Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I do not understand how a letter could be returned as "undeliverable" when I have lived at the same address for 14 years. I am not lying about receiving excessive phone calls. I did the paperwork correctly on the payment to avoid garnishment. At the time I was working part time and had missed work due to being ill. I did the paperwork with the last paycheck I had received as requested. The garnishment has been lowered to $40 a week now. No one communicated that I had to submit paperwork to get it lowered. In fact, Midland did receive my letter in June or July but their attorney asked why they should respond to it.
Midland has been sued many times for violating the credit protection laws. I have read that I have the same complaints. I do not doubt that in some way things are being manipulated to make themselves sound better. I shall be happy with this debt of my ex husbands is paid off and I am done with them.
Regards,
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 14, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with the same name as [redacted] During a search for the correct consumer, [redacted] phone number and address were provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account, and her address marked “Do Not Mail.” [redacted] will no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the 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 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]
font-family: 'Times New Roman';">Thank you for your letter inquiry dated February 25, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
An investigation of this matter indicates that Midland Credit became
the servicer of account no. [redacted], on behalf of purchaser, Midland
Funding, LLC (“Midland Funding”) on August 15, 2011. Information provided by the seller, [redacted], [redacted], at the time of acquisition indicates this account was
originated on May 28, 2009 as a [redacted] account
number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on November 7, 2009.
The balance at the time of purchase was $270.35.
[redacted] expresses
a concern that Midland Credit representatives have contacted her outside the
daily volume permitted by
applicable law. Please assure [redacted] that Midland Credit has safeguards in place to prevent its calls from
being placed in excess of these laws. A
review of Midland Credit’s business records indicates that its representatives
are not attempting to call [redacted] outside the permitted daily volume.
[redacted] also
questions the alleged conduct of certain Midland Credit employees. Please note that the alleged conduct
described by [redacted] is being investigated. Midland Credit fully respects consumers’
rights and privacy and has established policies and procedures designed to
protect those rights. However, if, in
spite of Midland Credit’s best efforts to ensure professional and courteous
communications at all times, it is determined that a violation of company
policy may have occurred, the same will be addressed and dealt with in a prompt
and appropriate manner.
With that said, in
keeping with its Consumer-First policy, and its policy to react affirmatively
to consumer issues, account no. [redacted] has been closed. There will be no further collection activity,
credit reporting or sale of this account.
In addition, a review of Midland Credit’s business records indicates
that Midland Credit is not reporting its tradeline for account no. [redacted] on
[redacted]’s consumer credit files.
While not mentioned
within [redacted]’s complaint, Midland Credit is also the servicer of three
additional accounts belonging to [redacted].
Midland Credit became
the servicer of account no. [redacted] on behalf of purchaser, Midland Funding
on October 14, 2013. Information
provided by the seller, [redacted], at the time of acquisition
indicates this account was originated on July 15, 2004 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 10, 2009. The balance at the time of purchase was
$2,394.83.
Midland Credit became
the servicer of account no. [redacted], on behalf of purchaser, Midland Funding
on September 4, 2013. Information
provided by the seller, [redacted], at the time of acquisition
indicates this account was originated on December 2, 2009 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 November 30, 2010.
The balance at the time of purchase was $402.45.
Midland Credit became
the servicer of account no. [redacted] on behalf of purchaser, Midland Funding
on March 6, 2012. Information provided
by the seller, [redacted], at the time of acquisition
indicates this account was originated on October 1, 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 April 25, 2010. The balance at the time of purchase was $628.50.
A review of Midland
Credit’s business records indicates that it is accurately reporting the three
above-mentioned accounts to the credit reporting agencies as required.
In
the meantime, per [redacted]’s request, account no.’s [redacted], and
[redacted] have been marked “Direct Mail Only.”
While they remain due and owing, [redacted] will no longer receive
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 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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The company is blatantly refusing to provide any proof that the account is mine. The Revdex.com should notate this complaint as an issue where Midland refused to correct the infraction thereby leading the client with the only option to take the matter to court.
Regards,
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated October 29, 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.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 23, 2014. In [redacted]’s most recent complaint, he provided further description regarding his current situation and reiterated his discontent with [redacted] [redacted] (“[redacted]”). As stated in its previous response, Midland Credit is sensitive to [redacted]’s situation. However, Midland Credit was not previously made aware of any financial hardships, physical disabilities, or any other reason that would preclude [redacted] from being able to work with Midland Credit or [redacted] representatives to resolve the above-referenced accounts.
As account no. [redacted] is directly serviced by Midland Credit, it remains marked “Cease and Desist.” While the account remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law. When [redacted] is ready to settle the debt, he may contact Midland Credit Account Manager Denise Longtin at [redacted] to discuss repayment options.
Midland Credit maintains its position that [redacted] has acted appropriately in its attempts to contact [redacted] regarding account no. [redacted]. As explained in Midland Credit’s previous response, service was completed by posting court documents to [redacted]’s home. This was approved by a judge after [redacted] proved that [redacted] had avoided previous service attempts.
As [redacted] has not received any direct communication from [redacted] that would indicate an inability to pay, Midland Credit again encourages [redacted] to work with [redacted] to assist in reaching a positive resolution for this account.
While account no. [redacted] also remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit or [redacted] representatives unless a response is required by law, or it is for a specific purpose related to its legal efforts.Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The fact that Midland is arguing that I have no right to dispute a debt I believe to be frivolous runs quite contrary to the Fari Debt Collection Practices Act. Midland has been previously sued for FDCPA violations before, as can be seen with legal action taken against Midland from the Federal Trade Commmision: [redacted]
I wlll be reporting this complaint next to the FTC, the Attorney General's office and the Consumer Financial Protection Bureau, as well as pursing this matter in court. The Revdex.com should record that this complaint was left unresolved by Midland's failure to satisfy the consumer's rights. under the FDCPA
Regards,
[redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 30, 2016. 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 June 27, 2016.
[redacted] continues to express concern that she was told the account would be removed from her credit report, and that she was advised of the same for an additional account. As stated in its previous response, a review of Midland Credit’s business records does not indicate that Midland Credit advised [redacted] the account would be removed from her credit report once the account balance had been resolved. [redacted] spoke with multiple Midland Credit representatives, who advised that information would be furnished for the account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” It is Midland Credit’s policy to furnish accurate account information. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Additionally, [redacted] was advised of an additional account with the original creditor, [redacted], but was not advised it would be removed from her credit report upon payment. Information for the account is provided below for reference.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 18, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 7, 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, 2015. The balance at the time of purchase was $657.88.
If [redacted] wishes to resolve or discuss account no. [redacted], she may contact Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
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]
Assistant Secretary
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 5, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts identified as belonging to [redacted]. Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on October 22, 2006, 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 August 2, 2010. The balance at the time of purchase was $3,693.96. Final payment on the account was received by Midland Credit on October 10, 2013. [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 August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 16, 2007, as a [redacted] account number ending in 1781, in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 21, 2009. The balance at the time of purchase was $1,882.39.
[redacted] expresses a concern that her first date of delinquency and last payment for account no. [redacted] were in April 2008, and that the account should not be reporting. Please note, the date of delinquency provided to Midland Credit by the original creditor is February 4, 2010. This is the date the original creditor considered the account to be delinquent. There are many different factors the original creditor takes into consideration when determining an account has become delinquent. A review of Midland Credit’s business records indicate, as [redacted] advised, the last payment received by the original creditor was on April 8, 2008. Please note, this is not the only factor the original creditor took into consideration when determining the date of delinquency. An additional review of Midland Credit’s business records indicate the Federal Reporting period for the above-referenced account does not expire until February, 2017.
During a conversation [redacted] had with a Midland Credit representative on December 10, 2015 in regards to account no. [redacted], she stated that she had documentation to show that the original creditor determined the account went delinquent in April 2008. Midland credit sent an inquiry to the original creditor and has received a response. The original creditor advised that [redacted] made purchases on the account in January 2008 which were on a “No Pay No Interest” promotion that had an expiration date of December 31, 2009. The original creditor advised they received one payment on April 8, 2008. However, the account was charged off due to non-receipt of payment on August 2, 2010, after the promotional period had expired. As referenced above, payments received on an account are not the only factor the original creditor takes into consideration when determining the date of delinquency.
In an additional conversation on December 28, 2015 between [redacted] and a Midland Credit representative, account no. [redacted] was discussed. In that conversation [redacted] advised the representative that she never had that account and it just recently began appearing on her credit file. [redacted] was advised that the account would cease reporting during an investigation.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close account no. [redacted] and to notify the three major credit reporting agencies to remove Midland Funding’s reference to both accounts from [redacted]’s consumer credit files. Account no. [redacted] will continue to reflect a paid status within Midland Credit’s files but there will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the accounts.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]0, and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 15, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on March 26, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account originated on September 3, 2012, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on October 15, 2013. The balance at the time of purchase was $806.53. A review of Midland Credit’s business records indicates that on August 24, 2014, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”).
[redacted] expresses concern that Midland Credit is attempting to collect a debt that may have resulted from fraudulent charges to her [redacted] account, and requests that documentation from the disputed period in 2013 to show what purchases were made.
Midland Credit has received and reviewed documentation from [redacted], including a letter from [redacted] dated August 6, 2015, referencing a [redacted] credit card ending in [redacted]. This letter indicates that after [redacted] purchase of the [redacted] freezer in September 2012, $723.22 was charged to the account ending in [redacted]. There were no subsequent purchases and the account was charged off for non-payment in October 15, 2013.
With that said, Midland Credit has reached out to the seller to obtain further information and documentation, and will cease collection efforts while it obtains the requested information. Once Midland Credit has obtained such information and documents, a copy will be forwarded to your office. Additionally, Midland Credit will not furnish information for the account to the three major credit reporting agencies until it is able to provide further information.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.On August 12, 2014 I filed a complaint against this business. The complaint ID assigned to it is [redacted] On September 8th. Midland Credit Management informed me through your bureau that they would instruct the credit bureaus to delete
any instances of their reporting on my credit files. Since then, I have also requested this account to be removed from all three credit bureaus, however today I received my third credit report from Experian which is updated just a few days ago
still reflecting this account as on my previous report for the month of October and November.
I want MIdland Credit Management to follow through its promise and instruct the credit bureaus to delete their account at once. I believe I have been very patient, having waited over 90 days now.
Regards,[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
I have had an account with this company for two months. When they initially called me tjey wanted $1800. I asked if I could give them some of the money and make arrangements for the remainder of the bill. The gentleman on the phone was hard to understand so when he told me the rest od the money would be coming out of my account on the 20th I thought he was saying the 28th. My checking account was $1200 in the negitave and there was nothing my account manager [redacted] would do for me. I had to call him every day and insists in a refund. When I spoke with [redacted] he told me that everything happens for a reson and I had to fight with him for four days before he agreed to a refund, which I have ro wait 15 to 20 days for, I also fought with him well into the next day inorder to speak to his manager. I had been asking for 5 days to speak to his manager. The account manager was very rude and could use some training in customer service. How can they get away with this? This is how you treat poeple? I really hope this company gets their act together.
class="MsoNormal">
Thank you for your letter inquiry dated February 3, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 September 8, 2009. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on July 25, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 7, 2008. The balance at the time of purchase was $547.22.
[redacted] expresses a concern that his requests for validation have been ignored. While Midland Credit is sensitive to [redacted]’s situation, and is committed to proactively working with him to resolve the issue, there appears to be some confusion concerning Midland Credit’s prior communications.
A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on October 4, 2009, Midland Credit mailed [redacted] a validation letter, which informed you that Midland Funding had acquired the account, and informed him 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 you 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 indicates that it received the first request for validation from [redacted] was via a phone conversation on June 29, 2011, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact you and collect the debt. A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the three major credit reporting agencies as required.
Although the request received by Midland Credit on June 29, 2011 was not timely, verification information provided by the seller was mailed to [redacted] in response to his verbal dispute at that time. A copy of the verification information provided by the seller and previously mailed to [redacted] is enclosed. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] further expresses a concern regarding the open date being reported to his consumer credit files. The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
[redacted] disputes that he opened the credit card associated with the above-referenced account and Midland Credit stands ready to assist [redacted] in clearing his record if he has been the victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead. Until such documentation is provided, based on the information provided by the seller, Midland Credit must respectfully conclude the debt remains valid, due and owing to it.
Otherwise, if [redacted] is ready to settle this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at ([redacted] to help settle this 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 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 [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 18, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on March 26, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 8, 2011, 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 December 23, 2013. The balance at the time of purchase was $805.17.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on January 30, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 13, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 23, 2013. The balance at the time of purchase was $1,553.96.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 27, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 5, 2011, as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 27, 2013. The balance at the time of purchase was $227.93.
[redacted] expresses concern over accounts he has discovered on his credit report, and writes that his requests for validation have not been appropriately responded to. Midland Credit mailed [redacted] separate and unique validation letters – on April 30, 2014, for account no. [redacted], on February 16, 2014, for account no. [redacted], and on September 5, 2014, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates that while it has not received any written correspondence directly from [redacted], it received notices of possible dispute for the accounts from the credit reporting agencies.
In response to the notifications from the credit reporting agencies, Midland Credit verified the account information being reported to the credit reporting agencies, and mailed [redacted] correspondence containing the appropriate account information, and included the verification information provided by the seller with its responses for account nos. [redacted] and [redacted] on or about December 21, 2015.
[redacted] also writes that he has received calls and letters at his place of work, and that he had advised that he did not want to be contacted at work. A review of Midland Credit’s business records does not indicate that it received any notice prior to the complaint received through your office that communications to his place of employment were inconvenient. Neither [redacted]’s work address nor work phone number were provided in the complaint as received through your office. In order to ensure that [redacted] will no longer receive any unintended communications, please have [redacted] contact Midland Credit’s Consumer Support Services team at [redacted] to confirm that such information so that it may be appropriately updated in Midland Credit’s records. In the meantime, the above-referenced accounts have been marked “Cease and Desist.” [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Additionally, [redacted] states that he received a letter from Midland Credit stating an investigation had taken place and that the accounts would be removed from the three major credit reporting agencies, and no further collection activities would occur. [redacted] further states that this has not been done. Regarding account nos. [redacted] and [redacted], Midland Credit previously made the business decision to close the accounts on February 8, 2016, and letters advising [redacted] of such was mailed to him that same day. [redacted] has no further financial obligation for account nos. [redacted] and [redacted].
Shortly thereafter, Midland Credit notified the three major credit reporting agencies to cease reporting the tradelines of account nos. [redacted] and [redacted]. Please note that the credit reporting agencies have advised that they may require 30 to 60 days to update to a consumer’s credit files.
However, regarding account no. [redacted] Midland Credit has reached out to the seller for additional information concerning the account. Midland Credit has acknowledged [redacted]’s dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not continue to furnish account information to the three major credit reporting agencies for this account until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated February 3, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received February 4, 2014 via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] writes that he recently received 8-10 calls from Midland Credit. 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, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information provided to it, Midland Credit previously attempted to contact the consumer regarding the account.
A review of Midland Credit’s business records indicates that it has dialed [redacted]’s number a total of 7 times, however, all the calls took place in November 2011, and Midland Credit’s business records indicates that it has not dialed [redacted]’s phone number since 2011. Often a consumer will speak to someone from one collection agency and then falsely believe that any subsequent collection calls, even those from another collection company, are from the same company. Since [redacted]’s complaint states he is receiving calls well in excess of those made by Midland Credit representatives, it appears that this has happened to him.
[redacted]s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the account. [redacted] will no longer receive calls from Midland Credit representatives regarding the account. Additionally, [redacted]’s telephone number ([redacted]) has been added to an exclusion list to prevent it from being called in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
December 15, 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
November 23, 2015.
[redacted]
continues to express a concern that he did not receive validation in response
to a dispute he sent to Midland Credit in 2013.
He also states Midland Credit has not acknowledged the letter from
February 2013.
Midland Credit
sent [redacted] an initial validation notice in February 2012. In its previous response to your office dated
November 23, 2015, Midland Credit stated it received the first correspondence
requesting validation from [redacted] on February 14, 2013, which cannot be
considered timely. In the same letter
that he requested validation, [redacted] requested that all contact cease and
desist. The account was appropriately
marked “Cease and Desist” at that time. Per
his request to not receive contact, Midland Credit was unable to respond to [redacted] request for validation at that time.
Please note, Midland Credit has acted appropriately
pursuant to applicable law.
Per
[redacted] previous request in his February 2013 letter, the
above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted]
will continue to not receive correspondence or calls from Midland Credit
representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
May 5, 2015
MARGIN: 0in 0in 0pt" 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 regarding [redacted]’ 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 December 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 16, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 17, 2012. The balance at the time of purchase was $425.69. Final payment on the account was received by Midland Credit on January 1, 2015. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that the account is reporting three different amounts and requests verification of the debt. On January 7, 2013, 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 April 8, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses a concern that the courts have not received notice the judgment was paid. A review of Midland Credit’s business records indicates that on June 30, 2013, this account was outsourced to the law firm of [redacted]. Their phone number is [redacted] Midland Credit has forwarded a copy of [redacted] complaint to the firm and inquired with them regarding the matter. In a letter dated November 11, 2014, the firm was notified by the court that they considered the judgment satisfied. Additionally, the firm has advised that on or about December 26, 2014, it confirmed to the court that the wage execution should be considered satisfied.
[redacted] states that she was advised the account would be removed from her credit report upon payment. [redacted] state that they did not advise [redacted] about how satisfying the judgment would affect her consumer credit files. Please note that it is Midland Credit’s policy to report all accounts accurately. As [redacted] has advised [redacted] paid the full balance, Midland Credit is reporting the account to the three major credit reporting agencies 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.
Regarding the judgment itself, please advise [redacted] that it is reported to the credit reporting agencies as a matter of public record and not by Midland Credit. [redacted] have advised that they are sending [redacted] a warrant of satisfaction that she may file with the court to ensure that its records are updated.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 7, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 7, 2010 as an [redacted] credit card account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2011. The balance at the time of purchase was $1,373.24.
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 account no. [redacted]. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to account no. [redacted] from [redacted] consumer credit files. A copy of the electronic request sent to the credit reporting agencies is enclosed for [redacted] records.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on March 15, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 4, 2010 as a [redacted], [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 May 30, 2011. The balance at the time of purchase was $2,182.32. A copy of the validation documentation provided by the seller is enclosed for your records.
[redacted] expresses a concern that Midland Credit continues to charge monthly fees. Midland Credit does not add fees of any kind to consumer accounts. While Midland Credit has not charged monthly fees, interest accrued in the amount of $548.67 toward the balance of account no. [redacted] until December 2014 when Midland Credit made the business decision to stop adding interest. With that said, the accounts were purchased from the sellers with all rights. Interest charged by the original creditor is allowable by law. 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.
[redacted] states that the debts are time-barred. A review of Midland Credit’s business records indicates that the statute of limitations expired on November 1, 2016 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period does not expire until November, 2017 for account no. [redacted]. The account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] states that Midland Credit is reporting to the credit bureaus with a negative payment history. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not furnish information such as negative payment history to the credit reporting agencies. Midland Credit’s business records indicate that the account information it is furnishing to the three major credit reporting agencies for account no. [redacted] is accurate.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
If [redacted] is ready to resolve account no. [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call [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]
[redacted]
[redacted]
December 9, 2014
0in 0in 0pt" 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 November 25, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 28, 2007, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 8, 2009. The balance at the time of purchase was $985.90.
[redacted] expresses a concern that her validation requests have been ignored. On September 30, 2009, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of 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 indicates that while it received notification of a possible dispute from the credit reporting agencies on November 19, 2014, no correspondence was received directly from [redacted] prior to the complaint filed through your office, neither of which can 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 a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted] concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller. The open date listed on [redacted] credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
As for [redacted] concerns about the statute of limitations, a review of Midland Credit’s business records indicates that the statute of limitations for the above-referenced account expired on October 7, 2012. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy. The above-referenced account still remains collectible, due and owing to Midland Credit.
Please note the statute of limitations is different than the seven-year federal reporting period. A review of Midland Credit’s business records indicates that the federal reporting period for this account does not expire until October 2015. As such, Midland Credit is accurately reporting the above-referenced account to the three major credit reporting agencies.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law. There do not appear to be any conversations with [redacted] regarding the above-referenced account and no detail about when such interaction took place was provided in the complaint. In order to investigate such concerns, Midland Credit requests that [redacted] provide additional information. She may contact Midland Credit’s Consumer Support Services team at [redacted] to provide such information.
If [redacted] is ready to settle 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 that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at the number above 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 do not understand how a letter could be returned as "undeliverable" when I have lived at the same address for 14 years. I am not lying about receiving excessive phone calls. I did the paperwork correctly on the payment to avoid garnishment. At the time I was working part time and had missed work due to being ill. I did the paperwork with the last paycheck I had received as requested. The garnishment has been lowered to $40 a week now. No one communicated that I had to submit paperwork to get it lowered. In fact, Midland did receive my letter in June or July but their attorney asked why they should respond to it.
Midland has been sued many times for violating the credit protection laws. I have read that I have the same complaints. I do not doubt that in some way things are being manipulated to make themselves sound better. I shall be happy with this debt of my ex husbands is paid off and I am done with them.
Regards,
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 14, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with the same name as [redacted] During a search for the correct consumer, [redacted] phone number and address were provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account.
[redacted] phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account, and her address marked “Do Not Mail.” [redacted] will no longer receive calls or correspondence from Midland Credit representatives regarding the referenced account. Additionally, [redacted] phone number [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the 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 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]:
font-family: 'Times New Roman';">Thank you for your letter inquiry dated February 25, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
An investigation of this matter indicates that Midland Credit became
the servicer of account no. [redacted], on behalf of purchaser, Midland
Funding, LLC (“Midland Funding”) on August 15, 2011. Information provided by the seller, [redacted], [redacted], at the time of acquisition indicates this account was
originated on May 28, 2009 as a [redacted] account
number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on November 7, 2009.
The balance at the time of purchase was $270.35.
[redacted] expresses
a concern that Midland Credit representatives have contacted her outside the
daily volume permitted by
applicable law. Please assure [redacted] that Midland Credit has safeguards in place to prevent its calls from
being placed in excess of these laws. A
review of Midland Credit’s business records indicates that its representatives
are not attempting to call [redacted] outside the permitted daily volume.
[redacted] also
questions the alleged conduct of certain Midland Credit employees. Please note that the alleged conduct
described by [redacted] is being investigated. Midland Credit fully respects consumers’
rights and privacy and has established policies and procedures designed to
protect those rights. However, if, in
spite of Midland Credit’s best efforts to ensure professional and courteous
communications at all times, it is determined that a violation of company
policy may have occurred, the same will be addressed and dealt with in a prompt
and appropriate manner.
With that said, in
keeping with its Consumer-First policy, and its policy to react affirmatively
to consumer issues, account no. [redacted] has been closed. There will be no further collection activity,
credit reporting or sale of this account.
In addition, a review of Midland Credit’s business records indicates
that Midland Credit is not reporting its tradeline for account no. [redacted] on
[redacted]’s consumer credit files.
While not mentioned
within [redacted]’s complaint, Midland Credit is also the servicer of three
additional accounts belonging to [redacted].
Midland Credit became
the servicer of account no. [redacted] on behalf of purchaser, Midland Funding
on October 14, 2013. Information
provided by the seller, [redacted], at the time of acquisition
indicates this account was originated on July 15, 2004 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 10, 2009. The balance at the time of purchase was
$2,394.83.
Midland Credit became
the servicer of account no. [redacted], on behalf of purchaser, Midland Funding
on September 4, 2013. Information
provided by the seller, [redacted], at the time of acquisition
indicates this account was originated on December 2, 2009 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 November 30, 2010.
The balance at the time of purchase was $402.45.
Midland Credit became
the servicer of account no. [redacted] on behalf of purchaser, Midland Funding
on March 6, 2012. Information provided
by the seller, [redacted], at the time of acquisition
indicates this account was originated on October 1, 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 April 25, 2010. The balance at the time of purchase was $628.50.
A review of Midland
Credit’s business records indicates that it is accurately reporting the three
above-mentioned accounts to the credit reporting agencies as required.
In
the meantime, per [redacted]’s request, account no.’s [redacted], and
[redacted] have been marked “Direct Mail Only.”
While they remain due and owing, [redacted] will no longer receive
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 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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The company is blatantly refusing to provide any proof that the account is mine. The Revdex.com should notate this complaint as an issue where Midland refused to correct the infraction thereby leading the client with the only option to take the matter to court.
Regards,
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated October 29, 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.
Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 23, 2014. In [redacted]’s most recent complaint, he provided further description regarding his current situation and reiterated his discontent with [redacted] [redacted] (“[redacted]”). As stated in its previous response, Midland Credit is sensitive to [redacted]’s situation. However, Midland Credit was not previously made aware of any financial hardships, physical disabilities, or any other reason that would preclude [redacted] from being able to work with Midland Credit or [redacted] representatives to resolve the above-referenced accounts.
As account no. [redacted] is directly serviced by Midland Credit, it remains marked “Cease and Desist.” While the account remains due and owing, [redacted] will not receive correspondence or calls from Midland Credit representatives unless a response is required by law. When [redacted] is ready to settle the debt, he may contact Midland Credit Account Manager Denise Longtin at [redacted] to discuss repayment options.
Midland Credit maintains its position that [redacted] has acted appropriately in its attempts to contact [redacted] regarding account no. [redacted]. As explained in Midland Credit’s previous response, service was completed by posting court documents to [redacted]’s home. This was approved by a judge after [redacted] proved that [redacted] had avoided previous service attempts.
As [redacted] has not received any direct communication from [redacted] that would indicate an inability to pay, Midland Credit again encourages [redacted] to work with [redacted] to assist in reaching a positive resolution for this account.
While account no. [redacted] also remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit or [redacted] representatives unless a response is required by law, or it is for a specific purpose related to its legal efforts.Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
The fact that Midland is arguing that I have no right to dispute a debt I believe to be frivolous runs quite contrary to the Fari Debt Collection Practices Act. Midland has been previously sued for FDCPA violations before, as can be seen with legal action taken against Midland from the Federal Trade Commmision: [redacted]
I wlll be reporting this complaint next to the FTC, the Attorney General's office and the Consumer Financial Protection Bureau, as well as pursing this matter in court. The Revdex.com should record that this complaint was left unresolved by Midland's failure to satisfy the consumer's rights. under the FDCPA
Regards,
[redacted]
July 6, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] & [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received June 30, 2016. 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 June 27, 2016.
[redacted] continues to express concern that she was told the account would be removed from her credit report, and that she was advised of the same for an additional account. As stated in its previous response, a review of Midland Credit’s business records does not indicate that Midland Credit advised [redacted] the account would be removed from her credit report once the account balance had been resolved. [redacted] spoke with multiple Midland Credit representatives, who advised that information would be furnished for the account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” It is Midland Credit’s policy to furnish accurate account information. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Additionally, [redacted] was advised of an additional account with the original creditor, [redacted], but was not advised it would be removed from her credit report upon payment. Information for the account is provided below for reference.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 18, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 7, 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, 2015. The balance at the time of purchase was $657.88.
If [redacted] wishes to resolve or discuss account no. [redacted], she may contact Account Manager [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
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]
Assistant Secretary
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 5, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts identified as belonging to [redacted]. Midland Credit became the servicer of account [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account originated on October 22, 2006, 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 August 2, 2010. The balance at the time of purchase was $3,693.96. Final payment on the account was received by Midland Credit on October 10, 2013. [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 August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 16, 2007, as a [redacted] account number ending in 1781, in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 21, 2009. The balance at the time of purchase was $1,882.39.
[redacted] expresses a concern that her first date of delinquency and last payment for account no. [redacted] were in April 2008, and that the account should not be reporting. Please note, the date of delinquency provided to Midland Credit by the original creditor is February 4, 2010. This is the date the original creditor considered the account to be delinquent. There are many different factors the original creditor takes into consideration when determining an account has become delinquent. A review of Midland Credit’s business records indicate, as [redacted] advised, the last payment received by the original creditor was on April 8, 2008. Please note, this is not the only factor the original creditor took into consideration when determining the date of delinquency. An additional review of Midland Credit’s business records indicate the Federal Reporting period for the above-referenced account does not expire until February, 2017.
During a conversation [redacted] had with a Midland Credit representative on December 10, 2015 in regards to account no. [redacted], she stated that she had documentation to show that the original creditor determined the account went delinquent in April 2008. Midland credit sent an inquiry to the original creditor and has received a response. The original creditor advised that [redacted] made purchases on the account in January 2008 which were on a “No Pay No Interest” promotion that had an expiration date of December 31, 2009. The original creditor advised they received one payment on April 8, 2008. However, the account was charged off due to non-receipt of payment on August 2, 2010, after the promotional period had expired. As referenced above, payments received on an account are not the only factor the original creditor takes into consideration when determining the date of delinquency.
In an additional conversation on December 28, 2015 between [redacted] and a Midland Credit representative, account no. [redacted] was discussed. In that conversation [redacted] advised the representative that she never had that account and it just recently began appearing on her credit file. [redacted] was advised that the account would cease reporting during an investigation.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit has made the business decision to close account no. [redacted] and to notify the three major credit reporting agencies to remove Midland Funding’s reference to both accounts from [redacted]’s consumer credit files. Account no. [redacted] will continue to reflect a paid status within Midland Credit’s files but there will be no further collection activity, furnishing of account information to the credit bureaus, or sale of the accounts.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted]0, and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 15, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on March 26, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account originated on September 3, 2012, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on October 15, 2013. The balance at the time of purchase was $806.53. A review of Midland Credit’s business records indicates that on August 24, 2014, this account was assigned to Midland Credit’s Internal Legal Department (“Internal Legal Department”).
[redacted] expresses concern that Midland Credit is attempting to collect a debt that may have resulted from fraudulent charges to her [redacted] account, and requests that documentation from the disputed period in 2013 to show what purchases were made.
Midland Credit has received and reviewed documentation from [redacted], including a letter from [redacted] dated August 6, 2015, referencing a [redacted] credit card ending in [redacted]. This letter indicates that after [redacted] purchase of the [redacted] freezer in September 2012, $723.22 was charged to the account ending in [redacted]. There were no subsequent purchases and the account was charged off for non-payment in October 15, 2013.
With that said, Midland Credit has reached out to the seller to obtain further information and documentation, and will cease collection efforts while it obtains the requested information. Once Midland Credit has obtained such information and documents, a copy will be forwarded to your office. Additionally, Midland Credit will not furnish information for the account to the three major credit reporting agencies until it is able to provide further information.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.On August 12, 2014 I filed a complaint against this business. The complaint ID assigned to it is [redacted] On September 8th. Midland Credit Management informed me through your bureau that they would instruct the credit bureaus to delete
any instances of their reporting on my credit files. Since then, I have also requested this account to be removed from all three credit bureaus, however today I received my third credit report from Experian which is updated just a few days ago
still reflecting this account as on my previous report for the month of October and November.
I want MIdland Credit Management to follow through its promise and instruct the credit bureaus to delete their account at once. I believe I have been very patient, having waited over 90 days now.
Regards,[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
I have had an account with this company for two months. When they initially called me tjey wanted $1800. I asked if I could give them some of the money and make arrangements for the remainder of the bill. The gentleman on the phone was hard to understand so when he told me the rest od the money would be coming out of my account on the 20th I thought he was saying the 28th. My checking account was $1200 in the negitave and there was nothing my account manager [redacted] would do for me. I had to call him every day and insists in a refund. When I spoke with [redacted] he told me that everything happens for a reson and I had to fight with him for four days before he agreed to a refund, which I have ro wait 15 to 20 days for, I also fought with him well into the next day inorder to speak to his manager. I had been asking for 5 days to speak to his manager. The account manager was very rude and could use some training in customer service. How can they get away with this? This is how you treat poeple? I really hope this company gets their act together.
Dear [redacted]:
class="MsoNormal">
Thank you for your letter inquiry dated February 3, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
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 September 8, 2009. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on July 25, 2007 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 7, 2008. The balance at the time of purchase was $547.22.
[redacted] expresses a concern that his requests for validation have been ignored. While Midland Credit is sensitive to [redacted]’s situation, and is committed to proactively working with him to resolve the issue, there appears to be some confusion concerning Midland Credit’s prior communications.
A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on October 4, 2009, Midland Credit mailed [redacted] a validation letter, which informed you that Midland Funding had acquired the account, and informed him 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 you 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 indicates that it received the first request for validation from [redacted] was via a phone conversation on June 29, 2011, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact you and collect the debt. A review of Midland Credit’s business records indicate that it is accurately reporting the above-referenced account to the three major credit reporting agencies as required.
Although the request received by Midland Credit on June 29, 2011 was not timely, verification information provided by the seller was mailed to [redacted] in response to his verbal dispute at that time. A copy of the verification information provided by the seller and previously mailed to [redacted] is enclosed. Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] further expresses a concern regarding the open date being reported to his consumer credit files. The open date listed on [redacted]’s credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
[redacted] disputes that he opened the credit card associated with the above-referenced account and Midland Credit stands ready to assist [redacted] in clearing his record if he has been the victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that he reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted] If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. He may forward appropriate documentation to Consumer Support Services at the address on this letterhead. Until such documentation is provided, based on the information provided by the seller, Midland Credit must respectfully conclude the debt remains valid, due and owing to it.
Otherwise, if [redacted] is ready to settle this debt, he may qualify for a reduction in his account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at ([redacted] to help settle this 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 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 [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 18, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on March 26, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 8, 2011, 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 December 23, 2013. The balance at the time of purchase was $805.17.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on January 30, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 13, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 23, 2013. The balance at the time of purchase was $1,553.96.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on August 27, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on August 5, 2011, as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on December 27, 2013. The balance at the time of purchase was $227.93.
[redacted] expresses concern over accounts he has discovered on his credit report, and writes that his requests for validation have not been appropriately responded to. Midland Credit mailed [redacted] separate and unique validation letters – on April 30, 2014, for account no. [redacted], on February 16, 2014, for account no. [redacted], and on September 5, 2014, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. A review of Midland Credit’s business records indicates that while it has not received any written correspondence directly from [redacted], it received notices of possible dispute for the accounts from the credit reporting agencies.
In response to the notifications from the credit reporting agencies, Midland Credit verified the account information being reported to the credit reporting agencies, and mailed [redacted] correspondence containing the appropriate account information, and included the verification information provided by the seller with its responses for account nos. [redacted] and [redacted] on or about December 21, 2015.
[redacted] also writes that he has received calls and letters at his place of work, and that he had advised that he did not want to be contacted at work. A review of Midland Credit’s business records does not indicate that it received any notice prior to the complaint received through your office that communications to his place of employment were inconvenient. Neither [redacted]’s work address nor work phone number were provided in the complaint as received through your office. In order to ensure that [redacted] will no longer receive any unintended communications, please have [redacted] contact Midland Credit’s Consumer Support Services team at [redacted] to confirm that such information so that it may be appropriately updated in Midland Credit’s records. In the meantime, the above-referenced accounts have been marked “Cease and Desist.” [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Additionally, [redacted] states that he received a letter from Midland Credit stating an investigation had taken place and that the accounts would be removed from the three major credit reporting agencies, and no further collection activities would occur. [redacted] further states that this has not been done. Regarding account nos. [redacted] and [redacted], Midland Credit previously made the business decision to close the accounts on February 8, 2016, and letters advising [redacted] of such was mailed to him that same day. [redacted] has no further financial obligation for account nos. [redacted] and [redacted].
Shortly thereafter, Midland Credit notified the three major credit reporting agencies to cease reporting the tradelines of account nos. [redacted] and [redacted]. Please note that the credit reporting agencies have advised that they may require 30 to 60 days to update to a consumer’s credit files.
However, regarding account no. [redacted] Midland Credit has reached out to the seller for additional information concerning the account. Midland Credit has acknowledged [redacted]’s dispute, annotated the account as disputed, and has ceased collection efforts while it is in the process of verifying the debt. Once Midland Credit has obtained verification of the debt, a copy will be mailed to your office. Additionally, Midland Credit will not continue to furnish account information to the three major credit reporting agencies for this account until it is able to provide [redacted] with verification of the debt.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated February 3, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received February 4, 2014 via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] writes that he recently received 8-10 calls from Midland Credit. 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, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information provided to it, Midland Credit previously attempted to contact the consumer regarding the account.
A review of Midland Credit’s business records indicates that it has dialed [redacted]’s number a total of 7 times, however, all the calls took place in November 2011, and Midland Credit’s business records indicates that it has not dialed [redacted]’s phone number since 2011. Often a consumer will speak to someone from one collection agency and then falsely believe that any subsequent collection calls, even those from another collection company, are from the same company. Since [redacted]’s complaint states he is receiving calls well in excess of those made by Midland Credit representatives, it appears that this has happened to him.
[redacted]s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the account. [redacted] will no longer receive calls from Midland Credit representatives regarding the account. Additionally, [redacted]’s telephone number ([redacted]) has been added to an exclusion list to prevent it from being called in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
December 15, 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
November 23, 2015.
[redacted]
continues to express a concern that he did not receive validation in response
to a dispute he sent to Midland Credit in 2013.
He also states Midland Credit has not acknowledged the letter from
February 2013.
Midland Credit
sent [redacted] an initial validation notice in February 2012. In its previous response to your office dated
November 23, 2015, Midland Credit stated it received the first correspondence
requesting validation from [redacted] on February 14, 2013, which cannot be
considered timely. In the same letter
that he requested validation, [redacted] requested that all contact cease and
desist. The account was appropriately
marked “Cease and Desist” at that time. Per
his request to not receive contact, Midland Credit was unable to respond to [redacted] request for validation at that time.
Please note, Midland Credit has acted appropriately
pursuant to applicable law.
Per
[redacted] previous request in his February 2013 letter, the
above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted]
will continue to not receive correspondence or calls from Midland Credit
representatives unless a response is required by law.
Midland
Credit considers consumer complaints a serious matter and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
May 5, 2015
MARGIN: 0in 0in 0pt" 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 regarding [redacted]’ 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 December 27, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 16, 2011, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 17, 2012. The balance at the time of purchase was $425.69. Final payment on the account was received by Midland Credit on January 1, 2015. [redacted] has no further financial obligation for this account.
[redacted] expresses a concern that the account is reporting three different amounts and requests verification of the debt. On January 7, 2013, 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 April 8, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also expresses a concern that the courts have not received notice the judgment was paid. A review of Midland Credit’s business records indicates that on June 30, 2013, this account was outsourced to the law firm of [redacted]. Their phone number is [redacted] Midland Credit has forwarded a copy of [redacted] complaint to the firm and inquired with them regarding the matter. In a letter dated November 11, 2014, the firm was notified by the court that they considered the judgment satisfied. Additionally, the firm has advised that on or about December 26, 2014, it confirmed to the court that the wage execution should be considered satisfied.
[redacted] states that she was advised the account would be removed from her credit report upon payment. [redacted] state that they did not advise [redacted] about how satisfying the judgment would affect her consumer credit files. Please note that it is Midland Credit’s policy to report all accounts accurately. As [redacted] has advised [redacted] paid the full balance, Midland Credit is reporting the account to the three major credit reporting agencies 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.
Regarding the judgment itself, please advise [redacted] that it is reported to the credit reporting agencies as a matter of public record and not by Midland Credit. [redacted] have advised that they are sending [redacted] a warrant of satisfaction that she may file with the court to ensure that its records are updated.
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]
December 15, 2016
[redacted]
[redacted] [redacted]
[redacted]
[redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 7, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on February 7, 2010 as an [redacted] credit card account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2011. The balance at the time of purchase was $1,373.24.
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 account no. [redacted]. There will be no further collection activity, furnishing of account information to the credit bureaus, or sale of this account. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to account no. [redacted] from [redacted] consumer credit files. A copy of the electronic request sent to the credit reporting agencies is enclosed for [redacted] records.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on March 15, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on February 4, 2010 as a [redacted], [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 May 30, 2011. The balance at the time of purchase was $2,182.32. A copy of the validation documentation provided by the seller is enclosed for your records.
[redacted] expresses a concern that Midland Credit continues to charge monthly fees. Midland Credit does not add fees of any kind to consumer accounts. While Midland Credit has not charged monthly fees, interest accrued in the amount of $548.67 toward the balance of account no. [redacted] until December 2014 when Midland Credit made the business decision to stop adding interest. With that said, the accounts were purchased from the sellers with all rights. Interest charged by the original creditor is allowable by law. 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.
[redacted] states that the debts are time-barred. A review of Midland Credit’s business records indicates that the statute of limitations expired on November 1, 2016 for account no. [redacted]. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy.
Similar to the statute of limitations, the expiration of the seven-year Federal Reporting period also does not extinguish a debt. It only prevents the account information from being furnished to the credit reporting agencies. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period does not expire until November, 2017 for account no. [redacted]. The account remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
[redacted] states that Midland Credit is reporting to the credit bureaus with a negative payment history. Although Midland Credit submits updates to the reporting agencies each month, Midland Credit does not furnish information such as negative payment history to the credit reporting agencies. Midland Credit’s business records indicate that the account information it is furnishing to the three major credit reporting agencies for account no. [redacted] is accurate.
[redacted] is encouraged to communicate directly with the credit bureaus should she have any further concerns about the nomenclature that Midland Credit is compelled to use. In addition, if [redacted] obtained her credit report from a compilation source, the information being reported may appear to vary. The credit bureaus have advised that it appears this way because they do not directly populate the fields on credit reports pulled from any source other than directly from the credit bureau itself.
If [redacted] is ready to resolve account no. [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call [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]
[redacted]
[redacted]
[redacted]
Enclosure
December 9, 2014
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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 November 25, 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 September 8, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 28, 2007, as an [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 8, 2009. The balance at the time of purchase was $985.90.
[redacted] expresses a concern that her validation requests have been ignored. On September 30, 2009, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of 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 indicates that while it received notification of a possible dispute from the credit reporting agencies on November 19, 2014, no correspondence was received directly from [redacted] prior to the complaint filed through your office, neither of which can 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 a concern that Midland Credit has re-aged the account by listing an open date that is later than the original. While Midland Credit is sensitive to [redacted] concern, Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it services based on the business records maintained by the original lender/seller. The open date listed on [redacted] credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
As for [redacted] concerns about the statute of limitations, a review of Midland Credit’s business records indicates that the statute of limitations for the above-referenced account expired on October 7, 2012. However, the passing of the statute of limitations does not extinguish the validity of the debt. Rather, it eliminates litigation as a potential remedy. The above-referenced account still remains collectible, due and owing to Midland Credit.
Please note the statute of limitations is different than the seven-year federal reporting period. A review of Midland Credit’s business records indicates that the federal reporting period for this account does not expire until October 2015. As such, Midland Credit is accurately reporting the above-referenced account to the three major credit reporting agencies.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law. There do not appear to be any conversations with [redacted] regarding the above-referenced account and no detail about when such interaction took place was provided in the complaint. In order to investigate such concerns, Midland Credit requests that [redacted] provide additional information. She may contact Midland Credit’s Consumer Support Services team at [redacted] to provide such information.
If [redacted] is ready to settle 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 that will be both beneficial to her, as well as settle the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at the number above 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