verify the consumer's
information on each call to ensure it does not disclose personal information to
the wrong individual, as well as to protect the privacy of those with whom
Midland Credit conducts business
Aside
from the above, [redacted] indicates she was not aware that Midland was
attempting to collect on this debt prior to receiving a court notification. However, on June 2, 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, U.S.C§ et
seq. ("FDCPA"). The letter was mailed to the same address
listed within [redacted]'s complaint via the United States Postal Service,
and was not returned as "undeliverable" – satisfying the requirements set forth
within the FDCPA
Midland
Credit did not receive any correspondence disputing the debt or requesting
validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a
consumer provides a debt collector with notice of such a dispute within days
of receiving the initial validation letter, "the debt will be assumed to be
valid by the debt collector." 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
When
a resolution was not reached, on February 3, 2013, this account was referred to
Midland Credit's Internal Legal Collections Department ("Internal
Legal"). Their mailing address is PO Box 939033, San Diego, CA
Their phone number is [redacted] A
copy of the complaint has been forwarded to the firm. Suit
was filed on April 4, 2013, and judgment was subsequently awarded on September
13,
[redacted] also writes that she has sent
multiple notifications to Internal Legal.
Internal Legal advised that they
received correspondence from [redacted] on May 1, 2013, offering to pay
$per month on her account. In
response, a letter was sent to [redacted] requesting her to call Internal
Legal to set up a payment plan. On
September 19, 2013, they received correspondence stating that the consumer was
currently experiencing hardship, and offered to submit lowered payments. Another letter was sent to [redacted]
requesting that she call Internal Legal to set up a repayment plan
When a resolution could not be reached, on
January 8, 2014, an intent to garnish notice was sent to [redacted]. She subsequently returned the notice to Internal
Legal on January 29, 2014, along with a voluntary payment of $in an
attempt to avoid the garnishment. This
was not a satisfactory amount to avoid garnishment, and the garnishment was
filed on February 10, Further
review indicates that on April 9, 2014, an Internal Legal representative
attempted to call [redacted] in order to release the garnishment and
establish payment plan. Internal Legal could
not reach her, and she did not return the call.
Lastly, [redacted] writes that she is
experiencing hardship. During a
conversation with Internal Legal on September 25, 2014, she was advised that she
had to provide documentation supporting her hardship. The documentation was received on September
29, After review, Internal Legal
agreed to modify her garnishment, lowering it to $per month. The garnishment modification paper work was
mailed to her on October 3, 2014. A
copy is enclosed along with a copy of the judgment
Midland
Credit encourages [redacted] to continue to work with Internal Legal to
assist in reaching a positive resolution.
[redacted] may reach Internal Legal at their contact information
provided above
In
the meantime, per [redacted]'s request, the above-referenced account has
been marked "Direct Mail Only." While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit
representatives and all correspondence will be sent via the United States
Postal Service
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers' rights. Midland Credit
apologizes for the inconvenience caused to [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
class="MsoNormal">
[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 dated August 8, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 14, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 7, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2009. The balance at the time of purchase was $12,622.93.
[redacted] expresses concern that Midland Credit has not provided verification of debt and did not respond to his requests in a timely fashion. On January 21, 2011, Midland Credit mailed [redacted] a validation letter via the United States Postal Service to the same address listed within the complaint. However, the letter was returned as “undeliverable.” Midland Credit subsequently received a request for validation from [redacted] on June 28, 2011. A response to that letter was not sent due to administrative oversight.
Midland Credit thereafter mailed [redacted] another validation letter on July 13, 2011 via the United States Postal Service to [redacted]. This letter was not returned as “undeliverable.”
A copy of the verification information provided by the seller, which was previously mailed to [redacted] on June 27, 2014, is enclosed. With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
March 30, 2016
Roman">
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] and [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 16, 2016. 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] for which 1099-MISCs were issued. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 30, 2008. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 8, 2002 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 27, 2008. The balance at the time of purchase was $505.63.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 15, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 21, 2005 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 30, 2008. The balance at the time of purchase was $1,044.72.
Account information is not being furnished to the credit reporting agencies for the above-referenced accounts. [redacted] has no further financial obligation for either account.
[redacted] indicates that he has contacted Midland Credit but has received no response. Please note that upon receipt of [redacted] email, Midland Credit representatives began investigating his concerns. However, due to the complexity of [redacted] issues the investigation required time. Additionally, Midland Credit was not advised by [redacted] that he was no longer represented by an attorney until shortly before it received the complaint through your office. Accordingly, Midland Credit was unable to communicate directly with [redacted]. Midland Credit apologizes that it was not able to respond in as timely a manner as it normally would.
[redacted] expresses concern with the amounts reflected on the 1099-MISCs which Midland Credit sent him. A review of Midland Credit’s business records indicates that [redacted] brought suit against it in 2014 for the above-referenced accounts. The suits were settled for a total of $13,000.00. The 1099-MISCs which [redacted] received reflect a total amount of $13,000.00. It appears that [redacted] believes that the 1099-MISCs should reflect the amount of money he actually received. [redacted] received a total of $5,000.00 out of the settlement amount. [redacted] attorneys received the remainder. However, the full amount of the settlement must be reported to the Internal Revenue Service (“IRS”), including any portion paid to [redacted] attorneys. The 1099 MISCs issued to [redacted] do reflect the correct amounts. Midland Credit is unable to report an amount other than what was actually paid.
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]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 9, 2016. 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]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 27, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 12, 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 April 8, 2015. The balance at the time of purchase was $931.46.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 4, 2016. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 30, 2014 as an [redacted]. general consumer loan account number [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 8, 2015. The balance at the time of purchase was $2,709.03.
[redacted] states that he cannot afford to pay the account balances because his only source of income is from Social Security Disability payments. Additionally, [redacted] requests that Midland Credit cease credit reporting for the above-referenced accounts due to his hardship. A review of Midland Credit’s business records indicates that a call was received from [redacted] on November 2, 2016, at which time he advised that Social Security Disability was his only source of income. During the call, a Midland Credit representative requested that [redacted] forward appropriate documentation in support of his claim to Midland Credit via fax so that his accounts could be updated accordingly. [redacted] agreed to provide the documents and also asked that in the meantime, Midland Credit refrain from calling or mailing letters regarding the accounts. The above-referenced accounts were marked “Cease and Desist” at that time.
On that same day, Midland Credit received an email from [redacted] wherein he attached a copy of the supporting documentation from the Social Security Administration. Midland Credit continues to be sensitive to [redacted]’ situation, and in keeping with the Forgiveness and Hardship Guidelines found in Article 3 of its Consumer Bill of Rights, has ceased collection activities.
Please note that Midland Credit has not furnished account information to the credit bureaus for account no. [redacted]. With regard to account no. [redacted], Midland Credit has notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’ consumer credit files. A copy of this notification is enclosed for [redacted]’ records.
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]
"TEXT-ALIGN: justify; MARGIN: 0in 0in 0pt" class="MsoNormal">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc("Midland Credit") received February 25, 2015. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to [redacted] During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account
Please note, Midland Credit had no information that it was contacting a wrong number for the consumer until a phone conversation on February 22, 2015, presumably with [redacted] At that time, [redacted] phone number, [redacted], was marked "Do Not Call" in Midland Credit's computer system for the referenced account. A review of Midland Credit's business records indicates no calls have been attempted to [redacted] phone number since February 22, 2015. He will continue to not receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number has been added to an exclusion list to prevent it from being called in the future regarding the referenced account
[redacted] also requests confirmation his credit has not been affected and a statement that he is not the victim of identity theft. Midland Credit has no knowledge of [redacted] being the victim of identity theft, and further review of its business records indicates Midland Credit has not associated the address provided in [redacted] complaint with the referenced account. Additionally, Midland Credit has not reported the account to the credit reporting agencies using his personal information. Should [redacted] have any further concerns, he may contact Midland Credit's Consumer Support Services team at [redacted]
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at [redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated March 18, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Please note that
Midland Credit provided all relevant account identifying information in its
previous letter response to your office, dated March 10, 2014. In his
follow-up, [redacted] expresses concern whether Midland Credit is accurately
reporting the above-referenced accounts to the credit reporting agencies.
While
Midland Credit is sensitive to [redacted] concern, Midland Credit does not
alter or modify any of the original account information provided by the seller,
such as the name of the consumer, the date of origination, or the date of
occurrence. Midland Credit reports the
information on the accounts it acquires based on the business records
maintained by the original lender/seller.
The open date listed on [redacted] credit report is in fact the date
of purchase by Midland Funding LLC. In
accordance with the Credit Reporting Resource Guide produced by the Consumer
Data Industry Association, the open date being reported on this account
reflects the “date that the account was purchased by the debt buyer or
placed/assigned to the third party collection agency.”
Additionally,
for purposes of credit reporting, Midland Credit has been advised, and the
standard in the industry is that debt buyers should report accounts as: current
status – collection account; type of account – open; type of loan – factoring
company account; additional information – collection account. The term “Open (Portfolio Type)” has the
following definition: “Accounts where the entire amount is due upon demand or
that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently
open, due and owing in one payment. Further, e-OSCAR, the online credit
reporting system, provides the following definition of a factoring
company: “Factoring Company - A company
that purchases accounts with the intent of collecting debts owed.” Midland Credit has been advised by two credit
reporting agencies that it should be classified as a factoring company for
credit reporting purposes.
Again,
[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.
A
review of Midland Credit’s business records indicates that the final payments
for each of the above-referenced accounts have been received. [redacted] has no further financial
obligation to the accounts. The credit
reporting agencies will be notified to update the accounts’ status to “Account paid in full, was a collection
account.”
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact our 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
medium;">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
March 18, 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 August 8, 2013.
Information provided by the seller, [redacted], at the time
of acquisition indicates this account was originated on January 11, 2009, as a [redacted] account number ending in [redacted], in the
name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on November 11, 2011.
The balance at the time of purchase was $569.61.
As
described in the complaint, [redacted] questions the alleged conduct of certain
Midland Credit employees. Please note
that the alleged conduct described by him is being investigated. Midland Credit fully respects consumers’
rights and has established policies and procedures designed to protect those
rights. However, if, in spite of Midland
Credit’s best efforts to ensure professional and courteous communications at
all times, it is determined that a violation of company policy may have
occurred, the same will be addressed and dealt with in a prompt and appropriate
manner.
While
Midland Credit is pleased that it was able to assist [redacted] in reaching a
resolution which resolved the balance for the above-referenced account, it is
Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account as “Account paid in full, was a collection
account.” If Midland Credit were to
delete the account, its correct and accurate status would not be reflected.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit apologizes
for the inconvenience caused to [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 December 3, 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 October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 13, 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 March 10, 2009. The balance at the time of purchase was $5,616.00. Midland Credit has removed the interest and fees charged by the seller and its files now reflect the balance due as $2,656.32, which was the charge-off balance of the debt
[redacted] expresses concern that the above-referenced account is not his and was created erroneously under his name. Shortly after it acquired the above-referenced account, on October 26, 2013, Midland Credit sent [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"). U.S.C§ 1692.
Midland Credit first received correspondence from [redacted] requesting validation of the account on November 7, 2014. Upon receipt of [redacted]'s correspondence, Midland Credit acknowledged [redacted]'s dispute, annotated the account as disputed, and sent a letter on November 14, advising him his concerns were being investigated. Additionally, Midland Credit notified the credit reporting agencies to stop reporting the account while it conducted its investigation of the account.
Midland Credit has received verification information from the seller. A copy is enclosed for [redacted]'s records. Please note, although Midland Credit has made the business decision not to add its tradeline back to [redacted]'s consumer credit files, the account remains valid, due and owing to it
With that said, 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
However, if [redacted] is ready to settle the above-referenced debt, he 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 settle the account balance
In the meantime, per [redacted] previous request, the above-referenced account will remain marked "Direct Mail Only." While it remains due and owing, he will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at [redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
Roman';">
Thank you for your letter inquiry dated March 26, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on August 20, 2008 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 23, 2009. The balance at the time of charge-off was $2,403.04. The balance at time of purchase was $4,068.44.
[redacted] expresses concern that his request for validation was ignored. A review of Midland Credit’s business records indicates that pursuant to its standard business practices, on October 26, 2013, Midland Credit mailed the initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act (15 U.S.C. § 1692, hereinafter “FDCPA”). The letter was mailed to [redacted] at [redacted], via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on January 17, 2014. As [redacted] correspondence was received in a timely manner pursuant to applicable law specific to the account, Midland Credit acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. A letter notifying [redacted] of the same was mailed to him on January 31, 2014.
Midland Credit has since obtained verification information from the seller. A copy of the verification information 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 settle the above-referenced debt, he may qualify for a reduction in his account balance. When ready, [redacted] may call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance. Until then, the above-referenced account will be coded “Cease and Desist.” While it 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 our 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
I DONT HAVE A POLICE REPORT ETC...I JUST DID LIKE IN 2013 OR 2012 I DONT KNOW WHEN I REALALIZED THE AMOUNT IN QUESTION AND CARDS USED .WITH THE BRAIN INJURIES I SUBSTAINED I LOST A LOT OF MEMORY AND ALSO HAVE GREAT TROUBLE REMEMBERING SHORT TERM .I DONT KNOW HOW MUCH I USED THE CARD OR EVEN IF IT WAS A CARD OR A LINE OF CREDIT .I HAVE LITTLE TO NO MEMORY OF THE YEARS IN QUESTION , ALL I HAVE TO GO ON IS THE BILLS AND NEAR NOTHING TO SHOW FOR IT...I CAN NOT FILE A REPORT TO MY KNOWLEDGE WITHOUT KNOW WHO USED MY CREDIT , WHEN , WHERE ETC ETC .ALL I KNOW IS I HAD AN AUTO ACCIDENT,ENDED UP WITH BRAIN DAMAGES PERMINENT AS WELL AS OTHER ISSUES RESULTING FROM THE ACCIDENT .I COULD NOT WORK I STILL CAN NOT WORK ,I REMAIN ON DISABILTY AND WILL BE FOR THE REST OF MY LIFE ...I HAVE NO WAY OF REMEMBERING WHAT THIS INCIDENT IS ABOUT EXCEPT FROM READING BACK ON OUR EMAILS / MINE AND MIDLAND...I CAN NOT UNDER DOCTORS ORDERS CONDUCT ANY FINACIAL MATTERS ETC DUE TO MY DISABILITIES,ALL I KNOW IS I AM TRYING TO CLEAR UP THIS MESS AND DONT KNOW HOW TO GO ANY FURTHER ? I SENT PROOF , DOCTOR RECORDS FROM THE INCIDENT UP TO THE PRESENT AND THEY TURNED THEIR HEADS UP AT THAT AS WELL ....PLEASE ALL I AM ASKING IS FOR MIDLAND LOOK OVER ALL MY EMAILS,NOTES AND REMOVE THIS MESS OFF MY RECORDS ONCE AND FOR ALL ..................PLEASE RESPOND , I DONT KNOW IF THIS IS WHAT YOU REGUESTED OR NOT ?SORRY FOR THE CONFUSSIONS ON MY PART..
Dear [redacted]
margin: 0in 0in 0pt;" class="MsoNormal">
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
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 agree with the response from Midland for the following reason. Midland claims they have valid documents pertaining to the account. That may in fact be true, However; My dispute originates from their initial contact with me regarding this account back in 2013 in which I requested such documents. Now, It was at that time, they had NOT provided me with any documentation as required therefore, since they had not done so their claim was due to be dropped after 30 calendar days from my request for those documents. They never contacted me until Nov 2015 under a new name, and do not acknowledged the initial contact in Februaury 2013 because it would show default on their behalf and must close the case. I have the original letter I sent to request those document.
Regards,
[redacted]
October 14,
"MARGIN: 0in 0in 0pt">VIA E-Mail
[redacted]
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of [redacted]
Revdex.com#[redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc("Midland Credit") received October 4, 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 27, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 20, 2004, 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 11, 2011. The balance at the time of purchase was $
[redacted] states that Midland Credit is diminishing her credit by reporting a time barred debt and has previously brought this to Midland Credit's attention. On July 11, 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"). U.S.C§ 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (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 directly from [redacted] on March 18, 2016. In response to [redacted]'s dispute, Midland Credit acknowledged [redacted]'s dispute, annotated the account as disputed, ceased collection efforts while it was in the process of verifying the debt. Midland Credit also sent a letter to [redacted] advising her of the steps it was taking
Subsequently, Midland Credit received a second dispute from [redacted] on April 14, 2016. Upon receipt the dispute, Midland Credit had since obtained verification information from the seller, which was then mailed to [redacted]. A copy of that documentation is again enclosed for her recordsAdditionally, Midland Credit received additional disputes from [redacted] on June 9, 2016, and July 12, 2016. In response, Midland Credit appropriately requested that she provide additional information regarding her continued disputes
[redacted] further writes that the debt is "time barred" and no longer collectible. Please note that the passing of the statute of limitations does not extinguish the validity of a debtRather, it eliminates litigation as a potential remedy. A review of Midland Credit's business records indicates that the statute of limitations expired on May 7, 2015.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit's business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in May
However, during the investigation period following the dispute received directly from [redacted], Midland Credit notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]'s consumer credit files. Midland Credit has made the business decision not to request the tradeline be reinstated. Please note that this does not extinguish the debt, and the account will still remain collectible, due and owing to Midland Credit as servicer for Midland Funding
[redacted] writes that the original creditor continues to report the above-referenced account on her consumer credit files. [redacted] as the original creditor may be reporting the account or may have decided to delete its tradeline when it sold the account. Whether or not the original creditor is reporting the account, the account remains valid, due and owing. If [redacted] has concerns regarding the information being reported by the original creditor, she may dispute it directly with the credit reporting agencies
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
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] to assist her in reaching a resolution of the account balance
In the meantime, per [redacted]'s 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 Ms[redacted]:
"TEXT-ALIGN: justify; MARGIN: 0in 0in 0pt" class="MsoNormal">
Thank you for your letter inquiry regarding Mr[redacted]'s complaint, which Midland Credit Management, Inc("Midland Credit") received June 12, 2015. Midland Credit appreciates the opportunity to answer your questions
Mr[redacted] filed a similar complaint through the [redacted] ("[redacted]"). A copy of Midland Credit's response to the [redacted] is enclosed. A review of Midland Credit's business records indicates that Mr[redacted] has retained an attorneyGoing forward, all communication about the matter should be handled by his attorney. If Mr[redacted] is no longer represented by an attorney, Midland Credit requests that he provide written notice so Midland Credit may update its records and allow its representatives to communicate with him directly
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding [redacted] ("Midland Funding"), on September 29, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 13, 2002, as a [redacted] cellular 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 21, 2009. The balance at the time of purchase was $1,158.37.
Mr[redacted] writes that Midland Credit is reporting this account on his credit report and has refused to verify the debt. On October 7, 2011, Midland Credit mailed Mr[redacted] a validation letter, which informed him that Midland Funding had acquired the account, and informed him of his rights pursuant to the Fair Debt Collection Practices Act, U.S.C§ et seq. ("FDCPA"). The letter was not returned as "undeliverable" by the United States Postal Service, satisfying the notification requirements of the FDCPA. U.S.C§
Midland Credit's business records indicate that it did not receive any written correspondence disputing the debt or requesting validation from Mr[redacted] in response to the initial validation letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within days of receiving the initial validation letter, "the debt will be assumed to be valid by the debt collector." U.S.C§ 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr[redacted] and collect the debt
Midland Credit received the first written correspondence requesting validation from Mr[redacted] on September 4, 2013. While this request was untimely, Midland Credit responded on or about September 18, 2013. Midland Credit's response included verification information from the seller, and indicated that Midland Credit was unable to determine the nature of his dispute. The letter also stated that if he still believes the account information to be inaccurate, Midland Credit would require a written explanation along with documentation supporting this explanation. Midland Credit did not receive any further written documentation from Mr[redacted] until receipt of both the [redacted] complaint and this complaint. Midland Credit did, however, receive several notices of possible dispute from the credit reporting agencies. In response, Midland Credit mailed Mr[redacted] letters requesting further explanation and documentation so that Midland Credit could better understand his dispute. Midland Credit also mailed Mr[redacted] the requested validation documentation again
Another copy of the validation documentation is enclosed for Mr[redacted]'s records. If Mr[redacted] believes that this account is the product of identity theft or fraud, please have him provide a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. An affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, Mr[redacted] should complete the form and have the form notarized.
He may also contact Midland Credit online at [redacted], where he can email questions to a [redacted] ("[redacted]") specialist, find the answers to frequently asked questions, and upload documents to support his request. Uploaded documents are automatically sent to a [redacted] specialist, who will investigate his question and mail him a response. Or, Mr[redacted] may forward the documentation to [redacted] using the contact information on this letterhead
Please note, until such documentation is provided, Midland Credit must respectfully conclude that the debt remains valid, due and owing and is accurately being reported to the three major credit reporting agencies
In the meantime, per his previous request, this account will remain marked "Cease and Desist." While it remains due and owing, Mr[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 Mr[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]
Enclosure
Dear [redacted]:
"TEXT-ALIGN: justify; MARGIN: 0in 0in 0pt" class="MsoNormal">
Thank you for your 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
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 July 8, 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 9, 2009. The balance at the time of purchase was $
[redacted] expresses concern that Midland Credit has not honored his requests to adjust his payment plan. A review of Midland Credit's business records indicates that [redacted] agreed to a payment arrangement on August 18, 2011, but was unable to continue making payments in October 2011. On July 21, 2014, [redacted] agreed to another payment arrangement to resolve the balance. Subsequently, while [redacted] submitted payments according to the payment plan, he requested multiple times to adjust the dates of his payment plan. Midland Credit apologizes for any confusion [redacted] may have experienced as a result of the changes in his plan, and the timing of the letters that were sent to confirm the updated changes
[redacted] also writes that he requested the payment dates for both January and February be moved to the last day of the month, but that he was notified by Midland Credit that the February payment would be withdrawn prior to the end of the month. Midland Credit apologizes for any miscommunication. [redacted] notification was too near the payment run date for Midland credit to be able to stop the payment from being processed. Midland Credit advised [redacted] to contact his bank directly to stop the payment[redacted] would have been notified at the time he set the payment arrangement of the amount of time required for Midland Credit to stop payment
With that said, in keeping with its Consumer-First policy, Midland Credit will accept the monies [redacted] has paid toward the account to date as final resolution of the account[redacted] has no further financial obligation for this account. Midland Credit will update the credit reporting for the account as "Account paid in full, was a collection account," with an additional memo stating "Account paid in full for less than the full 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 follow-up letter inquiry dated June 30, 2014,
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all the relevant
account information in its previous letter response to your office dated June 5, 2014. In her follow-up, [redacted] continues
to express concern that Midland Credit is reporting inaccurately on her
consumer credit files. Please note that
Midland Credit’s position has not changed.
Again, Midland Credit does not report accounts as “120 days past due” to
the credit reporting agencies. Depending
on the current condition of a given account, Midland Credit will report that
account as either “Account assigned to internal or external collections,” “Account
Paid for less than the full amount,” or “Account paid in full, was a
collection account.”
Additionally,
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.
Midland Credit has been advised, and the standard in the industry is
that as a debt buyer, it should report accounts as: current status – collection
account; type of account – open; type of loan – factoring company account;
additional information – collection account.
Further, e-OSCAR, the online credit reporting system, provides the
following definition of a factoring company:
“Factoring Company - A company that purchases accounts with the intent
of collecting debts owed.” Midland
Credit has been advised by two credit reporting agencies that it should be
classified as a factoring company for credit reporting purposes.
A
review of Midland Credit’s business records indicates that it is accurately
reporting the above-referenced account to the credit reporting agencies.
Midland
Credit 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 our 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 July 30,
"">, regarding [redacted]' complaint, which Midland Credit Management, Inc(hereinafter "Midland Credit") received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]' phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts[redacted]' phone number has been marked "Do Not Call" in Midland Credit's computer system for all of the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]' phone number has been added to an exclusion list to prevent it from being called in the future
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at (800) 825-ext[redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted], Esq
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
"">Thank you for your letter inquiry dated July 14, 2014,
regarding [redacted] complaint,
which Midland Credit Management, Inc(hereinafter "Midland
Credit") received the same
day via E-mail.
Midland Credit appreciates the opportunity to answer your questions
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC
(hereinafter "Midland Funding"), on July 31, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated
on November 30, 2011, 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 July 9, 2013. The balance at the time of purchase was $385.47.
The
seller has indicated that the above-referenced account has two original account
numbers for identification purposes.
Both account numbers appear in the system. The last four digits of the additional
identifying account number are [redacted].
Midland Credit received representations and warranties from the seller
that the information provided is accurate
[redacted] expresses a concern that his validation requests have been
ignored. On August 21, 2013, 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, U.S.C§ et seq. ("FDCPA").
Please note that the letter was mailed to the same address listed within
[redacted]'s complaint via the United States Postal Service, and was not
returned as "undeliverable" – satisfying the requirements set forth within the FDCPA
Midland
Credit's business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. A review of Midland Credit's
business records indicate that it received the first written correspondence
requesting validation from [redacted] on May 13, 2014, which cannot be
considered timely
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within days of receiving the initial
validation letter, "the debt will be assumed to be valid by the debt
collector." 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
received [redacted]'s correspondence on May 13, 2014, as mentioned above. Although the request was not timely,
verification information provided by the seller was mailed to [redacted] in
response to his dispute. A copy of the verification information
provided by the seller is enclosed.
As
described in the complaint, [redacted] questions the alleged conduct of
certain Midland Credit employees. Please
note that the alleged conduct described by [redacted] was
investigated. Midland Credit has
determined that no violation of company policy occurred, and its
representatives acted appropriately pursuant to applicable lawThe
representative was unable to speak to [redacted] regarding the account
details as he had previously claimed to be speaking to his lawyerUpon
receiving the information that consumers may be represented by counsel,
representatives are not able to release information to the consumer
[redacted] also writes that he contacted Midland Credit and provided a case
number for the report filed with a police departmentMidland Credit stands
ready to assist [redacted] in clearing his record if he has been a victim
of identity theft or fraud, however, a copy of the actual police report filed
is neededMidland Credit respectfully requests that [redacted] provide it
with a copy of either a police report or an 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. [redacted] may forward appropriate
documentation to Consumer Support Services at the address on this letterhead
Until
it receives such documentation substantiating [redacted]'s claim, based on
the information available to it, Midland Credit must respectfully conclude that
it is accurately reporting the account to the three major credit reporting
agencies
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 our 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
March 24,
">
VIA E-Mail
[redacted]
Revdex.com of San Diego
Murphy Canyon, Ste
San Diego, CA
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]'s complaint, which Midland Credit Management, Inc("Midland Credit") received March 10, 2015. Midland Credit appreciates the opportunity to answer your questions
[redacted] expresses a concern that an inquiry has been placed on her credit report. Please note that Midland Funding, LLC purchases, and through its servicer, Midland Credit, collects on portfolios of charged-off accounts. In that light, it uses proprietary data as well as authorized consumer-credit information provided by [redacted] in the determination of the value of potential investments. Consumer-credit information is provided under Permissible Purposes of Consumer Reports, Section 604(a)(3)(E) of the Fair Credit Reporting Act (FCRA), ‘potential investment.'
A portfolio of accounts containing [redacted]'s name was reviewed, and data made available by [redacted] was used to make the determination of potential investment, in compliance with applicable law. The inquiry conducted is not related to the credit reporting of an outstanding debt. [redacted] displays this information in the "Inquiries Not Displayed to Anyone" section of [redacted]'s credit report
Midland Credit also received additional information from your office on March 23, 2015, regarding [redacted]'s complaint, in which she also expresses concern that Midland Credit has been calling her regarding a debt that does not belong to her. Based on the information provided within [redacted]'s complaint, Midland Credit's business records do not indicate that it is calling [redacted]'s phone number, [redacted].
However, if [redacted] is receiving calls at a different phone number or believes that Midland Credit is calling her, she is encouraged to contact Midland Credit's Consumer Support Services team at [redacted] so that it may further its investigation of her claim
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 M[redacted]
"TEXT-ALIGN: justify; MARGIN: 0in 0in 0pt" class="MsoNormal">
Thank you for your letter inquiry regarding [redacted]'s complaint, which Midland Credit Management, Inc("Midland Credit") received March 3, 2015. 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]. Midland Credit became the servicer of account no[redacted], on behalf of purchaser, Midland Funding, LLC ("Midland Funding"), on January 31, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 17, 2010, 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 1, 2011. The balance at the time of purchase was $498.44. Final payment on the account was received on May 10, 2012. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no[redacted], on behalf of purchaser, Midland Funding, on May 9, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 10, 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 August 12, 2011. The balance at the time of purchase was $
As indicated above, after [redacted] had resolved the balance for account no[redacted], Midland Funding subsequently purchased a separate account from [redacted] and assigned it to Midland Credit for servicing. It appears that attempts to collect on the second account may be the basis for his concerns
[redacted] also expresses a concern that Midland Credit representatives have contacted him excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit's business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law
If [redacted] is ready to resolve account no[redacted], [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
In the meantime, per [redacted]'s concerns about receiving calls and letters from Midland Credit, account no[redacted] 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]
Dear [redacted]
"">Thank you for your letter inquiry dated October 8, 2014,
regarding [redacted]'s complaint,
which Midland Credit Management, Inc("Midland Credit") received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions
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 14, 2012.
Information provided by the seller, [redacted], at the time of acquisition indicates this account
was originated on January 18, as a [redacted] account number ending in [redacted],
in the name of [redacted], under the last
four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 31, 2011. The balance at the time of purchase was $5,
While not the
only item of concern identified within [redacted]'s complaint, she claims
Midland Credit representatives contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in
place to ensure that its calls are being placed according to applicable
law. A review of Midland Credit's business records indicates that Midland
Credit did not call [redacted] more
often than is allowable pursuant to applicable law.
[redacted] also expresses concern that Midland Credit representatives requested
her to verify her Social Security Number.
It is Midland Credit's policy to verify the consumer's
information on each call to ensure it does not disclose personal information to
the wrong individual, as well as to protect the privacy of those with whom
Midland Credit conducts business
Aside
from the above, [redacted] indicates she was not aware that Midland was
attempting to collect on this debt prior to receiving a court notification. However, on June 2, 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, U.S.C§ et
seq. ("FDCPA"). The letter was mailed to the same address
listed within [redacted]'s complaint via the United States Postal Service,
and was not returned as "undeliverable" – satisfying the requirements set forth
within the FDCPA
Midland
Credit did not receive any correspondence disputing the debt or requesting
validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a
consumer provides a debt collector with notice of such a dispute within days
of receiving the initial validation letter, "the debt will be assumed to be
valid by the debt collector." 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
When
a resolution was not reached, on February 3, 2013, this account was referred to
Midland Credit's Internal Legal Collections Department ("Internal
Legal"). Their mailing address is PO Box 939033, San Diego, CA
Their phone number is [redacted] A
copy of the complaint has been forwarded to the firm. Suit
was filed on April 4, 2013, and judgment was subsequently awarded on September
13,
[redacted] also writes that she has sent
multiple notifications to Internal Legal.
Internal Legal advised that they
received correspondence from [redacted] on May 1, 2013, offering to pay
$per month on her account. In
response, a letter was sent to [redacted] requesting her to call Internal
Legal to set up a payment plan. On
September 19, 2013, they received correspondence stating that the consumer was
currently experiencing hardship, and offered to submit lowered payments. Another letter was sent to [redacted]
requesting that she call Internal Legal to set up a repayment plan
When a resolution could not be reached, on
January 8, 2014, an intent to garnish notice was sent to [redacted]. She subsequently returned the notice to Internal
Legal on January 29, 2014, along with a voluntary payment of $in an
attempt to avoid the garnishment. This
was not a satisfactory amount to avoid garnishment, and the garnishment was
filed on February 10, Further
review indicates that on April 9, 2014, an Internal Legal representative
attempted to call [redacted] in order to release the garnishment and
establish payment plan. Internal Legal could
not reach her, and she did not return the call.
Lastly, [redacted] writes that she is
experiencing hardship. During a
conversation with Internal Legal on September 25, 2014, she was advised that she
had to provide documentation supporting her hardship. The documentation was received on September
29, After review, Internal Legal
agreed to modify her garnishment, lowering it to $per month. The garnishment modification paper work was
mailed to her on October 3, 2014. A
copy is enclosed along with a copy of the judgment
Midland
Credit encourages [redacted] to continue to work with Internal Legal to
assist in reaching a positive resolution.
[redacted] may reach Internal Legal at their contact information
provided above
In
the meantime, per [redacted]'s request, the above-referenced account has
been marked "Direct Mail Only." While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit
representatives and all correspondence will be sent via the United States
Postal Service
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers' rights. Midland Credit
apologizes for the inconvenience caused to [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
August 22, 2014
class="MsoNormal">
[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 dated August 8, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on January 14, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 7, 2006 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on May 31, 2009. The balance at the time of purchase was $12,622.93.
[redacted] expresses concern that Midland Credit has not provided verification of debt and did not respond to his requests in a timely fashion. On January 21, 2011, Midland Credit mailed [redacted] a validation letter via the United States Postal Service to the same address listed within the complaint. However, the letter was returned as “undeliverable.” Midland Credit subsequently received a request for validation from [redacted] on June 28, 2011. A response to that letter was not sent due to administrative oversight.
Midland Credit thereafter mailed [redacted] another validation letter on July 13, 2011 via the United States Postal Service to [redacted]. This letter was not returned as “undeliverable.”
A copy of the verification information provided by the seller, which was previously mailed to [redacted] on June 27, 2014, is enclosed. With that said, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
March 30, 2016
Roman">
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] and [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 16, 2016. 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] for which 1099-MISCs were issued. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on September 30, 2008. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on July 8, 2002 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 27, 2008. The balance at the time of purchase was $505.63.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 15, 2010. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 21, 2005 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 30, 2008. The balance at the time of purchase was $1,044.72.
Account information is not being furnished to the credit reporting agencies for the above-referenced accounts. [redacted] has no further financial obligation for either account.
[redacted] indicates that he has contacted Midland Credit but has received no response. Please note that upon receipt of [redacted] email, Midland Credit representatives began investigating his concerns. However, due to the complexity of [redacted] issues the investigation required time. Additionally, Midland Credit was not advised by [redacted] that he was no longer represented by an attorney until shortly before it received the complaint through your office. Accordingly, Midland Credit was unable to communicate directly with [redacted]. Midland Credit apologizes that it was not able to respond in as timely a manner as it normally would.
[redacted] expresses concern with the amounts reflected on the 1099-MISCs which Midland Credit sent him. A review of Midland Credit’s business records indicates that [redacted] brought suit against it in 2014 for the above-referenced accounts. The suits were settled for a total of $13,000.00. The 1099-MISCs which [redacted] received reflect a total amount of $13,000.00. It appears that [redacted] believes that the 1099-MISCs should reflect the amount of money he actually received. [redacted] received a total of $5,000.00 out of the settlement amount. [redacted] attorneys received the remainder. However, the full amount of the settlement must be reported to the Internal Revenue Service (“IRS”), including any portion paid to [redacted] attorneys. The 1099 MISCs issued to [redacted] do reflect the correct amounts. Midland Credit is unable to report an amount other than what was actually paid.
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]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 9, 2016. 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]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 27, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 12, 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 April 8, 2015. The balance at the time of purchase was $931.46.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 4, 2016. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 30, 2014 as an [redacted]. general consumer loan account number [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 8, 2015. The balance at the time of purchase was $2,709.03.
[redacted] states that he cannot afford to pay the account balances because his only source of income is from Social Security Disability payments. Additionally, [redacted] requests that Midland Credit cease credit reporting for the above-referenced accounts due to his hardship. A review of Midland Credit’s business records indicates that a call was received from [redacted] on November 2, 2016, at which time he advised that Social Security Disability was his only source of income. During the call, a Midland Credit representative requested that [redacted] forward appropriate documentation in support of his claim to Midland Credit via fax so that his accounts could be updated accordingly. [redacted] agreed to provide the documents and also asked that in the meantime, Midland Credit refrain from calling or mailing letters regarding the accounts. The above-referenced accounts were marked “Cease and Desist” at that time.
On that same day, Midland Credit received an email from [redacted] wherein he attached a copy of the supporting documentation from the Social Security Administration. Midland Credit continues to be sensitive to [redacted]’ situation, and in keeping with the Forgiveness and Hardship Guidelines found in Article 3 of its Consumer Bill of Rights, has ceased collection activities.
Please note that Midland Credit has not furnished account information to the credit bureaus for account no. [redacted]. With regard to account no. [redacted], Midland Credit has notified the credit reporting agencies to cease reflecting the collection tradeline on [redacted]’ consumer credit files. A copy of this notification is enclosed for [redacted]’ records.
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]
Enclosed
Dear [redacted]
"TEXT-ALIGN: justify; MARGIN: 0in 0in 0pt" class="MsoNormal">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc("Midland Credit") received February 25, 2015. Midland Credit appreciates the opportunity to answer your questions
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to [redacted] During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account
Please note, Midland Credit had no information that it was contacting a wrong number for the consumer until a phone conversation on February 22, 2015, presumably with [redacted] At that time, [redacted] phone number, [redacted], was marked "Do Not Call" in Midland Credit's computer system for the referenced account. A review of Midland Credit's business records indicates no calls have been attempted to [redacted] phone number since February 22, 2015. He will continue to not receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number has been added to an exclusion list to prevent it from being called in the future regarding the referenced account
[redacted] also requests confirmation his credit has not been affected and a statement that he is not the victim of identity theft. Midland Credit has no knowledge of [redacted] being the victim of identity theft, and further review of its business records indicates Midland Credit has not associated the address provided in [redacted] complaint with the referenced account. Additionally, Midland Credit has not reported the account to the credit reporting agencies using his personal information. Should [redacted] have any further concerns, he may contact Midland Credit's Consumer Support Services team at [redacted]
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at [redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated March 18, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Please note that
Midland Credit provided all relevant account identifying information in its
previous letter response to your office, dated March 10, 2014. In his
follow-up, [redacted] expresses concern whether Midland Credit is accurately
reporting the above-referenced accounts to the credit reporting agencies.
While
Midland Credit is sensitive to [redacted] concern, Midland Credit does not
alter or modify any of the original account information provided by the seller,
such as the name of the consumer, the date of origination, or the date of
occurrence. Midland Credit reports the
information on the accounts it acquires based on the business records
maintained by the original lender/seller.
The open date listed on [redacted] credit report is in fact the date
of purchase by Midland Funding LLC. In
accordance with the Credit Reporting Resource Guide produced by the Consumer
Data Industry Association, the open date being reported on this account
reflects the “date that the account was purchased by the debt buyer or
placed/assigned to the third party collection agency.”
Additionally,
for purposes of credit reporting, Midland Credit has been advised, and the
standard in the industry is that debt buyers should report accounts as: current
status – collection account; type of account – open; type of loan – factoring
company account; additional information – collection account. The term “Open (Portfolio Type)” has the
following definition: “Accounts where the entire amount is due upon demand or
that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently
open, due and owing in one payment. Further, e-OSCAR, the online credit
reporting system, provides the following definition of a factoring
company: “Factoring Company - A company
that purchases accounts with the intent of collecting debts owed.” Midland Credit has been advised by two credit
reporting agencies that it should be classified as a factoring company for
credit reporting purposes.
Again,
[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.
A
review of Midland Credit’s business records indicates that the final payments
for each of the above-referenced accounts have been received. [redacted] has no further financial
obligation to the accounts. The credit
reporting agencies will be notified to update the accounts’ status to “Account paid in full, was a collection
account.”
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact our 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]
medium;">Thank you for your letter inquiry
regarding [redacted]’s complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
March 18, 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 August 8, 2013.
Information provided by the seller, [redacted], at the time
of acquisition indicates this account was originated on January 11, 2009, as a [redacted] account number ending in [redacted], in the
name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on November 11, 2011.
The balance at the time of purchase was $569.61.
As
described in the complaint, [redacted] questions the alleged conduct of certain
Midland Credit employees. Please note
that the alleged conduct described by him is being investigated. Midland Credit fully respects consumers’
rights and has established policies and procedures designed to protect those
rights. However, if, in spite of Midland
Credit’s best efforts to ensure professional and courteous communications at
all times, it is determined that a violation of company policy may have
occurred, the same will be addressed and dealt with in a prompt and appropriate
manner.
While
Midland Credit is pleased that it was able to assist [redacted] in reaching a
resolution which resolved the balance for the above-referenced account, it is
Midland Credit’s policy to report all accounts accurately. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account as “Account paid in full, was a collection
account.” If Midland Credit were to
delete the account, its correct and accurate status would not be reflected.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit apologizes
for the inconvenience caused to [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 December 3, 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 October 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 13, 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 March 10, 2009. The balance at the time of purchase was $5,616.00. Midland Credit has removed the interest and fees charged by the seller and its files now reflect the balance due as $2,656.32, which was the charge-off balance of the debt
[redacted] expresses concern that the above-referenced account is not his and was created erroneously under his name. Shortly after it acquired the above-referenced account, on October 26, 2013, Midland Credit sent [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"). U.S.C§ 1692.
Midland Credit first received correspondence from [redacted] requesting validation of the account on November 7, 2014. Upon receipt of [redacted]'s correspondence, Midland Credit acknowledged [redacted]'s dispute, annotated the account as disputed, and sent a letter on November 14, advising him his concerns were being investigated. Additionally, Midland Credit notified the credit reporting agencies to stop reporting the account while it conducted its investigation of the account.
Midland Credit has received verification information from the seller. A copy is enclosed for [redacted]'s records. Please note, although Midland Credit has made the business decision not to add its tradeline back to [redacted]'s consumer credit files, the account remains valid, due and owing to it
With that said, 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
However, if [redacted] is ready to settle the above-referenced debt, he 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 settle the account balance
In the meantime, per [redacted] previous request, the above-referenced account will remain marked "Direct Mail Only." While it remains due and owing, he will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service
Midland Credit considers consumer complaints a serious matter, and fully respects consumers' rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit's Consumer Support Services team at [redacted] should you have any further questions
Sincerely,
Midland Credit Management, Inc
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
Roman';">
Thank you for your letter inquiry dated March 26, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on October 14, 2013. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on August 20, 2008 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 23, 2009. The balance at the time of charge-off was $2,403.04. The balance at time of purchase was $4,068.44.
[redacted] expresses concern that his request for validation was ignored. A review of Midland Credit’s business records indicates that pursuant to its standard business practices, on October 26, 2013, Midland Credit mailed the initial validation letter to [redacted], advising him of the role of Midland Credit as the servicer of the account and providing him with the required disclosure of rights set forth in the Fair Debt Collection Practices Act (15 U.S.C. § 1692, hereinafter “FDCPA”). The letter was mailed to [redacted] at [redacted], via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
A review of Midland Credit’s business records indicates that it received the first request for validation from [redacted] on January 17, 2014. As [redacted] correspondence was received in a timely manner pursuant to applicable law specific to the account, Midland Credit acknowledged [redacted] dispute, ceased collection efforts, annotated the account as disputed, and began the process of verifying the debt. A letter notifying [redacted] of the same was mailed to him on January 31, 2014.
Midland Credit has since obtained verification information from the seller. A copy of the verification information 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 settle the above-referenced debt, he may qualify for a reduction in his account balance. When ready, [redacted] may call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance. Until then, the above-referenced account will be coded “Cease and Desist.” While it 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 our 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
I DONT HAVE A POLICE REPORT ETC...I JUST DID LIKE IN 2013 OR 2012 I DONT KNOW WHEN I REALALIZED THE AMOUNT IN QUESTION AND CARDS USED .WITH THE BRAIN INJURIES I SUBSTAINED I LOST A LOT OF MEMORY AND ALSO HAVE GREAT TROUBLE REMEMBERING SHORT TERM .I DONT KNOW HOW MUCH I USED THE CARD OR EVEN IF IT WAS A CARD OR A LINE OF CREDIT .I HAVE LITTLE TO NO MEMORY OF THE YEARS IN QUESTION , ALL I HAVE TO GO ON IS THE BILLS AND NEAR NOTHING TO SHOW FOR IT...I CAN NOT FILE A REPORT TO MY KNOWLEDGE WITHOUT KNOW WHO USED MY CREDIT , WHEN , WHERE ETC ETC .ALL I KNOW IS I HAD AN AUTO ACCIDENT,ENDED UP WITH BRAIN DAMAGES PERMINENT AS WELL AS OTHER ISSUES RESULTING FROM THE ACCIDENT .I COULD NOT WORK I STILL CAN NOT WORK ,I REMAIN ON DISABILTY AND WILL BE FOR THE REST OF MY LIFE ...I HAVE NO WAY OF REMEMBERING WHAT THIS INCIDENT IS ABOUT EXCEPT FROM READING BACK ON OUR EMAILS / MINE AND MIDLAND...I CAN NOT UNDER DOCTORS ORDERS CONDUCT ANY FINACIAL MATTERS ETC DUE TO MY DISABILITIES,ALL I KNOW IS I AM TRYING TO CLEAR UP THIS MESS AND DONT KNOW HOW TO GO ANY FURTHER ? I SENT PROOF , DOCTOR RECORDS FROM THE INCIDENT UP TO THE PRESENT AND THEY TURNED THEIR HEADS UP AT THAT AS WELL ....PLEASE ALL I AM ASKING IS FOR MIDLAND LOOK OVER ALL MY EMAILS,NOTES AND REMOVE THIS MESS OFF MY RECORDS ONCE AND FOR ALL ..................PLEASE RESPOND , I DONT KNOW IF THIS IS WHAT YOU REGUESTED OR NOT ?SORRY FOR THE CONFUSSIONS ON MY PART..
Dear [redacted]
margin: 0in 0in 0pt;" class="MsoNormal">
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
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 agree with the response from Midland for the following reason. Midland claims they have valid documents pertaining to the account. That may in fact be true, However; My dispute originates from their initial contact with me regarding this account back in 2013 in which I requested such documents. Now, It was at that time, they had NOT provided me with any documentation as required therefore, since they had not done so their claim was due to be dropped after 30 calendar days from my request for those documents. They never contacted me until Nov 2015 under a new name, and do not acknowledged the initial contact in Februaury 2013 because it would show default on their behalf and must close the case. I have the original letter I sent to request those document.
Regards,
[redacted]