Dear [redacted]
New Roman">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 31, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 2, 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 credit card account was charged-off as an unpaid delinquent-debt on July 19, 2013. The balance at the time of purchase was $684.40. Final payment on the account was received by Midland Credit on April 14, 2015. [redacted] has no further financial obligation for this account.
[redacted] writes that the above-referenced debt is in dispute and requests that the above-referenced account be deleted from his consumer credit files since the debt has been repaid. 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, that 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.
With respect to [redacted]’s claim that the debt is disputed, Midland Credit sent him a validation letter on August 21, 2013. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it has not received any written correspondence from [redacted] pursuant to the [redacted] Finance Code. However, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
A review of Midland Credit’s business records indicates that in a phone conversation with [redacted] on March 21, 2014, he disputed the debt as fraud. To date, Midland Credit has not received the requested documentation necessary to substantiate his claim. However, while [redacted] paid the account in full subsequent to this verbal dispute, if he still believes the debt to be the product of fraud, Midland Credit respectfully requests that he provide a copy of a police report showing that he reported the fraudulent activity. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Until such documentation has been received, based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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 am not satisfied with this resolution due to several facts. The first is that like millions of Americans I lost my house June 01, 2008; therefore, no mail sent to me in 2009 would have been received by me at all. I did not know about this debt on my credit report until 2011 when I was thinking about buying a house, which is why I called that company. I also stated and still state that I have no idea of who [redacted] is and never applied or signed my name to any application.
In 2007 I would never have applied for anything online from any company. I also state that when I called this company I asked for a copy of the application and was told there was none, and asked then how did they issue a card with no signature. They said they did not know, I then asked for what was brought and copies of statements and they did not provide any as they did not have any. I find it funny that two States not people have filed suites in court against this company for the same thing.
Stating that people did something online and therefore it must be true. I also state that there is another company on my credit report with the same debt, but has a different balance of what is owed. So how is that possible. I also state that in 2011 what was I suppose to file with the police, the only thing I could do is make a statement, but as far as I know not even the government is conducting any investigations into these matter unless the amount is large. Anyone can get someones name and address and even social security number and say anything. I have had two credit cards in my life both I had while in the military and has those from 1995 to 1997 and paid them off and destroyed those cards. This company keeps trying to make itself look clean but will not state that they never supplied me with any paperwork to prove any debt, if they are going to take debts from companies they need to have more than that companies say so, they need paperwork and official proof.
I have never disputed any other debt on my credit as they are all mine, but these two I have disputed since I found out about them. I also have another complaint against [redacted] which was [redacted] with the Revdex.com, that company is sending me an affidavit to sign and return concerning this debt not being mine. Even this response is condensending to me and I would think the government, as they still did not provide even the Revdex.com with paperwork showing I applied for a card or even used a card. Where this card was mailed. The last time I talked to this company their response was if I don't pay they are taking me to court, they were in so much of a hurry to take a settlement and even state this in this response.
However, I am one of the many Americans that are tired of getting ripped off by companies and work to hard for my money to give it away to anyone for something I never applied for, received or used. I don't know where any letter they sent went, to this day (and I have lived in my current house for almost 2 years) I get mail for the last tenenat and have on every letter sent it back to the Post Office with a Does not live here statement and still get that persons mail.
So that letter could have been thrown out by whoever brought that house. What I am asking for is what I think every person is due which is (1) a copy of the application that was signed by me for some credit card, (2) a copy of statements as to what was brought on this card as well as from what store and when and (3) copies of documents sent to me by this company other than they regular you owe this amount letter. I do hope that the Revdex.com sees through this company and others like it for what they are which is corrupt and looking to make money no matter what. If this was not true then there would not have been any suites by any State against them as their business would be operating legally. My situation is the same as both suites some non proved rubber fake stamp of my typed name and no other proof at all. I know this was a long response and do hope that someone there looks at this and really understands what this company is trying to do which is get money for something I never did.
What they need to do before they accept anything is first ask for copies of all documents associated with each case so they can see its a legally and true debt. What they are saying is that if they got the Presidents SSN and address they could send him a letter saying he owes money although they have no proof. I know today that we have electronically signed signatures, however, even those are coded and have to have a password associated with them so that people know that the actual person signed the document online. I know this having worked for the government and working for the government currently. If there is any further information needed please let me know and I will respond as soon as possible. But I state again that I have never applied for, received or used any credit card from any company or bank in the State of [redacted]
Regards,
[redacted]
Dear [redacted]
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Thank you for your letter inquiry dated November 5, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 30, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 1, 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 March 31, 2010. The balance at the time of purchase was $682.50.
[redacted] expresses a concern that his validation requests have been ignored. On January 17, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses concern that he never opened an account with Midland Credit. As indicated above, the account originated with [redacted]. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
[redacted] also questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
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 regarding the account and all correspondence will be sent via the United States Postal Service.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
1. After asking MCM two months ago to review my account, it was updated Sept 1, 2014 on my Experian Credit report to “Failed to Pay in Sept 2014”
I was told the account was paid in full to MCM in 2009 (Customer service rep: [redacted] told me this)? Now I am told, as of today, neither is correctly reported: (9/17/2014) [redacted] in the compliance Dept is telling me that is was not paid in full, it was a settlement paid for less than the balance, and she wants to change my credit report to reflect that…. Which of these three is correct? *Update: As of Spet. 19, 2014 she has listed this as a settlement. Facts keeps changing yet they offer me no proof.
2. I have asked [redacted] in Compliance at MCM for some information from the Original Creditor about this account because this all seems strange…[redacted] told me she does not have the information and will not be researching this. How did they ever validate this debt?
3. When I ask [redacted] about deleting the tradeline from my credit report after I have sent information about the FDIC order, she tells me this does not apply to me. When I try to call First Bank of Delaware, I am told to call the Litigation team for FBoD for more information on the liquidation of the company, who is the original creditor. That litigation phone number is a recording.
face="Times New Roman">A
review of Midland Credit’s business records indicates that [redacted] has
retained an attorney. Going forward, all communication about the matter should
be handled by his attorney. If [redacted] is no longer represented by an
attorney, please have him provide Midland Credit with written notice so it may
update its records and allow its representatives to communicate with him
directly.
Thank
you for your letter inquiry regarding [redacted] complaint, which Midland
Credit Management, Inc. (“Midland Credit”) received December 7, 2015. Midland Credit appreciates the opportunity to
answer your questions. [redacted] filed a
similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response
to the CFPB is enclosed.
An
investigation of this matter indicates that Midland Credit is the servicer of two
accounts belonging to [redacted]. Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on March 30, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June
4, 2013 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 8, 2015.
The balance at the time of purchase was $765.82. Final payment on the account was received by
Midland Credit on November 12, 2015. [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 April 21, 2015. Information
provided by the seller, [redacted], at the time of acquisition
indicates this account originated on June 12, 2013, 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 18, 2015. The balance at the time of purchase was
$936.93. Final payment on the account
was received by Midland Credit on November 26, 2015. [redacted] has no further financial obligation
for this account.
[redacted] expresses a concern that his requests for validation have been
ignored. Midland Credit mailed [redacted]
separate and unique validation letters – on April 15, 2015, for account number [redacted],
and on May 27, 2015, for account number [redacted]. These letters informed him
that Midland Funding had acquired the accounts, and of his rights pursuant to
the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letters were mailed to [redacted] at the same address
listed within his complaint, and were not returned as “undeliverable” by the
United States Postal Service, satisfying the notification requirements of the
FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debts or requesting validation from [redacted] in response to the
letters. A review of Midland Credit’s business records indicates that it
received the first correspondence requesting validation from [redacted] on or
about November 22, 2015 for account number [redacted] In
response, the appropriate letter was mailed on November 27, 2015. A copy of the verification information
provided by the seller for this account is enclosed for [redacted] records.
On
November 8, 2015 Midland Credit received the first notification of a possible
dispute through the credit reporting agencies for account number [redacted]. In response, verification information
provided by the seller was sent to [redacted] on November 18, 2015.
[redacted] also
states that the accounts are reporting differently to each credit reporting
bureau. Please note that 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. In regards to
account number [redacted], Midland is furnishing the following information, “Account
paid in full for less than the full balance.”
Additionally, for account number [redacted], Midland Credit sent a
request on December 9, 2015 to the three major credit reporting agencies that
it be removed from his credit files. Midland
Credit’s business records indicate that the account information it is
furnishing to the three major credit reporting agencies is accurate.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland Credit’s
Consumer Support Services team at [redacted] should you have any
further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
December 4, 2015
face="Times New Roman">
VIA E-Mail
*
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 20, 2010. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 31, 2002, as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 30, 2010. The balance at the time of purchase was $3,983.48. A review of Midland Credit’s business records indicates that on June 15, 2014, this account was assigned to [redacted]
A review of Midland Credit’s business records indicates that [redacted] has retained [redacted] [redacted] advised a letter was received on October 16, 2015 from [redacted] allowing [redacted] representatives to speak directly to [redacted]
[redacted] expresses a concern that he has made three attempts to have the dispute removed from his credit report. [redacted] advised that on September 24, 2015, [redacted] called the firm to state he was no longer disputing the debt. The firm advised [redacted] that because he is represented by an attorney, communication must go through his attorney. [redacted] further advised that a call was received from [redacted] on October 22, 2015, after [redacted] letter allowing direct communication with [redacted], in which [redacted] offered to resolve the account for $1,000.00 and requested the account be removed from his credit report. Please note that Midland Credit furnishes account information to the credit reporting agencies and, accordingly, the [redacted] representative advised [redacted] that the firm does not report to the credit reporting agencies.
With that said, a review of Midland Credit’s business records indicates that on November 13, 2015, it received a fax from [redacted] requesting the disputed status of his account be removed. Upon receipt of the fax, Midland Credit appropriately updated its records to reflect that the account is no longer disputed and an update was sent to the three major credit reporting agencies on November 19, 2015. Per [redacted] concerns, another update has been sent to the credit reporting agencies. Copies of the Universal Data Form for both updates are enclosed for [redacted] records. The XR code in the account information section is the code which tells the credit reporting agencies that the previous dispute should be removed. Please note, it may take 30-60 days for the status of the account to be reflected with the credit reporting agencies.
Midland Credit encourages [redacted] or his attorney to work with [redacted] to assist in reaching a positive resolution. [redacted] or his attorney may reach [redacted]. Their phone number is [redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 30, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 30, 2015.
As stated in its previous response, the address at which the referenced letters were received was not included in the complaint filed through your office. However, copies of the letters sent to the most recent address that Midland Credit has on file for [redacted] are enclosed. The referenced address remains marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Additionally, this 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
class="MsoNormal">
Thank you for your letter inquiry dated August 18, 2014, regarding Mr. [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.
Mr. [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 April 23, 2013. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on December 28, 2008 as a T-Mobile cellular account number ending in 1201, in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 27, 2012. The charge-off balance was $1,444.23. Additional seller fees of $358.17 resulted in a balance at the time of purchase by Midland Funding of $1,802.40.
Mr. [redacted] writes that Midland Credit has not provided validation of the debt and requests that Midland Credit remove its tradeline from his consumer credit files. Midland Credit sent Mr. [redacted] a validation letter on December 4, 2013. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence from Mr. [redacted] in response to that letter or pursuant to the Texas Finance Code. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been notified to delete all reference to the account in question from Mr. [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland Credit Management (Midland Credit) claims that
account [redacted] has a balance of $1,940.41. However, Midland Credit has been
reporting a balance of $1,994.00 to the credit reporting bureaus. Midland
Credit claims that additional interest may have been assessed by the original
creditor on this account. Midland Credit should have documentation showing the
breakdown of the charges on this account, especially since [redacted] was
the original creditor on this account. The Consumer Financial Protection Bureau
([redacted]) filed a Consent Order on July 8, 2015 against [redacted] illegal debt
selling practices (File No. 2015-[redacted]-0013). In that order, the [redacted] orders
that the debt buyer (Midland Credit) receive “the
unpaid balance due on the Account, with a breakdown of the post-Charge-Off balance, interest,
and fees;” Midland Credit SHOULD know if
there were any fees or interest charged by the original creditor. Additionally,
Midland Credit should have “copies of the last eighteen (18) monthly Account
statements.”
I
still affirm that the balances of these alleged accounts are inaccurate and
therefore in violation of the Fair Debt Collection Practices Act (FDCPA). I
have previously provided information confirming this. Midland Credit claims that
“… the balances are higher than the amounts for which Midland Credit
purchased the accounts. Please note that the accounts were purchased from their
respective sellers with all rights. Interest charged by the original creditor
is allowable by law. Likewise, any interest added by Midland Credit is
permissible and was provided for in the contract with the original creditor
when the account was purchased. This information would also normally be
included in the paperwork the consumer receives when the account is initially
opened.” Midland Credit has never mentioned until now that any interest or fees
were assessed on these alleged accounts. I have not received any documentation such as an agreement
from Midland Credit nor from the original creditor showing that Midland Credit
is allowed to charge interest. As per FDCPA (15 USC 1692f), Midland Credit is
not authorized to collect interest unless “…such amount is expressly
authorized by the agreement creating the debt or permitted by law.” I request that Midland
Credit provide a contract from the original creditor stating that Midland
Credit is authorized to collect interest on these alleged accounts. Additionally,
I request that Midland Credit show how much interest or fees have been
assessed and at what rate.
In
regards to account [redacted], the statement that the balance was at one
point $3,600.00 was made by Midland Credit’s representative [redacted] at
extension [redacted] as provided by [redacted]. According to my records, the
conversation in which this statement was made occurred on Monday, October 05,
2015 at approximately 1:13p.m. CST. I encourage Midland Credit to investigate
this statement further as I have provided the details which Midland Credit
requested. It is very clear that Midland Credit is in violation of the Fair
Credit Reporting Act (FCRA) and the FDCPA with this account. Midland Credit
repeatedly denies this but the information is clear and simple: I wrote Midland
Credit asking for debt validation, Midland Credit replied claiming they had proper
verification documentation, then Midland Credit states that “…Midland Credit is
taking additional steps to obtain verification documentation from the seller
for Mr. [redacted].” and “Information for account no. [redacted] will not be
furnished to the three major credit reporting agencies until Midland Credit is
able to provide [redacted] with verification documentation.” It is clear and
simple that Midland Credit is in violation by providing correspondence stating
they had verification documentation when in fact they did not.
As per
evidence presented above, Midland Credit has violated the FDCPA and the FCRA. I
request all references to these accounts be deleted from my credit reports and
completely removed from my credit file.
Regards,
[redacted]
Dear Ms. [redacted]:
0in 0pt" class="MsoNormal">
Thank you for your letter inquiry dated November 19, 2014, regarding Mrs. [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 is the servicer of an account belonging to another consumer. During a search for the correct consumer, Mrs. [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Midland Credit had no information that it was contacting a wrong number for the consumer until it was advised during a call on November 18, 2014, at which time Mrs. [redacted]’s phone number was marked “Wrong Number” in Midland Credit’s computer system for the account. Since then, the phone number has not been dialed.
You will continue to not receive calls from Midland Credit representatives regarding the account. Additionally, your phone number, ###-###-#### has been added to an exclusion list to prevent it from being called in the future regarding the account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mrs. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ###-###-#### should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
I had two accounts that went to collections, I set up payments for both accounts to be collected electronically at the end of each month. The payments was coming out fine, than at the end of July one of the two payments didn't go through. So I contacted the agency to set up a new plan for the one account, I set up the plan again along with the other account already being collected on. On Oct 6, 2016 the same problem has occurred, I called and was informed that the payment was declined because of a problem on their part. They informed me that they cannot collect on two electronic payments on the same date, even though they had me to do this at the time the first payment didn't go through on the end of July. I asked why wasn't I informed of this when I set up the same date as the other payment, and all I was told is that the person I talked to didn't understand and was probably trained wrong. I feel they are trying to prolong my payments to collected on any monthly payments they received from the company paying them to collect, otherwise why on some months they go through together. Saying they are changing their systems and can no longer do two payments on the same date. Causing me to go into next year with this debt. All I want is to pay off my debts, and you have companies that have bad business practices trying to delay your payments as long as possible.
Dear [redacted]:
Roman';">
Thank you for your letter inquiry dated March 25, 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 August 28, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 30, 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 July 13, 2010. The balance at the time of charge-off was $654.38.
[redacted] expresses a concern that he does not owe the above-referenced debt. A review of Midland Credit’s business records indicates that after Midland Funding acquired the above-referenced account, on September 3, 2012, Midland Credit mailed [redacted] its initial validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] 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 correspondence disputing the credit reporting of the account from [redacted] on March 20, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A copy of the verification information provided by the seller is enclosed for [redacted] records. A review of Midland Credit’s business records indicates that it is accurately reporting the account to the credit reporting agencies.
When [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Until then, per [redacted] previous request, the above-referenced account will remain coded as “Do Not Call, Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives regarding the above-referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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
Dear Ms. [redacted]:
Thank you for your follow-up letter inquiry dated April 30, 2014, regarding Ms. [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. Please note that the original response was provided by and any subsequent correspondence should continue to be addressed to [redacted], Esq.
Midland Credit provided all the relevant account information in its previous letter response to your office dated April 7, 2014.
In Ms. [redacted]’s original complaint she questioned the alleged conduct of certain Midland Credit employees. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable law. The employee in question was not rude and did not use profanity as described by Ms. [redacted]. Additionally, although Ms. [redacted] writes that she did not tell Midland Credit representatives that she had an attorney, the investigation results found that Ms. [redacted] told the employee that her attorney would call Midland Credit. Ms. [redacted]’s account has been updated to reflect that she states she is not being represented by an attorney.
Regarding Ms. [redacted]’s allegation that the employee told her that Midland Credit would put the account back on her credit after it had been deleted by [redacted], it appears that Ms. [redacted] may have misunderstood the information she was provided. If [redacted] made a decision to delete Midland Credit’s tradeline from consumer credit files it does not necessarily affect the validity of the debt. In Ms. [redacted]’s case, the account remains due and owing to Midland Credit. While it will not be reported again by [redacted], the account will continue to be reported to Equifax and Experian.
Ms. [redacted] expresses a concern that the relationship between Midland Credit and Midland Funding LLC (hereinafter “Midland Funding”) has not been explained to her. The relationship between Midland Credit and Midland Funding was explained in the response to Ms. [redacted]’s original complaint: Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding.
Ms. [redacted] states she wants an explanation of how the balance of the debt increased from over $6,000.00 to over $10,000.00. Information from the seller indicates that the account was charged off with a balance of $6,960.73. After charge off and prior to the account being sold to Midland Funding, the original creditor continued to add interest. The balance at time of purchase of $11,043.64 is the charge off balance plus interest added by the original creditor.
Ms. [redacted] expresses a concern that, contrary to Midland Credit’s previous response, she did dispute the debt prior to filing the complaint through your office. As explained in the previous response; Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. In fact, no correspondence was received from Ms. [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).)
With that said, the above-referenced account remains marked “Cease and Desist.” While it remains due and owing, Ms. [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 Ms. [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs and Compliance
*Admitted in Minnesota, North Dakota, South Dakota and Wisconsin, Not Admitted in California
JNB: [redacted]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015.
[redacted] states that she will only pay off $300.00, which she claims was her total credit limit. While the credit limit may set the maximum amount of credit given to a consumer, additional interest and fees charged by the original creditor are allowable by law. Accordingly, Midland Credit must respectfully conclude that based on the information provided by the seller, the outstanding balance of $616.97 remains valid.
With that said, Midland Credit will accept [redacted]’s offer to make twelve (12) monthly payments of $25.00 for a total payment of $300.00 to resolve the balance. At that point, Midland Credit will consider the debt resolved. Please have [redacted] contact Account Manager [redacted] at [redacted] to set up this payment plan.
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 April 26, 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 November 27, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 5, 2013, 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 13, 2013. The balance at the time of purchase was $319.42. Final payment on the account was received by Midland Credit on January 30, 2016. [redacted] has no further financial obligation for this account.
On September 19, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
[redacted] states he mailed a letter to Midland Credit on February 24, 2016, requesting validation for the above-referenced account. However, Midland Credit’s business records indicate that it did not receive any direct correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office.
A review of Midland Credit’s business records indicates that it began receiving notices of possible dispute from the credit reporting agencies on or about April 5, 2016. On April 25, 2016, Midland Credit mailed [redacted] a letter advising him he continued to have no further obligation for the account as it had been paid, and enclosed the verification information provided by the seller in response. A copy of the verification information provided by the seller is again enclosed for his records.
[redacted] expresses a desire to have the above-referenced account deleted from his consumer credit files since the debt has been repaid. 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, please note that it is Midland Credit’s policy to furnish accurate account information. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
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.
These charges have been disputed (and not responded to) with all 3 credit reporting bureaus. In fact, [redacted] has been disputed numerous times and each time, they simply sell the account in question to another lender. The Midland Funding account did NOT show up on my credit reports until it was under dispute and investigations with the credit bureaus - which is against the fair reporting act.
I am 100% NOT FAMILIAR with this account, and in 2008/2009 when this account was supposedly opened I did not even have the last name of [redacted] (legally nor was I known by it).
Midland funding has been disputed on my credit reports, has not responded and [redacted] refuses to provide me with any information yet continues to sell this account to multiple credit agencies and also refuses to respond to my complaints and disputes in this matter.
What was the address this supposed letter in 2010 was sent to? I have had 4 addresses in the last 7 years and out of curiosity would like to see where this supposed communication was sent, especially because my credit report and dates listed there completely contradict your companies claims on your response.
Regards,
[redacted]
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 10, 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 September 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 14, 2007, 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 December 4, 2011. The balance at the time of purchase was $1,136.20. Final payment on the account was received on January 28, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that a Midland Credit representative agreed to remove the account from her consumer credit files upon paying off the debt. Midland Credit’s business records indicate that the first time [redacted] requested that Midland Credit remove its tradeline from her consumer credit files was after she paid the account in a phone call which transpired on June 25, 2014. The representative appropriately advised [redacted] at the time that Midland Credit could not honor such a request.
While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which settled the balance for the above-referenced account, it is Midland Credit’s policy to report all accounts accurately. Midland Credit 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]
Dear [redacted]:
11pt">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Office of the Attorney General, State of California (“AG”) and Consumer Financial Protection Bureau (“CFPB”). Copies of Midland Credit’s responses to the AG and CFPB are 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 March 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 7, 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 April 3, 2009. The balance at the time of purchase was $265.59.
[redacted] expresses a concern that Midland Credit has not verified the debt. On April 8, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on June 15, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
With that said, upon receipt of [redacted] letter in June 2015, Midland credit responded by mailing verification documentation provided by the seller to her on or about June 19, 2015. Another copy of the verification documentation is enclosed. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] also writes that this is not her account. Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his/her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Until such documentation is received, Midland Credit must respectfully conclude that the debt remains valid, due and owing, and that it is accurately furnishing information for the account to the three major credit reporting agencies. If [redacted] now believes that the account is hers and is ready to resolve the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Ms. [redacted]
Revdex.com
of San Diego
5050
Murphy Canyon, Ste. 110
San
Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry
regarding Mr. [redacted]’ complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 11, 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 October 24, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on October 25, 2008 as a [redacted] credit card account number ending in [redacted],
in the name of [redacted], under the last
four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 27, 2011. The balance at the time of purchase was $1,571.18. Final payment
on the account was received by Midland Credit on June 11,
2015. Mr. [redacted] has
no further financial obligation for this account.
Mr.
[redacted] expresses a concern that his requests for validation have been
ignored. On October 31, 2011, Midland
Credit mailed Mr. [redacted] a validation letter.
Please note that the letter was mailed to Mr. [redacted] via the United
States Postal Service. The letter was
not returned as “undeliverable,” satisfying the notification requirements of
the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the
required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate
that it did not receive any correspondence disputing the debt or requesting
validation from Mr. [redacted] in response to the letter. In fact, no
correspondence was received directly from Mr. [redacted] prior to the complaint
filed through your office.
A review of Midland Credit’s business records
indicates that on January 15, 2012, this account was placed with [redacted]. [redacted]
indicates that an initial letter was sent to you on or about January 19,
2012. The firm states they did not
receive a response to the notice, and as such suit was filed on March 1, 2012,
service was completed on March 7, 2012, and a judgment was entered on April 30,
2012. A copy of the judgment is enclosed
for Mr. [redacted]’ records. [redacted] and
[redacted] also indicate that they did not receive any communication from Mr.
[redacted] disputing the debt or requesting validation.
Mr.
[redacted] expresses a concern that the account is reporting incorrectly with a
balance, and that the judgment is appearing as open rather than paid. A review of Midland Credit’s business records
indicates that it is accurately furnishing information for the above-referenced
account to the credit bureaus as “Account
paid in full, was a collection account.”
Additionally, please note that judgments are not reported by Midland
Funding LLC. Rather judgments are
reported by the credit reporting agencies as a matter of public record. Mr. [redacted] is encouraged to communicate
directly with the credit bureaus regarding information appearing on his credit
report. He may also contact the public
records office should he have any further concerns about how the judgment is
being reported.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
I faxed over the official release form that was sent to me from the Revdex.com yesterday, by email, in regards to my complaint with the Midland...
Credit LLC. , I sent the fax this morning, 9/19/2014 @9:03 a.m., If your office could please let me know that the fax was indeed received I'd appreciate it. Thank you!
Dear [redacted]
New Roman">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 31, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 2, 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 credit card account was charged-off as an unpaid delinquent-debt on July 19, 2013. The balance at the time of purchase was $684.40. Final payment on the account was received by Midland Credit on April 14, 2015. [redacted] has no further financial obligation for this account.
[redacted] writes that the above-referenced debt is in dispute and requests that the above-referenced account be deleted from his consumer credit files since the debt has been repaid. 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, that 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.
With respect to [redacted]’s claim that the debt is disputed, Midland Credit sent him a validation letter on August 21, 2013. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
Midland Credit’s business records indicate that it has not received any written correspondence from [redacted] pursuant to the [redacted] Finance Code. However, a copy of the verification information provided by the seller is enclosed for [redacted]’s records.
A review of Midland Credit’s business records indicates that in a phone conversation with [redacted] on March 21, 2014, he disputed the debt as fraud. To date, Midland Credit has not received the requested documentation necessary to substantiate his claim. However, while [redacted] paid the account in full subsequent to this verbal dispute, if he still believes the debt to be the product of fraud, Midland Credit respectfully requests that he provide a copy of a police report showing that he reported the fraudulent activity. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
Until such documentation has been received, based on the information provided by the seller, Midland Credit has determined that its credit file and credit reporting of the above-referenced account is accurate.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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 am not satisfied with this resolution due to several facts. The first is that like millions of Americans I lost my house June 01, 2008; therefore, no mail sent to me in 2009 would have been received by me at all. I did not know about this debt on my credit report until 2011 when I was thinking about buying a house, which is why I called that company. I also stated and still state that I have no idea of who [redacted] is and never applied or signed my name to any application.
In 2007 I would never have applied for anything online from any company. I also state that when I called this company I asked for a copy of the application and was told there was none, and asked then how did they issue a card with no signature. They said they did not know, I then asked for what was brought and copies of statements and they did not provide any as they did not have any. I find it funny that two States not people have filed suites in court against this company for the same thing.
Stating that people did something online and therefore it must be true. I also state that there is another company on my credit report with the same debt, but has a different balance of what is owed. So how is that possible. I also state that in 2011 what was I suppose to file with the police, the only thing I could do is make a statement, but as far as I know not even the government is conducting any investigations into these matter unless the amount is large. Anyone can get someones name and address and even social security number and say anything. I have had two credit cards in my life both I had while in the military and has those from 1995 to 1997 and paid them off and destroyed those cards. This company keeps trying to make itself look clean but will not state that they never supplied me with any paperwork to prove any debt, if they are going to take debts from companies they need to have more than that companies say so, they need paperwork and official proof.
I have never disputed any other debt on my credit as they are all mine, but these two I have disputed since I found out about them. I also have another complaint against [redacted] which was [redacted] with the Revdex.com, that company is sending me an affidavit to sign and return concerning this debt not being mine. Even this response is condensending to me and I would think the government, as they still did not provide even the Revdex.com with paperwork showing I applied for a card or even used a card. Where this card was mailed. The last time I talked to this company their response was if I don't pay they are taking me to court, they were in so much of a hurry to take a settlement and even state this in this response.
However, I am one of the many Americans that are tired of getting ripped off by companies and work to hard for my money to give it away to anyone for something I never applied for, received or used. I don't know where any letter they sent went, to this day (and I have lived in my current house for almost 2 years) I get mail for the last tenenat and have on every letter sent it back to the Post Office with a Does not live here statement and still get that persons mail.
So that letter could have been thrown out by whoever brought that house. What I am asking for is what I think every person is due which is (1) a copy of the application that was signed by me for some credit card, (2) a copy of statements as to what was brought on this card as well as from what store and when and (3) copies of documents sent to me by this company other than they regular you owe this amount letter. I do hope that the Revdex.com sees through this company and others like it for what they are which is corrupt and looking to make money no matter what. If this was not true then there would not have been any suites by any State against them as their business would be operating legally. My situation is the same as both suites some non proved rubber fake stamp of my typed name and no other proof at all. I know this was a long response and do hope that someone there looks at this and really understands what this company is trying to do which is get money for something I never did.
What they need to do before they accept anything is first ask for copies of all documents associated with each case so they can see its a legally and true debt. What they are saying is that if they got the Presidents SSN and address they could send him a letter saying he owes money although they have no proof. I know today that we have electronically signed signatures, however, even those are coded and have to have a password associated with them so that people know that the actual person signed the document online. I know this having worked for the government and working for the government currently. If there is any further information needed please let me know and I will respond as soon as possible. But I state again that I have never applied for, received or used any credit card from any company or bank in the State of [redacted]
Regards,
[redacted]
Dear [redacted]
face="Times New Roman">
Thank you for your letter inquiry dated November 5, 2014, regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 30, 2011. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 1, 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 March 31, 2010. The balance at the time of purchase was $682.50.
[redacted] expresses a concern that his validation requests have been ignored. On January 17, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within his complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses concern that he never opened an account with Midland Credit. As indicated above, the account originated with [redacted]. Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. The underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account. The above-referenced account remains collectible, due and owing to Midland Credit.
[redacted] also questions whether Midland Credit is able to assess interest and fees to the above-referenced account. Please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. This information would also normally be included in the paperwork the consumer receives when the account is initially opened.
A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced account to the three major credit reporting agencies. If [redacted] is ready to settle the above-referenced debt, [redacted] may qualify for a reduction in his account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both beneficial to him, as well as settle the account balance.
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 regarding the account and all correspondence will be sent via the United States Postal Service.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
1. After asking MCM two months ago to review my account, it was updated Sept 1, 2014 on my Experian Credit report to “Failed to Pay in Sept 2014”
I was told the account was paid in full to MCM in 2009 (Customer service rep: [redacted] told me this)? Now I am told, as of today, neither is correctly reported: (9/17/2014) [redacted] in the compliance Dept is telling me that is was not paid in full, it was a settlement paid for less than the balance, and she wants to change my credit report to reflect that…. Which of these three is correct? *Update: As of Spet. 19, 2014 she has listed this as a settlement. Facts keeps changing yet they offer me no proof.
2. I have asked [redacted] in Compliance at MCM for some information from the Original Creditor about this account because this all seems strange…[redacted] told me she does not have the information and will not be researching this. How did they ever validate this debt?
3. When I ask [redacted] about deleting the tradeline from my credit report after I have sent information about the FDIC order, she tells me this does not apply to me. When I try to call First Bank of Delaware, I am told to call the Litigation team for FBoD for more information on the liquidation of the company, who is the original creditor. That litigation phone number is a recording.
Dear [redacted]
face="Times New Roman">A
review of Midland Credit’s business records indicates that [redacted] has
retained an attorney. Going forward, all communication about the matter should
be handled by his attorney. If [redacted] is no longer represented by an
attorney, please have him provide Midland Credit with written notice so it may
update its records and allow its representatives to communicate with him
directly.
Thank
you for your letter inquiry regarding [redacted] complaint, which Midland
Credit Management, Inc. (“Midland Credit”) received December 7, 2015. Midland Credit appreciates the opportunity to
answer your questions. [redacted] filed a
similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response
to the CFPB is enclosed.
An
investigation of this matter indicates that Midland Credit is the servicer of two
accounts belonging to [redacted]. Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on March 30, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June
4, 2013 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 8, 2015.
The balance at the time of purchase was $765.82. Final payment on the account was received by
Midland Credit on November 12, 2015. [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 April 21, 2015. Information
provided by the seller, [redacted], at the time of acquisition
indicates this account originated on June 12, 2013, 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 18, 2015. The balance at the time of purchase was
$936.93. Final payment on the account
was received by Midland Credit on November 26, 2015. [redacted] has no further financial obligation
for this account.
[redacted] expresses a concern that his requests for validation have been
ignored. Midland Credit mailed [redacted]
separate and unique validation letters – on April 15, 2015, for account number [redacted],
and on May 27, 2015, for account number [redacted]. These letters informed him
that Midland Funding had acquired the accounts, and of his rights pursuant to
the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letters were mailed to [redacted] at the same address
listed within his complaint, and were not returned as “undeliverable” by the
United States Postal Service, satisfying the notification requirements of the
FDCPA. 15 U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debts or requesting validation from [redacted] in response to the
letters. A review of Midland Credit’s business records indicates that it
received the first correspondence requesting validation from [redacted] on or
about November 22, 2015 for account number [redacted] In
response, the appropriate letter was mailed on November 27, 2015. A copy of the verification information
provided by the seller for this account is enclosed for [redacted] records.
On
November 8, 2015 Midland Credit received the first notification of a possible
dispute through the credit reporting agencies for account number [redacted]. In response, verification information
provided by the seller was sent to [redacted] on November 18, 2015.
[redacted] also
states that the accounts are reporting differently to each credit reporting
bureau. Please note that 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. In regards to
account number [redacted], Midland is furnishing the following information, “Account
paid in full for less than the full balance.”
Additionally, for account number [redacted], Midland Credit sent a
request on December 9, 2015 to the three major credit reporting agencies that
it be removed from his credit files. Midland
Credit’s business records indicate that the account information it is
furnishing to the three major credit reporting agencies is accurate.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland Credit’s
Consumer Support Services team at [redacted] should you have any
further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
December 4, 2015
face="Times New Roman">
VIA E-Mail
*
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted] [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 20, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 20, 2010. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on May 31, 2002, as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 30, 2010. The balance at the time of purchase was $3,983.48. A review of Midland Credit’s business records indicates that on June 15, 2014, this account was assigned to [redacted]
A review of Midland Credit’s business records indicates that [redacted] has retained [redacted] [redacted] advised a letter was received on October 16, 2015 from [redacted] allowing [redacted] representatives to speak directly to [redacted]
[redacted] expresses a concern that he has made three attempts to have the dispute removed from his credit report. [redacted] advised that on September 24, 2015, [redacted] called the firm to state he was no longer disputing the debt. The firm advised [redacted] that because he is represented by an attorney, communication must go through his attorney. [redacted] further advised that a call was received from [redacted] on October 22, 2015, after [redacted] letter allowing direct communication with [redacted], in which [redacted] offered to resolve the account for $1,000.00 and requested the account be removed from his credit report. Please note that Midland Credit furnishes account information to the credit reporting agencies and, accordingly, the [redacted] representative advised [redacted] that the firm does not report to the credit reporting agencies.
With that said, a review of Midland Credit’s business records indicates that on November 13, 2015, it received a fax from [redacted] requesting the disputed status of his account be removed. Upon receipt of the fax, Midland Credit appropriately updated its records to reflect that the account is no longer disputed and an update was sent to the three major credit reporting agencies on November 19, 2015. Per [redacted] concerns, another update has been sent to the credit reporting agencies. Copies of the Universal Data Form for both updates are enclosed for [redacted] records. The XR code in the account information section is the code which tells the credit reporting agencies that the previous dispute should be removed. Please note, it may take 30-60 days for the status of the account to be reflected with the credit reporting agencies.
Midland Credit encourages [redacted] or his attorney to work with [redacted] to assist in reaching a positive resolution. [redacted] or his attorney may reach [redacted]. Their phone number is [redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
May 12, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 30, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated April 30, 2015.
As stated in its previous response, the address at which the referenced letters were received was not included in the complaint filed through your office. However, copies of the letters sent to the most recent address that Midland Credit has on file for [redacted] are enclosed. The referenced address remains marked “Do Not Mail” in Midland Credit’s computer system for the referenced account. Additionally, this 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
class="MsoNormal">
Thank you for your letter inquiry dated August 18, 2014, regarding Mr. [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.
Mr. [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 April 23, 2013. Information provided by the seller, T-Mobile PCS Holdings LLC, at the time of acquisition indicates this account was originated on December 28, 2008 as a T-Mobile cellular account number ending in 1201, in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 27, 2012. The charge-off balance was $1,444.23. Additional seller fees of $358.17 resulted in a balance at the time of purchase by Midland Funding of $1,802.40.
Mr. [redacted] writes that Midland Credit has not provided validation of the debt and requests that Midland Credit remove its tradeline from his consumer credit files. Midland Credit sent Mr. [redacted] a validation letter on December 4, 2013. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was not returned as “undeliverable” by the United States Postal Service – thus the notification requirements of the FDCPA were satisfied. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence from Mr. [redacted] in response to that letter or pursuant to the Texas Finance Code. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debt.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies have been notified to delete all reference to the account in question from Mr. [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], Esq.
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland Credit Management (Midland Credit) claims that
account [redacted] has a balance of $1,940.41. However, Midland Credit has been
reporting a balance of $1,994.00 to the credit reporting bureaus. Midland
Credit claims that additional interest may have been assessed by the original
creditor on this account. Midland Credit should have documentation showing the
breakdown of the charges on this account, especially since [redacted] was
the original creditor on this account. The Consumer Financial Protection Bureau
([redacted]) filed a Consent Order on July 8, 2015 against [redacted] illegal debt
selling practices (File No. 2015-[redacted]-0013). In that order, the [redacted] orders
that the debt buyer (Midland Credit) receive “the
unpaid balance due on the Account, with a breakdown of the post-Charge-Off balance, interest,
and fees;” Midland Credit SHOULD know if
there were any fees or interest charged by the original creditor. Additionally,
Midland Credit should have “copies of the last eighteen (18) monthly Account
statements.”
I
still affirm that the balances of these alleged accounts are inaccurate and
therefore in violation of the Fair Debt Collection Practices Act (FDCPA). I
have previously provided information confirming this. Midland Credit claims that
“… the balances are higher than the amounts for which Midland Credit
purchased the accounts. Please note that the accounts were purchased from their
respective sellers with all rights. Interest charged by the original creditor
is allowable by law. Likewise, any interest added by Midland Credit is
permissible and was provided for in the contract with the original creditor
when the account was purchased. This information would also normally be
included in the paperwork the consumer receives when the account is initially
opened.” Midland Credit has never mentioned until now that any interest or fees
were assessed on these alleged accounts. I have not received any documentation such as an agreement
from Midland Credit nor from the original creditor showing that Midland Credit
is allowed to charge interest. As per FDCPA (15 USC 1692f), Midland Credit is
not authorized to collect interest unless “…such amount is expressly
authorized by the agreement creating the debt or permitted by law.” I request that Midland
Credit provide a contract from the original creditor stating that Midland
Credit is authorized to collect interest on these alleged accounts. Additionally,
I request that Midland Credit show how much interest or fees have been
assessed and at what rate.
In
regards to account [redacted], the statement that the balance was at one
point $3,600.00 was made by Midland Credit’s representative [redacted] at
extension [redacted] as provided by [redacted]. According to my records, the
conversation in which this statement was made occurred on Monday, October 05,
2015 at approximately 1:13p.m. CST. I encourage Midland Credit to investigate
this statement further as I have provided the details which Midland Credit
requested. It is very clear that Midland Credit is in violation of the Fair
Credit Reporting Act (FCRA) and the FDCPA with this account. Midland Credit
repeatedly denies this but the information is clear and simple: I wrote Midland
Credit asking for debt validation, Midland Credit replied claiming they had proper
verification documentation, then Midland Credit states that “…Midland Credit is
taking additional steps to obtain verification documentation from the seller
for Mr. [redacted].” and “Information for account no. [redacted] will not be
furnished to the three major credit reporting agencies until Midland Credit is
able to provide [redacted] with verification documentation.” It is clear and
simple that Midland Credit is in violation by providing correspondence stating
they had verification documentation when in fact they did not.
As per
evidence presented above, Midland Credit has violated the FDCPA and the FCRA. I
request all references to these accounts be deleted from my credit reports and
completely removed from my credit file.
Regards,
[redacted]
Dear Ms. [redacted]:
0in 0pt" class="MsoNormal">
Thank you for your letter inquiry dated November 19, 2014, regarding Mrs. [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 is the servicer of an account belonging to another consumer. During a search for the correct consumer, Mrs. [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Midland Credit had no information that it was contacting a wrong number for the consumer until it was advised during a call on November 18, 2014, at which time Mrs. [redacted]’s phone number was marked “Wrong Number” in Midland Credit’s computer system for the account. Since then, the phone number has not been dialed.
You will continue to not receive calls from Midland Credit representatives regarding the account. Additionally, your phone number, ###-###-#### has been added to an exclusion list to prevent it from being called in the future regarding the account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mrs. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ###-###-#### should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
I had two accounts that went to collections, I set up payments for both accounts to be collected electronically at the end of each month. The payments was coming out fine, than at the end of July one of the two payments didn't go through. So I contacted the agency to set up a new plan for the one account, I set up the plan again along with the other account already being collected on. On Oct 6, 2016 the same problem has occurred, I called and was informed that the payment was declined because of a problem on their part. They informed me that they cannot collect on two electronic payments on the same date, even though they had me to do this at the time the first payment didn't go through on the end of July. I asked why wasn't I informed of this when I set up the same date as the other payment, and all I was told is that the person I talked to didn't understand and was probably trained wrong. I feel they are trying to prolong my payments to collected on any monthly payments they received from the company paying them to collect, otherwise why on some months they go through together. Saying they are changing their systems and can no longer do two payments on the same date. Causing me to go into next year with this debt. All I want is to pay off my debts, and you have companies that have bad business practices trying to delay your payments as long as possible.
Dear [redacted]:
Roman';">
Thank you for your letter inquiry dated March 25, 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 August 28, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 30, 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 July 13, 2010. The balance at the time of charge-off was $654.38.
[redacted] expresses a concern that he does not owe the above-referenced debt. A review of Midland Credit’s business records indicates that after Midland Funding acquired the above-referenced account, on September 3, 2012, Midland Credit mailed [redacted] its initial validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] 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 correspondence disputing the credit reporting of the account from [redacted] on March 20, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A copy of the verification information provided by the seller is enclosed for [redacted] records. A review of Midland Credit’s business records indicates that it is accurately reporting the account to the credit reporting agencies.
When [redacted] is ready to settle the above-referenced debt, he may qualify for a reduction in his account balance. Until then, per [redacted] previous request, the above-referenced account will remain coded as “Do Not Call, Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives regarding the above-referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [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
Dear Ms. [redacted]:
Thank you for your follow-up letter inquiry dated April 30, 2014, regarding Ms. [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. Please note that the original response was provided by and any subsequent correspondence should continue to be addressed to [redacted], Esq.
Midland Credit provided all the relevant account information in its previous letter response to your office dated April 7, 2014.
In Ms. [redacted]’s original complaint she questioned the alleged conduct of certain Midland Credit employees. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees, and has determined that no violation of company policy occurred, and its representatives acted appropriately pursuant to applicable law. The employee in question was not rude and did not use profanity as described by Ms. [redacted]. Additionally, although Ms. [redacted] writes that she did not tell Midland Credit representatives that she had an attorney, the investigation results found that Ms. [redacted] told the employee that her attorney would call Midland Credit. Ms. [redacted]’s account has been updated to reflect that she states she is not being represented by an attorney.
Regarding Ms. [redacted]’s allegation that the employee told her that Midland Credit would put the account back on her credit after it had been deleted by [redacted], it appears that Ms. [redacted] may have misunderstood the information she was provided. If [redacted] made a decision to delete Midland Credit’s tradeline from consumer credit files it does not necessarily affect the validity of the debt. In Ms. [redacted]’s case, the account remains due and owing to Midland Credit. While it will not be reported again by [redacted], the account will continue to be reported to Equifax and Experian.
Ms. [redacted] expresses a concern that the relationship between Midland Credit and Midland Funding LLC (hereinafter “Midland Funding”) has not been explained to her. The relationship between Midland Credit and Midland Funding was explained in the response to Ms. [redacted]’s original complaint: Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding.
Ms. [redacted] states she wants an explanation of how the balance of the debt increased from over $6,000.00 to over $10,000.00. Information from the seller indicates that the account was charged off with a balance of $6,960.73. After charge off and prior to the account being sold to Midland Funding, the original creditor continued to add interest. The balance at time of purchase of $11,043.64 is the charge off balance plus interest added by the original creditor.
Ms. [redacted] expresses a concern that, contrary to Midland Credit’s previous response, she did dispute the debt prior to filing the complaint through your office. As explained in the previous response; Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from Ms. [redacted] in response to the letter. In fact, no correspondence was received from Ms. [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).)
With that said, the above-referenced account remains marked “Cease and Desist.” While it remains due and owing, Ms. [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 Ms. [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs and Compliance
*Admitted in Minnesota, North Dakota, South Dakota and Wisconsin, Not Admitted in California
JNB: [redacted]
March 11, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your follow-up letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated February 24, 2015.
[redacted] states that she will only pay off $300.00, which she claims was her total credit limit. While the credit limit may set the maximum amount of credit given to a consumer, additional interest and fees charged by the original creditor are allowable by law. Accordingly, Midland Credit must respectfully conclude that based on the information provided by the seller, the outstanding balance of $616.97 remains valid.
With that said, Midland Credit will accept [redacted]’s offer to make twelve (12) monthly payments of $25.00 for a total payment of $300.00 to resolve the balance. At that point, Midland Credit will consider the debt resolved. Please have [redacted] contact Account Manager [redacted] at [redacted] to set up this payment plan.
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 April 26, 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 November 27, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on April 5, 2013, 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 13, 2013. The balance at the time of purchase was $319.42. Final payment on the account was received by Midland Credit on January 30, 2016. [redacted] has no further financial obligation for this account.
On September 19, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to the same address listed within the consumer’s complaint via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
[redacted] states he mailed a letter to Midland Credit on February 24, 2016, requesting validation for the above-referenced account. However, Midland Credit’s business records indicate that it did not receive any direct correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office.
A review of Midland Credit’s business records indicates that it began receiving notices of possible dispute from the credit reporting agencies on or about April 5, 2016. On April 25, 2016, Midland Credit mailed [redacted] a letter advising him he continued to have no further obligation for the account as it had been paid, and enclosed the verification information provided by the seller in response. A copy of the verification information provided by the seller is again enclosed for his records.
[redacted] expresses a desire to have the above-referenced account deleted from his consumer credit files since the debt has been repaid. 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, please note that it is Midland Credit’s policy to furnish accurate account information. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
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.
These charges have been disputed (and not responded to) with all 3 credit reporting bureaus. In fact, [redacted] has been disputed numerous times and each time, they simply sell the account in question to another lender. The Midland Funding account did NOT show up on my credit reports until it was under dispute and investigations with the credit bureaus - which is against the fair reporting act.
I am 100% NOT FAMILIAR with this account, and in 2008/2009 when this account was supposedly opened I did not even have the last name of [redacted] (legally nor was I known by it).
Midland funding has been disputed on my credit reports, has not responded and [redacted] refuses to provide me with any information yet continues to sell this account to multiple credit agencies and also refuses to respond to my complaints and disputes in this matter.
What was the address this supposed letter in 2010 was sent to? I have had 4 addresses in the last 7 years and out of curiosity would like to see where this supposed communication was sent, especially because my credit report and dates listed there completely contradict your companies claims on your response.
Regards,
[redacted]
October 24, 2014
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated October 10, 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 September 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 14, 2007, 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 December 4, 2011. The balance at the time of purchase was $1,136.20. Final payment on the account was received on January 28, 2013. [redacted] has no further financial obligation for this account.
[redacted] writes that a Midland Credit representative agreed to remove the account from her consumer credit files upon paying off the debt. Midland Credit’s business records indicate that the first time [redacted] requested that Midland Credit remove its tradeline from her consumer credit files was after she paid the account in a phone call which transpired on June 25, 2014. The representative appropriately advised [redacted] at the time that Midland Credit could not honor such a request.
While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which settled the balance for the above-referenced account, it is Midland Credit’s policy to report all accounts accurately. Midland Credit 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]
Dear [redacted]:
11pt">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed similar complaints through the Office of the Attorney General, State of California (“AG”) and Consumer Financial Protection Bureau (“CFPB”). Copies of Midland Credit’s responses to the AG and CFPB are 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 March 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 7, 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 April 3, 2009. The balance at the time of purchase was $265.59.
[redacted] expresses a concern that Midland Credit has not verified the debt. On April 8, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on June 15, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
With that said, upon receipt of [redacted] letter in June 2015, Midland credit responded by mailing verification documentation provided by the seller to her on or about June 19, 2015. Another copy of the verification documentation is enclosed. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] also writes that this is not her account. Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized.
[redacted] can also contact Midland Credit online at [redacted] where she can email questions to a Consumer Support Services (CSS) specialist, find the answers to frequently asked questions, and upload documents to support his/her request. Uploaded documents are automatically sent to a CSS specialist, who will investigate the consumer’s question and mail back a response. Or [redacted] may forward appropriate documentation to CSS using the contact information on this letterhead.
Until such documentation is received, Midland Credit must respectfully conclude that the debt remains valid, due and owing, and that it is accurately furnishing information for the account to the three major credit reporting agencies. If [redacted] now believes that the account is hers and is ready to resolve the above-referenced debt, she may qualify for a reduction in her account balance. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
face="Times New Roman" size="3">May 25, 2016
VIA E-Mail
Ms. [redacted]
Revdex.com
of San Diego
5050
Murphy Canyon, Ste. 110
San
Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry
regarding Mr. [redacted]’ complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 11, 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 October 24, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on October 25, 2008 as a [redacted] credit card account number ending in [redacted],
in the name of [redacted], under the last
four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on January 27, 2011. The balance at the time of purchase was $1,571.18. Final payment
on the account was received by Midland Credit on June 11,
2015. Mr. [redacted] has
no further financial obligation for this account.
Mr.
[redacted] expresses a concern that his requests for validation have been
ignored. On October 31, 2011, Midland
Credit mailed Mr. [redacted] a validation letter.
Please note that the letter was mailed to Mr. [redacted] via the United
States Postal Service. The letter was
not returned as “undeliverable,” satisfying the notification requirements of
the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the
required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate
that it did not receive any correspondence disputing the debt or requesting
validation from Mr. [redacted] in response to the letter. In fact, no
correspondence was received directly from Mr. [redacted] prior to the complaint
filed through your office.
A review of Midland Credit’s business records
indicates that on January 15, 2012, this account was placed with [redacted]. [redacted]
indicates that an initial letter was sent to you on or about January 19,
2012. The firm states they did not
receive a response to the notice, and as such suit was filed on March 1, 2012,
service was completed on March 7, 2012, and a judgment was entered on April 30,
2012. A copy of the judgment is enclosed
for Mr. [redacted]’ records. [redacted] and
[redacted] also indicate that they did not receive any communication from Mr.
[redacted] disputing the debt or requesting validation.
Mr.
[redacted] expresses a concern that the account is reporting incorrectly with a
balance, and that the judgment is appearing as open rather than paid. A review of Midland Credit’s business records
indicates that it is accurately furnishing information for the above-referenced
account to the credit bureaus as “Account
paid in full, was a collection account.”
Additionally, please note that judgments are not reported by Midland
Funding LLC. Rather judgments are
reported by the credit reporting agencies as a matter of public record. Mr. [redacted] is encouraged to communicate
directly with the credit bureaus regarding information appearing on his credit
report. He may also contact the public
records office should he have any further concerns about how the judgment is
being reported.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to Mr. [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Dear Revdex.com,
Attn: [redacted]
Good Morning,
I faxed over the official release form that was sent to me from the Revdex.com yesterday, by email, in regards to my complaint with the Midland...
Credit LLC. , I sent the fax this morning, 9/19/2014 @9:03 a.m., If your office could please let me know that the fax was indeed received I'd appreciate it. Thank you!
Kind Regards,
[redacted]