January 26, 2015
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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 12, 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. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note that Midland Credit had no information that it was contacting a wrong number for the consumer until a conversation on January 12, 2015 with [redacted]
[redacted] expresses a concern that Midland Credit representatives acted inappropriately. Midland Credit reviewed the call in question and has determined that no violation of company policy occurred, and that its representatives acted appropriately pursuant to applicable law. Please note that it is Midland Credit’s policy to verify the consumer’s information on each call, to ensure it does not disclose personal information to the wrong individual, as well as to protect the privacy of those with whom Midland Credit conducts business. Because [redacted] was not the correct consumer, the Midland Credit representatives with whom [redacted] spoke were unable to disclose any information to him.
[redacted] phone number was marked “Do Not Call” in Midland Credit’s computer system for the referenced account on January 12, 2015. Using the information provided in his complaint, his address has been 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
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland has never sent me a validation request at all and have ignored mine. They state I'm misinformed and don't know what a charge off is. I know what a charge off is and they are reporting OPEN ACCOUNTS in thier name and are using to different companies on my reports. They are reporting Midland Funding and Midland Credit Management all with the same account numbers but with different dates and information. The accounts are reported as open and pass due by months. How can I be past due for payments to them? On certain reports they have a collection notation. [redacted] cant verify account and sice they didnt buy the account from [redacted] directly how can they verify it and for that matter add interest.
I'd like to know how they came up with a $693 balance when there is no account from [redacted]. They need to prove what they say I owe. Wear is all the transactions that come up to $693 and the original contract they say I signed? They would need that original contract to verify all of this. They even said in their response that they didn't get the information from [redacted] but some other place I've never heard of. [redacted] can't verify it so how can Midland? And if the account was valid the Statue of Limitations would be up. They keep reporting inaccurate information and are re aging the account. I didnt want to mention this because it's personal but I guess I'm going to have to. I am a Disabled Veteran and due to my disabilities and circumstances beyond my control the Department of Veterans Affairs made it so I couldn't have credit of any kind. I could have no payments of any kind except my rent. I could not legally have or keep any type of accounts. I couldn't even have my own banking accounts. There was a beneficiary named that did all that.
The reason I got my reports and everything is because I worked my butt off did all the VA Programs and Requirements and just recently got the approval to take care of things myself. So legally I could get my reports and Midland showed up and shouldn't be there period. There is no way possible any off this is mine. If Midland wants continue on with this false account and information they need to talk to the Dept Of Veterans Affairs. I am protected from this by the Federal Government because they handled it all. They say this all started with [redacted] in 2005 it's 2014 and they won't quit reporting the inaccurate information. The sad thing is is that I've been a victim of this for years because they have been reporting this when I was unable to handle matters because of the rules from the VA. This is all fraudulent.
Midland also states, like they are the victim, that because of all the negative things said about them it influences consumers meaning me in their response. It was brought up by me because I didn't want it fixed then they just add it back on later. But a lot of the negative information out there has been verified and shows they have an abundant history of hurting consumers. They buy old "junk" or "zombie" debt they don't and/or cant verify and cause great harm to consumers financial lives by reporting inaccurate information. They need to show all the paperwork from the original contract, who they bought the information from and how it was verified as soon as they bought it to show cause for even going after the debt. I think I deserve all that.
This really upsets me because if it was mine there would be no problem and I would handle it. The problem is, is that it's not mine at all. They are being deceitful to the Revdex.com. The accounts are being reported open and that I'm not paying them but then they use a different name and say it's a collection. Then they insinuate that it's my fault as a consumer that I don't know what a charge off is. They are reporting an open account with negative and derogatory information. Have they even considered they could be wrong or that this may actually be a case of fraud wich has happened to me. They should be able to represent the original contract when it was opened all the transactions and how they calculate interest. If they own it they should have all this information and my original signature.
From what they say they investigated they should have all that information and documentation to back it up. They should be able to show who they bought the account from and how they verified it the day it was bought to know for sure they could collect. I feel I have to reveal my personal life just to prove they are wrong and that's not right. I feel my privacy is being invaded and yes I gave you some personal info just to show this is all wrong and should be removed immediately from my Credit Reports. When was the last time Midland contacted [redacted] about me? It seems they haven't they didn't even get the original account from [redacted] and I know [redacted] can't verify it. So if the original creditor can't verify it how can Midland. They have no proof just information they bought from another company not [redacted].
Midland needs to be investigated just on the basis they are reporting that I have an open account with them and I don't send the payments. I've never set up a payment plan with them they even stated they haven't heard from me. I would like to also point out and ask how they can just say they sent me a validation letter. Did they not send it return receipt requested on purpose so they could say they sent it? It alarms me of deceptive practices. I know that when I've gotten other letters from different companies they had to be signed for. If Midland would have sent that letter it would have be answered because this is not my debt. It's also alarming how they re age debt to try and avoid the Statue of Limitations wich is an illegal practice.
They say its from an original account from 2005!! I'm not sure what else I'm going to have to do without giving the world my personal information and losing more of my privacy. I hope that the last four digits they say are from people's social security numbers are not being published. The bottom line is, is that I'm being taken advantage of and Midland tries to make it sound like consumers (me) don't know what charge offs are and imply that consumers (me) get the wrong idea because of all the negative verifiable information about them out there that they do nothing wrong. In my case they have been wrong and have violated many of the laws set up to protect consumers like re aging and reporting open not charge off accounts on credit reports.
So I request everything I mentioned and asked for in this. Not to be redundant but I'll put what I request from them again to prove they are correct. First I'd like to know why they are reporting open accounts with balances and saying I'm months behind. Why they are reporting under different names with the only info that's the same is the account number. On my reports they have the account open and some have a notation of collection but it's an open negative account not just a collection being reported.
I request who they bought their information off of the date and time and how upon getting that information they verified it was ok to pursue. They didn't get any information from [redacted] who they say was the original creditor. I want to know how and when they verified the information with the original creditor. I want to see the original contract the transactions and balances along with my signature and address. I request how the interest was calculated and verified and wear in the original contract it says they can add interest. ( I'd also like to mention that now that they have seen recent activity they are adding more interest and wonder how they can just stop then decide years later to add interest again). That is against my rights. If they own the account now they should have all that information and be able to show it. I request proof they sent a validation request to me the date address and my signature confirmation. I would also like to know how they can verify an account the original creditor can't and anything they did to investigate fraud. This is causing great financial and emotional stress and they have no real proof to be doing this to me.
I am the victim here and I don't know if it's cause I'm a Disabled Veteran( I've had that happen) but I don't deserve to be treated like this. I'm man enough to admit if I'm wrong. In this case I Am Not Wrong and it's not right that Midland can act like they did all these things when they have no proof at all. They are trying to get out of this by acting like I don't know what a charge off is and trying to use the fact that since they have a lot of negative things said about them that that's why people like me challenge their mistakes wrong doings and illegal practices. They are trying to act like they are victims and they are not. Trying to say I don't know what a charge off is a deceptive tactic they are using to try to take the focus off of them reporting an open account saying Im behind months and using different names and information.
Please help me with all this. It is very frustrating and they know that. They want to drag it out thinking I'll pay just to be done with it. I'm not going to pay something that isn't mine and I shouldn't have to. They are doing a lot of wrong and even illegal things and need to be held accountable for their actions. I'm the little guy in all this and they are trying to make me pay for standing up for myself and that's not right. Another thing that bothers me is that if this account was right it would still be past the Statue of Limitations so it should still be off my credit reports.
They should have to show proof of everything. I respectfully request that Midland under all their names delete all their information on my credit reports and quit reporting negative information on this account. I request in writing from Midland that they have deleted everything and it will not reappear later.
Thank you for all your time in dealing with this matter and I hope it gets resolved to satisfaction in a timely manner.
I know your busy so thank you for taking the time out of your day to read this and help in dealing with this matter.
Regards,[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 18, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 18, 2015. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 6, 2001 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 6, 2011. The balance at the time of purchase was $30,378.98.
[redacted] expresses a concern that he has not received validation of the debt. On March 27, 2015, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on September 25, 2015. In response Midland Credit mailed [redacted] a letter stating the matter was being investigated. On November 4, 2015 a copy of the verification information provided by the seller was sent to [redacted]. A copy of that documentation is again enclosed for [redacted] records.
[redacted] also questions whether the account is collectible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations expired on December 8, 2015. 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 for the above-referenced account will expire in December 2017.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit previously made the business decision to close the account. 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 were notified to delete Midland Credit’s reference to the collection account in question from [redacted] consumer credit files on October 9, 2015.
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
medium;">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 15, 2015.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was
originated on November 28, 2007, as a [redacted] account number ending in [redacted]
in the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account
was charged-off as an unpaid delinquent-debt on March 24,
2009. The balance at the time of purchase was $1,285.11.
[redacted] writes that she has never done business with Midland Credit. Please note, when a creditor "charges
off" an account, it means that the creditor no longer believes the
consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor, [redacted], had the right to legally seek repayment of the promissory obligation, the
new third-party purchaser has the right to repayment of the credit
account. The above-referenced account
remains collectible, due and owing to Midland Credit.
[redacted] also writes that Midland Credit did not notify her about the debt. On May 3, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had
acquired the account, and of her rights pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any written
correspondence disputing the debt or requesting validation from [redacted] in
response to the letter. In fact, no written
correspondence was received directly from [redacted] prior to the complaint
filed through your office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A
review of Midland Credit’s business records indicates that it is accurately
reporting the above-referenced account to the three major credit reporting
agencies. If [redacted] is ready to resolve
the above-referenced debt, she may qualify for a reduction in the account
balance. Please have [redacted] call Account
Manager [redacted] at [redacted] to assist her in reaching a
resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted].
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Midland Funding has never provided me with any legal proof that this is my account and instead hides behind certain loop holes in the legal system stating they do not have to show me proof that I ever orderd, received or signed for anything. This statement in itself shows that Midland funding is a con and scam company. They can create any account they want and hide behind loopholes and refuse to legally prove this is my account. BNow after the threat of a lawsuit Midland in now closing the account and telling the credit bureaus to delete the account. However they have been reporting a FRAUDULENT account on my credit for almost a year. We have disputed this account for almost a year and all they have ever done is say the account has been verified and yet after repeatedly informing them that this is no my account and giving them a police report case # for identity theft. hey continued to report the account as verified and refused to investigate or do anything.
Not until I filed a complaint with Revdex.com did they make any effort to investigate and as their track records show, they lie and scam and so I can safely assume that Midland has never contacted [redacted] Police department because I contacted [redacted] Police department last week and verified the case #. In any matter, Midland is now trying to rectify their wrong doing and that is appreciated but much too late. I will be seeking legal action against midland Funding for Punitive damages because they have been falsely reporting to the 3 credit bureaus. I have recorded phone conversations and letters form Midland dating all the way back to may and in none of the letters of phone conversations did Midland ever say that they needed an affidavit or police records. They were informed that [redacted] takes complaints over the phone and does not give out a police report and instead gives us a case # and yet they still refused to do anything and instead as recorded conversations will show, each time I contacted Midland funding they blatantly refused to talk to me about my own account because I told them that I should contact an attorney. Midland funding thinks that they are above the law and can bully consumers and it is time they learn the hard way.
I will be watching my credit report on Sept. 1 to see if it has been removed, if not I will immediately file a lawsuit against Midland funding for punitive damages as I have been tryimng to buy a home and their false report on my credit report has prevented me from it.
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 completely. For your reference, details of the offer I reviewed appear below.
It is not satisfactory because they have already cause damage and now want to say they will remove it form my credit now and think that will solve things. Then they have complaints with Revdex.com that are resolved and yet it is not resolved because the damage has already been done and the experience with this company has already been extremely bullyish and for them to say, OK we will delete it now, does not resolve the damage they have done.
Regards,
[redacted]
Midland Funding showed up on my credit report out of nowhere. Saying that I owe a debt to them and I never even heard of them.
After looking them up I see the fraudulently act like they purchase a old debt on your credit report with a fake bill of sale. I want them to...
send me proof a validation that I owe this money to them with my signature on any documents.
Dear [redacted]:
Thank you for your follow-up letter inquiry dated March 26, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit provided all relevant account identifying information in its previous letter response to your office, dated March 18, 2014. In his follow-up, [redacted] questions where he should send his notarized Identity Theft Affidavit. [redacted] may forward the appropriate documentation to Consumer Support Services at the address on this letterhead. An Identity Theft Affidavit is enclosed for [redacted]. [redacted] should complete the form and have the form notarized. Once received, Midland Credit will thoroughly review the Affidavit.
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
[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]
Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 13, 2015. [redacted] continues to stand firm in his assertion that he paid the account in full in order to have the debt removed from his credit. Midland Credit reiterates that [redacted] appropriately and correctly advised [redacted] of how the account would be reported to Midland Credit once paid. Additionally, the account information Midland Credit is furnishing to the three major credit reporting agencies is accurate.
Midland Credit will continue furnishing account information for the above referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” As previously stated, if Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Thank
you for your follow-up letter
inquiry dated March 11, 2014,
regarding [redacted]’ complaint,
which Midland Credit
Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit provided all the relevant account information in its
previous letter response to your office dated February 10, 2014. In her follow-up [redacted] again writes
that Midland Credit is reporting the account as a “key derogatory.” Please note that Midland Credit’s position
has not changed. Its business records
indicate that it is accurately reporting the above-referenced account to the
credit reporting agencies as required. Again,
the credit bureaus determine which accounts should be marked as a “key
derogatory” and marks them as such. Midland
Credit has no control over such demarcation.
[redacted] is encouraged to communicate directly with the credit
bureaus should she have any further concerns regarding the “key derogatory”
notation.
Aside from the above, Ms.
[redacted] requests that Midland Credit provide a copy of the original
contract. Please note that while Midland
Credit was not required to provide anything to [redacted] previously, it
included a copy of the bill of sale with its previous response verifying Midland
Funding as the rightful owner of the account. The original contract, complete payment
history, and a full set of billing statements are not required to validate a
debt under the Fair Debt Collection Practices Act. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Based on the information provided by the seller, Midland Credit has
determined that its credit file and credit reporting of the above-referenced
account is accurate. Midland Credit will
be closing its investigation of [redacted]’s dispute and will be resuming
regular collection activities as allowed by the [redacted] Finance Code and the Fair
Credit Reporting Act.
[redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] to discuss repayment options.
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
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 receive the letter today about my complaint from Revdex.com. I m understanding they have to leave the late payment from the Midland Credit company- on my credit until 20016.
The want me to pay a minimum of 161.00 a month, which I had a prior agreement of 25.00 a month until I told them I was working something out with the (Revdex.com) in which I didn’t tell them who?
Now they don’t want to work with me for a lesser payment.
class="MsoNormal">
Thank you for your letter inquiry dated April 9, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on December 15, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2005 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 19, 2008. The balance at the time of purchase was $703.32.
[redacted] 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 Ms. Dudley’s concern Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller. The open date listed on [redacted] credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
She also states that the account should have fallen off her credit report as it was first placed in 2007. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in August 2014. Please note that this does not extinguish the debt; rather, it prevents the account from being reported to the credit reporting agencies. The account will still remain collectible, due and owing to Midland Credit. 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.
If [redacted] is ready to settle the above-referenced debt, [redacted] 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 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]
March 4, 2016
Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 19, 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] for which Midland Credit is currently furnishing account information to the three major credit reporting agencies.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 26, 2012, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 24, 2014. The balance at the time of purchase was $1,465.38.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on April 22, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 4, 2012, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 10, 2014. The balance at the time of purchase was $807.63. Final payment on the account was received by Midland Credit on January 11, 2016. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on April 30, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 27, 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 March 18, 2014. The balance at the time of purchase was $570.21. Final payment on the account was received by Midland Credit on January 11, 2016. [redacted] has no further financial obligation for this account.
[redacted] indicates that she paid two accounts believing that they would be removed from her credit report. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which resolved the balance for account nos. [redacted] and [redacted], please note that it is Midland Credit’s policy to furnish accurate account information. A review of Midland Credit’s business records indicates that it is accurately furnishing information for account nos. [redacted] and [redacted] as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the accounts, their correct and accurate status would not be reflected. Midland Credit’s business records further indicate that [redacted] was advised that the accounts would report with the above status upon the resolution of the balances.
Regarding account no. [redacted], on June 9, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office.
A copy of the verification information provided by the seller is enclosed for [redacted]’s records. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] indicated that she was threatened that action would be taken through the state to collect this. Please note, there are several factors used to determine the eligibility of accounts for legal efforts. As a result, the account has been determined to be eligible for legal efforts. Midland Credit acted appropriately in advising that non-payment on the account may result in the account being forwarded to a law firm in [redacted]’s area to review for possible legal efforts to collect the balance. This was an accurate statement of potential next steps to be taken on the account.
[redacted] alleges that Midland Credit representatives have called her excessively, at times not allowed by law. Please be assured that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. Midland Credit’s determination of which local time should control the ability to call is based on information then available to it, including the address, and/or phone number’s area code. Information attached to the accounts indicates [redacted] resides in [redacted]. Based on that information, all calls were placed after 8:00am and prior to 9:00pm Eastern Standard Time, and Midland Credit did not attempt to call [redacted] more often than what is allowable.
Per [redacted]’s previous concerns, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ([redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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.
Provided credit card statements from Account Number demonstrates that the balance is $21,062, Please provide details on how the alleged amount of $26,822 was calculated, MCM has been reporting this balance against this account to all 3 credit reporting agencies on my credit report
As per Sunga v. Rees Broome, P.C., 2010 U.S. Dist. LEXIS 81970 (August 12, 2010), Misstating the amount a Consumer owes by a mere penny may constitute a violation of the Fair Debt Collection Practices Act.
The FDCPA prohibits the use of any false, deceptive, or misleading representations in an attempt to collect a debt. See 15 U.S.C. § 1692e
Once MCM provides the requested documentation, I will require 30 days to investigate the information. If MCM does not respond to this request within 30 days, all references to this account must be deleted from my credit reports and completely removed from my credit file. Send a copy of any such deletion request to me.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
FDCPA states that A debt collector may not collect any interest or fee not authorized by the agreement or by law
As per MCM "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"
I have not received any such agreement from the original creditor, As per law the MCM is not authorized to collect interest unless it is authorized, I request MCM to provide a contract from original creditor stating that MCM is authorized to collect interest on this account
MCM never mentioned till date that they have added 6% interest rate between June 2011 and December 2014, A [redacted] judge in Jones v. Midland Funding, LLC, 755 F. Supp. 2d 393 (D. Conn. 2010), granted summary judgment to Jones, holding that Midland violated Section 1692g(a)(1) where MCM never mentioned interest accrual
As per MCM the alleged account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $21,594.87. MCM has added interest at a rate of 6% between June 2011 and December 2014
MCM did not mention if the interest charged was simple or compounded, even if 6% compound interest is added to original balance of $21,594.87 for 43 months including both June 2011 and December 2014 the total compounded interest should be $5,165.45 combined with principal total due would be $26,760.32
MCM has been reporting a balance of $26,822 against this account to all 3 credit reporting agencies on my credit report
As per Sunga v. Rees Broome, P.C., 2010 U.S. Dist. LEXIS 81970 (August 12, 2010), Misstating the amount a Consumer owes by a mere penny may constitute a violation of the FDCPA. FDCPA prohibits the use of any false, deceptive, or misleading representations in an attempt to collect a debt. See 15 U.S.C. § 1692e
As per evidence presented above MCM has violated FDCPA and I request all references to this account to be deleted from my credit reports and completely removed from my credit file
Regards,
[redacted]
Re: Consumer complaint of [redacted]
0.5in; mso-add-space: auto;">Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 11, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 25, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on October 1, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on October 17, 2010. The balance at the time of purchase was $915.40.
[redacted] expresses a concern that her validation requests have been ignored. On June 4, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account to the three major credit reporting agencies.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Per [redacted]’s previous to no longer be contacted, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
November 18, 2016
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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] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 10, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the two accounts referenced in [redacted]’ complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 29, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 21, 2007, as a [redacted]./[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 9, 2011. The balance at the time of purchase was $301.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 8, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 22, 2007, as a[redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 31, 2012. The balance at the time of purchase was $2,981.91.
[redacted] expresses a concern that Midland Credit has ignored their request for validation. Midland Credit mailed [redacted] separate and unique validation letters – on June 6, 2013, for account no. [redacted], and on February 17, 2012, for account no. [redacted]. These letters informed them that Midland Funding had acquired the accounts, and of their 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 has not received any written correspondence from [redacted] pursuant to the [redacted] Finance Code. Please note, [redacted] advises that on July 1, 2016, she mailed a certified letter requesting validation of the account to Midland Credit at the 8875 Aero Dr. Ste 200 San Diego, CA 92123 address. In July 2015, Midland Credit moved offices from 8875 Aero Drive #200, San Diego, CA 92123 to 2365 Northside Drive, Suite 300, San Diego, CA 92108.
While no written correspondence requesting validation for the accounts has been received from [redacted], Midland Credit’s business records indicates that it received notices of possible disputes from the credit reporting agencies for the above-referenced accounts on June 17, 2016, and August 23, 2016.
In response to the notices of possible disputes for account no. [redacted], Midland Credit mailed a letter advising [redacted] that it needed more time to investigate their concerns on July 6, 2016. Subsequently, 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 account no. [redacted]. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [redacted] consumer credit files. A copy of the Universal Data Form showing the request which was sent to the credit reporting agencies is enclosed for [redacted]’ records.
With regard to account no. [redacted], upon receipt of [redacted]’ notices of possible disputes, verification information provided by the seller was mailed on July 6, 2016, and again on August 31, 2016. Although verification information provided by the seller was mailed to [redacted] in response to their previous notices of possible disputes for account no. [redacted], a copy of that documentation is again enclosed for their records.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for account no. [redacted] is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act for account no. [redacted].
If [redacted] is ready to resolve account no. [redacted], please have [redacted] call Account Manager [redacted] to assist them in reaching a resolution of the account balance.
In the meantime, per [redacted]’ request, account no. [redacted] has been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have called MCM on several occasions as well as faxed & mailed them proof directly from [redacted] showing this account was included in the bankruptcy. They have not made any attempt to help me resolve this issue until I contacted you (Revdex.com) I was told on several occasions that my fax & mail was never received. I have attached the letter from myself as well as what [redacted] sent me & the fax confirmation showing they went through. Thank you for all your help in this matter it is a shame that I had to go through all this before I could get any type of response.
Regards,
[redacted]
Dear [redacted]:
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Thank you for your letter inquiry dated April 30, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on December 28, 2011. Information provided by the seller,[redacted]., at the time of acquisition indicates this account was originated on July 10, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 30, 2009. The balance at the time of purchase was $677.67.
A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on March 24, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicate that it received the first correspondence requesting validation from [redacted] on January 6, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
In response to [redacted]’s dispute letter received January 6, 2014, although the request was not timely, verification information provided by the seller was mailed to [redacted] in response to her dispute on January 24, 2014. A copy of the verification information provided by the seller and previously mailed to [redacted] is enclosed.
[redacted] expresses a concern that the above-referenced account is missing information when she views her credit report. 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] obtained her credit report directly from the credit reporting agencies and information appears to be missing, Midland Credit requests she provide it with copies of the reports so it may conduct further investigation. 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.
If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to help settle this account balance. In the meantime, per [redacted]’s request, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs and Compliance
*Admitted in Minnesota, North Dakota, South Dakota and Wisconsin, Not Admitted in California
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
THANK YOU FOR YOUR ASSISTANCE IN THIS COMPLAINT. I ACCEPT THE RESOLUTION MIDLAND CREDIT MANAGEMENT OFFERED ON MY ACCOUNT .
SINCERLY [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.
With an attorney or not, my rights are being violated by this unscrupulous company. If they send any mail, they probably did it in the time I moved and that's why I probably didn't receive their mail. Miland Credit Management is very well known for their faulty principles and have been sued for that matter. How can a bussiness that is base on buying people's debts progress? Not sure and really don't care. But they can't continue destroying people's lives in the way they are doing it. But nothing last forever and even the longest night comes to and end; and I will surely live to be witness of companies like MCM come to an end. With an attorney or not, I'm the suppose owner of the debt, with an attorney or not, I'm suppose to be provided with whatever I ask regarding this account. Freaking liars. I want this nonsense to stop once and for all, and I want my credit report to be clean and clear from this scam period, or else.
Regards,
[redacted]
January 26, 2015
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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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 12, 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. During a search for the correct consumer, [redacted] phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Please note that Midland Credit had no information that it was contacting a wrong number for the consumer until a conversation on January 12, 2015 with [redacted]
[redacted] expresses a concern that Midland Credit representatives acted inappropriately. Midland Credit reviewed the call in question and has determined that no violation of company policy occurred, and that its representatives acted appropriately pursuant to applicable law. Please note that it is Midland Credit’s policy to verify the consumer’s information on each call, to ensure it does not disclose personal information to the wrong individual, as well as to protect the privacy of those with whom Midland Credit conducts business. Because [redacted] was not the correct consumer, the Midland Credit representatives with whom [redacted] spoke were unable to disclose any information to him.
[redacted] phone number was marked “Do Not Call” in Midland Credit’s computer system for the referenced account on January 12, 2015. Using the information provided in his complaint, his address has been 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]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland has never sent me a validation request at all and have ignored mine. They state I'm misinformed and don't know what a charge off is. I know what a charge off is and they are reporting OPEN ACCOUNTS in thier name and are using to different companies on my reports. They are reporting Midland Funding and Midland Credit Management all with the same account numbers but with different dates and information. The accounts are reported as open and pass due by months. How can I be past due for payments to them? On certain reports they have a collection notation. [redacted] cant verify account and sice they didnt buy the account from [redacted] directly how can they verify it and for that matter add interest.
I'd like to know how they came up with a $693 balance when there is no account from [redacted]. They need to prove what they say I owe. Wear is all the transactions that come up to $693 and the original contract they say I signed? They would need that original contract to verify all of this. They even said in their response that they didn't get the information from [redacted] but some other place I've never heard of. [redacted] can't verify it so how can Midland? And if the account was valid the Statue of Limitations would be up. They keep reporting inaccurate information and are re aging the account. I didnt want to mention this because it's personal but I guess I'm going to have to. I am a Disabled Veteran and due to my disabilities and circumstances beyond my control the Department of Veterans Affairs made it so I couldn't have credit of any kind. I could have no payments of any kind except my rent. I could not legally have or keep any type of accounts. I couldn't even have my own banking accounts. There was a beneficiary named that did all that.
The reason I got my reports and everything is because I worked my butt off did all the VA Programs and Requirements and just recently got the approval to take care of things myself. So legally I could get my reports and Midland showed up and shouldn't be there period. There is no way possible any off this is mine. If Midland wants continue on with this false account and information they need to talk to the Dept Of Veterans Affairs. I am protected from this by the Federal Government because they handled it all. They say this all started with [redacted] in 2005 it's 2014 and they won't quit reporting the inaccurate information. The sad thing is is that I've been a victim of this for years because they have been reporting this when I was unable to handle matters because of the rules from the VA. This is all fraudulent.
Midland also states, like they are the victim, that because of all the negative things said about them it influences consumers meaning me in their response. It was brought up by me because I didn't want it fixed then they just add it back on later. But a lot of the negative information out there has been verified and shows they have an abundant history of hurting consumers. They buy old "junk" or "zombie" debt they don't and/or cant verify and cause great harm to consumers financial lives by reporting inaccurate information. They need to show all the paperwork from the original contract, who they bought the information from and how it was verified as soon as they bought it to show cause for even going after the debt. I think I deserve all that.
This really upsets me because if it was mine there would be no problem and I would handle it. The problem is, is that it's not mine at all. They are being deceitful to the Revdex.com. The accounts are being reported open and that I'm not paying them but then they use a different name and say it's a collection. Then they insinuate that it's my fault as a consumer that I don't know what a charge off is. They are reporting an open account with negative and derogatory information. Have they even considered they could be wrong or that this may actually be a case of fraud wich has happened to me. They should be able to represent the original contract when it was opened all the transactions and how they calculate interest. If they own it they should have all this information and my original signature.
From what they say they investigated they should have all that information and documentation to back it up. They should be able to show who they bought the account from and how they verified it the day it was bought to know for sure they could collect. I feel I have to reveal my personal life just to prove they are wrong and that's not right. I feel my privacy is being invaded and yes I gave you some personal info just to show this is all wrong and should be removed immediately from my Credit Reports. When was the last time Midland contacted [redacted] about me? It seems they haven't they didn't even get the original account from [redacted] and I know [redacted] can't verify it. So if the original creditor can't verify it how can Midland. They have no proof just information they bought from another company not [redacted].
Midland needs to be investigated just on the basis they are reporting that I have an open account with them and I don't send the payments. I've never set up a payment plan with them they even stated they haven't heard from me. I would like to also point out and ask how they can just say they sent me a validation letter. Did they not send it return receipt requested on purpose so they could say they sent it? It alarms me of deceptive practices. I know that when I've gotten other letters from different companies they had to be signed for. If Midland would have sent that letter it would have be answered because this is not my debt. It's also alarming how they re age debt to try and avoid the Statue of Limitations wich is an illegal practice.
They say its from an original account from 2005!! I'm not sure what else I'm going to have to do without giving the world my personal information and losing more of my privacy. I hope that the last four digits they say are from people's social security numbers are not being published. The bottom line is, is that I'm being taken advantage of and Midland tries to make it sound like consumers (me) don't know what charge offs are and imply that consumers (me) get the wrong idea because of all the negative verifiable information about them out there that they do nothing wrong. In my case they have been wrong and have violated many of the laws set up to protect consumers like re aging and reporting open not charge off accounts on credit reports.
So I request everything I mentioned and asked for in this. Not to be redundant but I'll put what I request from them again to prove they are correct. First I'd like to know why they are reporting open accounts with balances and saying I'm months behind. Why they are reporting under different names with the only info that's the same is the account number. On my reports they have the account open and some have a notation of collection but it's an open negative account not just a collection being reported.
I request who they bought their information off of the date and time and how upon getting that information they verified it was ok to pursue. They didn't get any information from [redacted] who they say was the original creditor. I want to know how and when they verified the information with the original creditor. I want to see the original contract the transactions and balances along with my signature and address. I request how the interest was calculated and verified and wear in the original contract it says they can add interest. ( I'd also like to mention that now that they have seen recent activity they are adding more interest and wonder how they can just stop then decide years later to add interest again). That is against my rights. If they own the account now they should have all that information and be able to show it. I request proof they sent a validation request to me the date address and my signature confirmation. I would also like to know how they can verify an account the original creditor can't and anything they did to investigate fraud. This is causing great financial and emotional stress and they have no real proof to be doing this to me.
I am the victim here and I don't know if it's cause I'm a Disabled Veteran( I've had that happen) but I don't deserve to be treated like this. I'm man enough to admit if I'm wrong. In this case I Am Not Wrong and it's not right that Midland can act like they did all these things when they have no proof at all. They are trying to get out of this by acting like I don't know what a charge off is and trying to use the fact that since they have a lot of negative things said about them that that's why people like me challenge their mistakes wrong doings and illegal practices. They are trying to act like they are victims and they are not. Trying to say I don't know what a charge off is a deceptive tactic they are using to try to take the focus off of them reporting an open account saying Im behind months and using different names and information.
Please help me with all this. It is very frustrating and they know that. They want to drag it out thinking I'll pay just to be done with it. I'm not going to pay something that isn't mine and I shouldn't have to. They are doing a lot of wrong and even illegal things and need to be held accountable for their actions. I'm the little guy in all this and they are trying to make me pay for standing up for myself and that's not right. Another thing that bothers me is that if this account was right it would still be past the Statue of Limitations so it should still be off my credit reports.
They should have to show proof of everything. I respectfully request that Midland under all their names delete all their information on my credit reports and quit reporting negative information on this account. I request in writing from Midland that they have deleted everything and it will not reappear later.
Thank you for all your time in dealing with this matter and I hope it gets resolved to satisfaction in a timely manner.
I know your busy so thank you for taking the time out of your day to read this and help in dealing with this matter.
Regards,[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received December 18, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 18, 2015. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 6, 2001 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on July 6, 2011. The balance at the time of purchase was $30,378.98.
[redacted] expresses a concern that he has not received validation of the debt. On March 27, 2015, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on September 25, 2015. In response Midland Credit mailed [redacted] a letter stating the matter was being investigated. On November 4, 2015 a copy of the verification information provided by the seller was sent to [redacted]. A copy of that documentation is again enclosed for [redacted] records.
[redacted] also questions whether the account is collectible due to the expiration of the statute of limitations. A review of Midland Credit’s business records indicates that the statute of limitations expired on December 8, 2015. 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 for the above-referenced account will expire in December 2017.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit previously made the business decision to close the account. 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 were notified to delete Midland Credit’s reference to the collection account in question from [redacted] consumer credit files on October 9, 2015.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
medium;">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
May 15, 2015.
Midland Credit appreciates the opportunity to answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on March 21, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was
originated on November 28, 2007, as a [redacted] account number ending in [redacted]
in the name of [redacted], under the last four of the social security
number [redacted]. Subsequently, the account
was charged-off as an unpaid delinquent-debt on March 24,
2009. The balance at the time of purchase was $1,285.11.
[redacted] writes that she has never done business with Midland Credit. Please note, when a creditor "charges
off" an account, it means that the creditor no longer believes the
consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a
collection agency. Please note that the
underlying promissory obligation remains valid, due and owing. Just as the original creditor, [redacted], had the right to legally seek repayment of the promissory obligation, the
new third-party purchaser has the right to repayment of the credit
account. The above-referenced account
remains collectible, due and owing to Midland Credit.
[redacted] also writes that Midland Credit did not notify her about the debt. On May 3, 2011, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had
acquired the account, and of her rights pursuant to the Fair Debt Collection
Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
The letter was not returned as “undeliverable” by the United States
Postal Service, satisfying the notification requirements of the FDCPA. 15
U.S.C. § 1692.
Midland
Credit’s business records indicate that it did not receive any written
correspondence disputing the debt or requesting validation from [redacted] in
response to the letter. In fact, no written
correspondence was received directly from [redacted] prior to the complaint
filed through your office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
A
review of Midland Credit’s business records indicates that it is accurately
reporting the above-referenced account to the three major credit reporting
agencies. If [redacted] is ready to resolve
the above-referenced debt, she may qualify for a reduction in the account
balance. Please have [redacted] call Account
Manager [redacted] at [redacted] to assist her in reaching a
resolution of the account balance.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted].
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Midland Funding has never provided me with any legal proof that this is my account and instead hides behind certain loop holes in the legal system stating they do not have to show me proof that I ever orderd, received or signed for anything. This statement in itself shows that Midland funding is a con and scam company. They can create any account they want and hide behind loopholes and refuse to legally prove this is my account. BNow after the threat of a lawsuit Midland in now closing the account and telling the credit bureaus to delete the account. However they have been reporting a FRAUDULENT account on my credit for almost a year. We have disputed this account for almost a year and all they have ever done is say the account has been verified and yet after repeatedly informing them that this is no my account and giving them a police report case # for identity theft. hey continued to report the account as verified and refused to investigate or do anything.
Not until I filed a complaint with Revdex.com did they make any effort to investigate and as their track records show, they lie and scam and so I can safely assume that Midland has never contacted [redacted] Police department because I contacted [redacted] Police department last week and verified the case #. In any matter, Midland is now trying to rectify their wrong doing and that is appreciated but much too late. I will be seeking legal action against midland Funding for Punitive damages because they have been falsely reporting to the 3 credit bureaus. I have recorded phone conversations and letters form Midland dating all the way back to may and in none of the letters of phone conversations did Midland ever say that they needed an affidavit or police records. They were informed that [redacted] takes complaints over the phone and does not give out a police report and instead gives us a case # and yet they still refused to do anything and instead as recorded conversations will show, each time I contacted Midland funding they blatantly refused to talk to me about my own account because I told them that I should contact an attorney. Midland funding thinks that they are above the law and can bully consumers and it is time they learn the hard way.
I will be watching my credit report on Sept. 1 to see if it has been removed, if not I will immediately file a lawsuit against Midland funding for punitive damages as I have been tryimng to buy a home and their false report on my credit report has prevented me from it.
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 completely. For your reference, details of the offer I reviewed appear below.
It is not satisfactory because they have already cause damage and now want to say they will remove it form my credit now and think that will solve things. Then they have complaints with Revdex.com that are resolved and yet it is not resolved because the damage has already been done and the experience with this company has already been extremely bullyish and for them to say, OK we will delete it now, does not resolve the damage they have done.
Regards,
[redacted]
Midland Funding showed up on my credit report out of nowhere. Saying that I owe a debt to them and I never even heard of them.
After looking them up I see the fraudulently act like they purchase a old debt on your credit report with a fake bill of sale. I want them to...
send me proof a validation that I owe this money to them with my signature on any documents.
Dear [redacted]:
Thank you for your follow-up letter inquiry dated March 26, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
Please note that Midland Credit provided all relevant account identifying information in its previous letter response to your office, dated March 18, 2014. In his follow-up, [redacted] questions where he should send his notarized Identity Theft Affidavit. [redacted] may forward the appropriate documentation to Consumer Support Services at the address on this letterhead. An Identity Theft Affidavit is enclosed for [redacted]. [redacted] should complete the form and have the form notarized. Once received, Midland Credit will thoroughly review the Affidavit.
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
December 3, 2015
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 13, 2015. [redacted] continues to stand firm in his assertion that he paid the account in full in order to have the debt removed from his credit. Midland Credit reiterates that [redacted] appropriately and correctly advised [redacted] of how the account would be reported to Midland Credit once paid. Additionally, the account information Midland Credit is furnishing to the three major credit reporting agencies is accurate.
Midland Credit will continue furnishing account information for the above referenced account as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” As previously stated, if Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
Thank
you for your follow-up letter
inquiry dated March 11, 2014,
regarding [redacted]’ complaint,
which Midland Credit
Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit provided all the relevant account information in its
previous letter response to your office dated February 10, 2014. In her follow-up [redacted] again writes
that Midland Credit is reporting the account as a “key derogatory.” Please note that Midland Credit’s position
has not changed. Its business records
indicate that it is accurately reporting the above-referenced account to the
credit reporting agencies as required. Again,
the credit bureaus determine which accounts should be marked as a “key
derogatory” and marks them as such. Midland
Credit has no control over such demarcation.
[redacted] is encouraged to communicate directly with the credit
bureaus should she have any further concerns regarding the “key derogatory”
notation.
Aside from the above, Ms.
[redacted] requests that Midland Credit provide a copy of the original
contract. Please note that while Midland
Credit was not required to provide anything to [redacted] previously, it
included a copy of the bill of sale with its previous response verifying Midland
Funding as the rightful owner of the account. The original contract, complete payment
history, and a full set of billing statements are not required to validate a
debt under the Fair Debt Collection Practices Act. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Based on the information provided by the seller, Midland Credit has
determined that its credit file and credit reporting of the above-referenced
account is accurate. Midland Credit will
be closing its investigation of [redacted]’s dispute and will be resuming
regular collection activities as allowed by the [redacted] Finance Code and the Fair
Credit Reporting Act.
[redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] to discuss repayment options.
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.
I receive the letter today about my complaint from Revdex.com. I m understanding they have to leave the late payment from the Midland Credit company- on my credit until 20016.
The want me to pay a minimum of 161.00 a month, which I had a prior agreement of 25.00 a month until I told them I was working something out with the (Revdex.com) in which I didn’t tell them who?
Now they don’t want to work with me for a lesser payment.
[redacted]
Security
[redacted]
[redacted]
Dear [redacted]:
class="MsoNormal">
Thank you for your letter inquiry dated April 9, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on December 15, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 17, 2005 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 19, 2008. The balance at the time of purchase was $703.32.
[redacted] 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 Ms. Dudley’s concern Midland Credit does not alter or modify any of the original account information provided by the seller, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller. The open date listed on [redacted] credit report is in fact the date of purchase by Midland Funding LLC. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date being reported on this account reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
She also states that the account should have fallen off her credit report as it was first placed in 2007. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for the above-referenced account will expire in August 2014. Please note that this does not extinguish the debt; rather, it prevents the account from being reported to the credit reporting agencies. The account will still remain collectible, due and owing to Midland Credit. 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.
If [redacted] is ready to settle the above-referenced debt, [redacted] 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 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]
March 4, 2016
Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear Ms[redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 19, 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] for which Midland Credit is currently furnishing account information to the three major credit reporting agencies.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 26, 2012, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 24, 2014. The balance at the time of purchase was $1,465.38.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on April 22, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on October 4, 2012, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 10, 2014. The balance at the time of purchase was $807.63. Final payment on the account was received by Midland Credit on January 11, 2016. [redacted] has no further financial obligation for this account.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on April 30, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 27, 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 March 18, 2014. The balance at the time of purchase was $570.21. Final payment on the account was received by Midland Credit on January 11, 2016. [redacted] has no further financial obligation for this account.
[redacted] indicates that she paid two accounts believing that they would be removed from her credit report. While Midland Credit is pleased that it was able to assist [redacted] in reaching a resolution which resolved the balance for account nos. [redacted] and [redacted], please note that it is Midland Credit’s policy to furnish accurate account information. A review of Midland Credit’s business records indicates that it is accurately furnishing information for account nos. [redacted] and [redacted] as “Account paid in full, was a collection account” with an additional memo “Account paid in full for less than the full balance.” If Midland Credit were to delete the accounts, their correct and accurate status would not be reflected. Midland Credit’s business records further indicate that [redacted] was advised that the accounts would report with the above status upon the resolution of the balances.
Regarding account no. [redacted], on June 9, 2014, Midland Credit mailed [redacted] a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692). Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. In fact, no correspondence was received directly from [redacted] prior to the complaint filed through your office.
A copy of the verification information provided by the seller is enclosed for [redacted]’s records. Please note that the verification information provided by the seller meets the requirements of the FDCPA. The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
[redacted] indicated that she was threatened that action would be taken through the state to collect this. Please note, there are several factors used to determine the eligibility of accounts for legal efforts. As a result, the account has been determined to be eligible for legal efforts. Midland Credit acted appropriately in advising that non-payment on the account may result in the account being forwarded to a law firm in [redacted]’s area to review for possible legal efforts to collect the balance. This was an accurate statement of potential next steps to be taken on the account.
[redacted] alleges that Midland Credit representatives have called her excessively, at times not allowed by law. Please be assured that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. Midland Credit’s determination of which local time should control the ability to call is based on information then available to it, including the address, and/or phone number’s area code. Information attached to the accounts indicates [redacted] resides in [redacted]. Based on that information, all calls were placed after 8:00am and prior to 9:00pm Eastern Standard Time, and Midland Credit did not attempt to call [redacted] more often than what is allowable.
Per [redacted]’s previous concerns, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ([redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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.
Provided credit card statements from Account Number demonstrates that the balance is $21,062, Please provide details on how the alleged amount of $26,822 was calculated, MCM has been reporting this balance against this account to all 3 credit reporting agencies on my credit report
As per Sunga v. Rees Broome, P.C., 2010 U.S. Dist. LEXIS 81970 (August 12, 2010), Misstating the amount a Consumer owes by a mere penny may constitute a violation of the Fair Debt Collection Practices Act.
The FDCPA prohibits the use of any false, deceptive, or misleading representations in an attempt to collect a debt. See 15 U.S.C. § 1692e
Once MCM provides the requested documentation, I will require 30 days to investigate the information. If MCM does not respond to this request within 30 days, all references to this account must be deleted from my credit reports and completely removed from my credit file. Send a copy of any such deletion request to me.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
FDCPA states that A debt collector may not collect any interest or fee not authorized by the agreement or by law
As per MCM "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"
I have not received any such agreement from the original creditor, As per law the MCM is not authorized to collect interest unless it is authorized, I request MCM to provide a contract from original creditor stating that MCM is authorized to collect interest on this account
MCM never mentioned till date that they have added 6% interest rate between June 2011 and December 2014, A [redacted] judge in Jones v. Midland Funding, LLC, 755 F. Supp. 2d 393 (D. Conn. 2010), granted summary judgment to Jones, holding that Midland violated Section 1692g(a)(1) where MCM never mentioned interest accrual
As per MCM the alleged account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $21,594.87. MCM has added interest at a rate of 6% between June 2011 and December 2014
MCM did not mention if the interest charged was simple or compounded, even if 6% compound interest is added to original balance of $21,594.87 for 43 months including both June 2011 and December 2014 the total compounded interest should be $5,165.45 combined with principal total due would be $26,760.32
MCM has been reporting a balance of $26,822 against this account to all 3 credit reporting agencies on my credit report
As per Sunga v. Rees Broome, P.C., 2010 U.S. Dist. LEXIS 81970 (August 12, 2010), Misstating the amount a Consumer owes by a mere penny may constitute a violation of the FDCPA. FDCPA prohibits the use of any false, deceptive, or misleading representations in an attempt to collect a debt. See 15 U.S.C. § 1692e
As per evidence presented above MCM has violated FDCPA and I request all references to this account to be deleted from my credit reports and completely removed from my credit file
Regards,
[redacted]
Re: Consumer complaint of [redacted]
0.5in; mso-add-space: auto;">Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 11, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on May 25, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on October 1, 2006, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on October 17, 2010. The balance at the time of purchase was $915.40.
[redacted] expresses a concern that her validation requests have been ignored. On June 4, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint, and was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it is accurately furnishing information for the above-referenced account to the three major credit reporting agencies.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted] to assist her in reaching a resolution of the account balance.
Per [redacted]’s previous to no longer be contacted, the above-referenced account will remain marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
November 18, 2016
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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] and [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’ complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 10, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of the two accounts referenced in [redacted]’ complaint. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on May 29, 2013. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on December 21, 2007, as a [redacted]./[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 9, 2011. The balance at the time of purchase was $301.00.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 8, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 22, 2007, as a[redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 31, 2012. The balance at the time of purchase was $2,981.91.
[redacted] expresses a concern that Midland Credit has ignored their request for validation. Midland Credit mailed [redacted] separate and unique validation letters – on June 6, 2013, for account no. [redacted], and on February 17, 2012, for account no. [redacted]. These letters informed them that Midland Funding had acquired the accounts, and of their 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 has not received any written correspondence from [redacted] pursuant to the [redacted] Finance Code. Please note, [redacted] advises that on July 1, 2016, she mailed a certified letter requesting validation of the account to Midland Credit at the 8875 Aero Dr. Ste 200 San Diego, CA 92123 address. In July 2015, Midland Credit moved offices from 8875 Aero Drive #200, San Diego, CA 92123 to 2365 Northside Drive, Suite 300, San Diego, CA 92108.
While no written correspondence requesting validation for the accounts has been received from [redacted], Midland Credit’s business records indicates that it received notices of possible disputes from the credit reporting agencies for the above-referenced accounts on June 17, 2016, and August 23, 2016.
In response to the notices of possible disputes for account no. [redacted], Midland Credit mailed a letter advising [redacted] that it needed more time to investigate their concerns on July 6, 2016. Subsequently, 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 account no. [redacted]. In addition, the three credit-reporting agencies have been notified to delete Midland Funding’s reference to the collection account in question from [redacted] consumer credit files. A copy of the Universal Data Form showing the request which was sent to the credit reporting agencies is enclosed for [redacted]’ records.
With regard to account no. [redacted], upon receipt of [redacted]’ notices of possible disputes, verification information provided by the seller was mailed on July 6, 2016, and again on August 31, 2016. Although verification information provided by the seller was mailed to [redacted] in response to their previous notices of possible disputes for account no. [redacted], a copy of that documentation is again enclosed for their records.
Please note that based on the information provided by the seller, Midland Credit has determined that its credit file, and the information being furnished for account no. [redacted] is accurate. Midland Credit will be closing its investigation of [redacted]’ dispute and will be resuming regular collection activities as allowed by the [redacted] Finance Code and/or the Fair Credit Reporting Act for account no. [redacted].
If [redacted] is ready to resolve account no. [redacted], please have [redacted] call Account Manager [redacted] to assist them in reaching a resolution of the account balance.
In the meantime, per [redacted]’ request, account no. [redacted] has been marked “Cease and Desist.” While account no. [redacted] remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I have called MCM on several occasions as well as faxed & mailed them proof directly from [redacted] showing this account was included in the bankruptcy. They have not made any attempt to help me resolve this issue until I contacted you (Revdex.com) I was told on several occasions that my fax & mail was never received. I have attached the letter from myself as well as what [redacted] sent me & the fax confirmation showing they went through. Thank you for all your help in this matter it is a shame that I had to go through all this before I could get any type of response.
Regards,
[redacted]
Dear [redacted]:
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Thank you for your letter inquiry dated April 30, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on December 28, 2011. Information provided by the seller,[redacted]., at the time of acquisition indicates this account was originated on July 10, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on January 30, 2009. The balance at the time of purchase was $677.67.
A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on March 24, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicate that it received the first correspondence requesting validation from [redacted] on January 6, 2014, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
In response to [redacted]’s dispute letter received January 6, 2014, although the request was not timely, verification information provided by the seller was mailed to [redacted] in response to her dispute on January 24, 2014. A copy of the verification information provided by the seller and previously mailed to [redacted] is enclosed.
[redacted] expresses a concern that the above-referenced account is missing information when she views her credit report. 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] obtained her credit report directly from the credit reporting agencies and information appears to be missing, Midland Credit requests she provide it with copies of the reports so it may conduct further investigation. 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.
If [redacted] is ready to settle this debt, she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to help settle this account balance. In the meantime, per [redacted]’s request, the above-referenced account has been marked “Direct Mail Only.” While it remains due and owing, [redacted] will no longer receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs and Compliance
*Admitted in Minnesota, North Dakota, South Dakota and Wisconsin, Not Admitted in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted] and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
THANK YOU FOR YOUR ASSISTANCE IN THIS COMPLAINT. I ACCEPT THE RESOLUTION MIDLAND CREDIT MANAGEMENT OFFERED ON MY ACCOUNT .
SINCERLY [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.
With an attorney or not, my rights are being violated by this unscrupulous company. If they send any mail, they probably did it in the time I moved and that's why I probably didn't receive their mail. Miland Credit Management is very well known for their faulty principles and have been sued for that matter. How can a bussiness that is base on buying people's debts progress? Not sure and really don't care. But they can't continue destroying people's lives in the way they are doing it. But nothing last forever and even the longest night comes to and end; and I will surely live to be witness of companies like MCM come to an end. With an attorney or not, I'm the suppose owner of the debt, with an attorney or not, I'm suppose to be provided with whatever I ask regarding this account. Freaking liars. I want this nonsense to stop once and for all, and I want my credit report to be clean and clear from this scam period, or else.
Regards,
[redacted]