Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated October 6, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions. [redacted] 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 June 21, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 8, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 2, 2010. The balance at the time of purchase was $1,341.16.
[redacted] expresses concern that Midland Credit attempted to process a payment prior to the agreed upon date. A review of Midland Credit’s business records indicates that on August 14, 2014, during a conversation with a Midland Credit representative, [redacted] agreed to a repayment plan that consisted of seven monthly payments of $105.37, on the 5th of every month, starting September 5, 2014. It appears that due to administrative oversight, the Midland Credit representative did not change the date to the 5th, so the system recognized that the repayment plan began on the same date.
On August 21, 2014, when the oversight was discovered, the account manager attempted to call [redacted] back to inform her of the error. The call was subsequently transferred to a Group Manager, who attempted to inform [redacted] that no funds were taken because the account number entered into the system was invalid. Midland Credit sincerely apologizes for any inconvenience [redacted] may have experienced.
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 her at ([redacted] ext. [redacted] if she wishes to reinstate the payment plan arrangement or discuss other repayment options.
Lastly, [redacted] also mentions that she receives income from Social Security benefits. As stated in Article 3 of its Consumer Bill of Rights, Midland Credit stands ready to assist [redacted], and will cease collection activities, when it receives documentation indicating that [redacted]’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that [redacted] has no access to other assets. [redacted] may submit the appropriate documentation to Consumer Support Services at the address on this letter head. In the meantime, the above-referenced account will remain coded “cease and desist.”
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
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 27, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 15, 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 June 22, 2014. The balance at the time of purchase was $1,944.55.
[redacted] expresses concern that Midland Credit representatives refused to provide her with validation documentation. A review of Midland Credit’s business records indicates that [redacted] spoke with Midland Credit representative [redacted] twice on April 9, 2015. Midland Credit’s review of the conversations does not appear to indicate that [redacted] refused to provide [redacted] with validation documentation.
Midland Credit sent [redacted] a validation letter on May 1, 2015. The letters were mailed to [redacted] via the United States Postal Service. The letters were not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692.
In the letters, Midland Credit provided the required disclosure of rights set forth in the FDCPA. 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).
The complaint [redacted] filed was received in a timely manner pursuant to applicable law. Upon receipt, Midland Credit acknowledged [redacted]’s dispute and annotated the account as disputed. Midland Credit has received verification information from the seller, a copy of which is enclosed for [redacted]’s records.
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] or her attorney call [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, pursuant to [redacted]’s request to cease collection activities, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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 no recollection of ever speaking with this creditor in 2011, and acknowledging such debt. I stand by my statement that it is in fact fraudulent. This company has no proof that I initiated any on-going activity with their debtor. My credit file has had a continued FRAUD ALERT since 2008.
You have never attempted to contact me, of course, if you did, it would have been disputed continually. You have evidence that it's been disputed in the past and you continue to pursue something that is not valid.If you expect me to have a police report involving something I had no knowledge of since 2010, you're mistaken, delusional, and misguided as a "professional" Lawyer. Expect an Attorney General's complaint in regards to this, soon. Explain it to your state about how you've continued to pursue a debt on fraudulent activity, which you cannot prove. Expect your company to provide your state with valid proof of this debt!
Regards,
[redacted]
September 14, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re:
pre"> Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 28, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 25, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 13, 2009 as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on August 29, 2011. The balance at the time of purchase was $668.76.
[redacted] writes that there is no signed contract with Midland Funding or its servicer, Midland Credit. Consumers are sometimes unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
On May 14, 2014, Midland Credit mailed [redacted] a validation letter. The letter was mailed to [redacted] via the United States Postal Service and 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.
Upon receipt of [redacted]’s complaint, Midland Credit acknowledged her dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Midland Credit has since obtained verification information from the seller. A copy of the verification information is enclosed.
[redacted] 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 has expired. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy. The above-referenced account still remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
Since receipt of the complaint, [redacted] has called Midland Credit to discuss payment options to resolve the balance of the account. Should [redacted] have any questions regarding her payment arrangement, she may reach her Account Manager [redacted] at [redacted]
[redacted] requests that this account be removed from all three credit bureaus immediately. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry dated July 1, 2014
New Roman';">, regarding Ms. [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.
Ms. [redacted] filed a similar complaint through the Consumer
Financial Protection Bureau (“CFPB”).
Given that Midland Credit’s response to the complaint from your office
would include the same information as the responses which Midland Credit
previously provided the CFPB, a copy of that response 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 14, 2012. Information
provided by the seller, Equable Ascent Financial, LLC, at the time of
acquisition indicates this account was originated on March 1, 2006 as a GE
Money Bank/JC Penney Credit Card account number ending in [redacted], in the name of
[redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on August 10, 2011.
The balance at the time of purchase was $1,139.67.
A review of Midland
Credit’s business records indicates that on October 20, 2013, this account was
outsourced to Midland Credit’s Internal Legal Collections Department (“Internal
Legal”). Their mailing address is PO Box
939033, San Diego, CA 92193. Their telephone number is (866) 626-5053. I have
forwarded them a copy of Ms. [redacted]’ complaint.
A review of Internal Legal’s business records indicates that suit was
appropriately filed against Ms. [redacted] on January 23, 2014 and service took
place on March 4, 2014. Ms. [redacted]
subsequently filed an answer which was received on March 24, 2014.
Ms. [redacted] expresses
concern that litigation continued after she had settled the debt in full.
Further review of Internal Legal’s business records indicates that on April 4,
2014 it received correspondence from Ms. [redacted] which offered a payment of $550
to settle the account. In response to that offer, Internal Legal mailed Ms.
[redacted] a letter on April 14, 2014 offering to accept a settlement of $850.
Internal Legal has advised that after the settlement letter was sent to her,
they did not receive any calls or a letter from Ms. [redacted] expressing her desire
to accept the settlement. As such, when a payment was received the system did
not recognize the payment as a settlement in full which caused the litigation
to continue.
With that said,
Internal Legal is currently taking the necessary steps to dismiss the case with
prejudice and to close the account to reflect a paid status. There will be no
further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting
agencies will be notified to delete all reference to the account in question
from Ms. [redacted]’ consumer credit files.
Midland Credit respectfully declines Ms. [redacted]’ request for monetary
compensation.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit apologizes
for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (800) 825-8131 ext. [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I was hoping it did not have to come to this. Accounts referenced in this Revdex.com complaint were opened fraudulently by my brother [redacted]. He knew my SSN and Drivers License. He was
incarcerated in 2006-2011 and deported from the U.S. in June 2011 for this and amongst other things. I reported these
frauds to [redacted] in 2007 when he confessed fraud to me. Fraud alerts were entered and still exists to this day. Being that he is not in the country any longer it has been difficult for me to press charges and law enforcement to prosecute.
I do not use credit at all, but this year I decided to apply for a credit card after all these years and was turned down after learning that these accounts were still being reported. The 3 CRA's affirmed to me that these accounts would be removed once I mailed them some documents which I did.
I have been working directly with some of the original creditors in regards to these frauds and have been faxing documents they ask in support of the fraud. Please note I am not at liberty to produce these legal documents via this medium but if Midland deems them necessary, they can request them from the CRA's as I have supplied them with the law enforcement, legal and court documents they requested in my Disputes.
[redacted]
[redacted] [redacted]ACCEPTABLE RESOLUTION/REQUEST:
In the interest of justice and as a courtesy I ask that Midland deletes or stops reporting the referenced accounts effective immediately pending the investigation of this case whether they are valid debts or not. Failure to stop reporting may lead me to seek relief via other legal venues.
Best Regards,
[redacted]
Dear [redacted]
:
0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the responses which Midland Credit previously provided to the CFPB, a copy of said responses are enclosed.
As stated in Midland Credit’s earlier responses, an investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on March 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 20, 2008 as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 21, 2009. The balance at the time of purchase was $1,206.13.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on February 18, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 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 February 28, 2009. The balance at the time of purchase was $1,597.32.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced accounts, on April 29, 2012 for account no. [redacted] and on February 24, 2011 for account no. [redacted], Midland Credit mailed [redacted] separate and unique validation letters. Those letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements of the FDCPA.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no written correspondence was received from [redacted] prior to her complaint, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such notices at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records indicates that it was accurately reporting the above-referenced accounts to the three major credit reporting agencies.
With that said, while [redacted]’s request for verification information was untimely, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the accounts as disputed, and commenced the process of verifying the debts. Midland Credit eventually received verification of the debt for account [redacted], a copy of which is enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Regarding account no. [redacted] Midland Credit has acted in a timely manner and has complied with applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of account no. [redacted]. In addition, the three credit-reporting agencies will be notified to delete all reference to this account from [redacted]’s consumer credit files.
If [redacted] is ready to settle account [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] for assistance in reaching a resolution that will settle the debt.In the meantime, account [redacted] remains marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
I have no idea who this company is and who they represent. They have called my 94 year old mothers home looking for me. I've called the number back to complain, left voicemails, and nobody has answered me. I've even emailed them; no response. This is quite bothersome and truly pisses me off. I have no idea what they want.
Dear [redacted]
Thank you for your follow-up
letter
inquiry dated May 5, 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.
Based
on the new information provided by [redacted] an investigation of this matter
indicates that Midland Credit is the servicer of accounts belonging to another
consumer with the same name as [redacted] During a search for the correct consumer, [redacted] address 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.
[redacted] address has been marked “Do Not Mail” in Midland Credit’s computer
system for the referenced accounts.
Please assure [redacted] that he will no longer receive correspondence
from Midland Credit representatives regarding the referenced accounts. Additionally, an update for each account has
been sent to the credit reporting agencies to delete the accounts from [redacted] consumer credit files.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
Dear [redacted]
:
0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on August 28, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 24, 2006 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted] The first delinquency occurred on April 29, 2008. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 26, 2008. The balance at the time of purchase was $240.15.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on August 28, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on August 6, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] The first delinquency occurred on January 27, 2010. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 26, 2010. The balance at the time of purchase was $435.94.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced accounts, Midland Credit mailed [redacted] separate and unique validation letters on September 3, 2012 for both accounts. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, although [redacted] states a certified letter was received by Midland Credit, no such correspondence was received from [redacted] prior to the complaint filed through your office.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
While [redacted]’s request is untimely, a copy of the verification information provided by the seller for account no. [redacted] is enclosed for her records. With that said, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, if [redacted] is ready to settle the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to you, as well as settle the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 28, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 17, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 2, 2010 as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 20, 2012. The balance at the time of purchase was $759.90.
[redacted] expresses a concern that interest was added to the above referenced account. Midland Credit sent [redacted] a validation letter on July 21, 2012. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received a notice of a possible dispute from the credit reporting agencies on July 31, 2015. On August 19, 2015 Midland Credit sent [redacted] a letter requesting more information regarding the basis of his dispute with a copy of the verification information provided by the seller.
An additional review of Midland Credit’s business records indicate that it received the first written correspondence requesting validation from [redacted] on November 6, 2015. Based on the information [redacted] provided, and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on or about November 23, 2015 advising him that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. Midland Credit also requested that [redacted] send any additional documentation to support his dispute.
In response to [redacted]’ concern that interest was added in the amount of $282.17, please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. The verification information provided by the seller meets the requirements of the FDCPA.
A review of Midland Credit’s business records indicate that [redacted] spoke with one of its representatives on February 2, 2016. During the conversation [redacted] indicated that he was unaware of the charges that were being made to his account and provided additional details that Midland Credit did not have when responding to the complaint he filed through the Consumer Financial Protection Bureau on January 11, 2016. During that conversation [redacted] was advised that Midland Credit would 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 have been notified to delete Midland Credit’s reference to the collection account in question from [redacted]’ consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated September 12, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] 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 January 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 25, 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 June 30, 2010. The balance at the time of purchase was $4,298.71.
[redacted] expresses a concern that their validation requests have not been met. On February 5, 2012, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their 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 [redacted], the same address listed within their complaint through your office, via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on July 15, 2014.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also states that they had no prior knowledge of the account before seeing it listed on their credit report. A review of Midland Credit’s business records indicates that its representatives spoke with [redacted] on February 4, 2012, March 7, 2012, and April 17, 2012. A payment plan was set up with Midland Credit on April 17, 2012, however no payments were received.
With no resolution in place, on May 27, 2012, this account was outsourced to the law firm of [redacted] located at [redacted]. Their phone number is [redacted] Midland Credit has forwarded a copy of the complaint to the firm.
When asked about their collection efforts, [redacted] advised that they have been in contact with [redacted] over the phone since the account was outsourced to their firm in 2012, but that no written correspondence had been received. Their business records indicate [redacted] had negotiated a settlement amount on June 28, 2012, but that no payments were received.
Again, with no resolution in place, appropriate legal action was taken and a default judgment was obtained on January 24, 2013. After the judgment had been obtained, [redacted] advised that [redacted] called in again to negotiate a settlement and agreed to a stipulation amount of $2,800.00, and requested paperwork to that effect. The letter was mailed on or about February 1, 2013, however no response was received and no payments were made.
During the time that the account has been with [redacted], Midland Credit received letters disputing the credit reporting of the account and asking for validation from [redacted], beginning with the dispute letter referenced above, which was received by Midland Credit on July 15, 2014. In response to the dispute letter, a copy of the judgment was mailed to [redacted] on July 29, 2014, along with a letter advising them that the above-referenced account was being reported accurately to the credit reporting agencies.
Copies of the verification information provided by the seller and the judgment obtained in the matter are enclosed. Additionally, a copy of the affidavit of service is attached. Based on the information available to it, Midland Credit must respectfully conclude that it and the firm have acted timely and appropriately. A review of Midland Credit’s business records indicates that it continues to accurately report the above-referenced account to the three major credit reporting agencies.
Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive resolution. As stated above, their phone number is [redacted] and they may send mail to the firm at [redacted] In the meantime, per their request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated October 13, 2015.
[redacted] continues to
assert that when he told the [redacted]
representative that he wanted to get the account paid and removed from his
credit report, the representative said they could help him with that. He also states that the representative
explained that the account would show as “Paid in Full”, however he could call
back after some time and have it removed.
As explained in Midland
Credit’s previous response, a review of [redacted] business records indicates
that their representative did not state the account could be deleted after it
had been paid. [redacted] was only
advised that the firm would report back to Midland Credit that the account was
“Paid in Full.” Midland Credit must
respectfully conclude that [redacted] was appropriately and correctly advised
on what would happen to the account once paid.
[redacted] also expresses
a concern that he was not served with a summons and is unaware of any suit
filed against him. [redacted] has advised
that the complaint was initially filed in the [redacted] then
transferred to [redacted] on May 27, 2015. The suit was filed in [redacted] on June 10, 2015. The firm advised
that [redacted] was not served after the transfer due to [redacted] paying the
account before service could take place.
Please note, the suit against [redacted] was dismissed on September 30,
2015 after receiving [redacted]’s payment on September 17, 2015. [redacted] has advised that the court will
send [redacted] a notice stating the same at [redacted]
[redacted] also states
that he has sent Midland Credit an intent to sue letter for several inaccurate
reporting offenses and for harm to his credit report. Please note, a review of both [redacted] and
Midland Credit’s business records do not indicate that such a letter has been
received. 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 find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Thank you for your letter inquiry dated June 3, 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 within its previous response letter to your office, dated May 12, 2014. In their follow-up, [redacted] writes that they are still requesting validation on the above-referenced account. Midland Credit’s position related to this issue has not changed. As referenced within its previous response letter, a review of Midland Credit’s business records indicates that it has acted timely and accurately pursuant to applicable law.
Additionally, [redacted] questions whether Midland Credit is reporting accurately as a “Factoring Company” on their consumer credit files. Please note that e-OSCAR, the online credit reporting system, provides the following definition of a factoring company: “Factoring Company - A company that purchases accounts with the intent of collecting debts owed.” Midland Credit has been advised by two credit reporting agencies that it should be classified as a factoring company for credit reporting purposes. Midland Credit is accurately reporting the above-referenced account to the three major credit reporting agencies.
Per [redacted] request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing,[redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact 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
class="MsoBodyText3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 19, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of that response is enclosed.
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
August 24, 2015
justify;" class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 11, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two (2) accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on July 20, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 25, 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 November 17, 2009. The balance at the time of purchase was $17,136.05.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 30, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 29, 2002 as an [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $3,727.92.
Mr. [redacted] expresses concern that the account is reporting as open on his consumer credit files. As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
Mr. [redacted] also expresses concern that the account is reflecting a current balance date of July 2015 on his consumer credit files. Midland Credit submits updates to the credit reporting agencies each month to ensure the most accurate and up-to-date information is being provided by it.
Mr. [redacted] is encouraged to communicate directly with the credit bureaus should they have any further concerns. Based on the law and guidelines governing credit reporting, it would appear that the accounts are being correctly reported. In addition, if Mr. [redacted] obtained the 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.
Mr. [redacted] also requests that Midland Credit provide verification of the debts. Midland Credit mailed Mr. [redacted] separate and unique validation letters – on July 27, 2011, for account no. [redacted], and on January 16, 2012, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to Mr. [redacted] at the same address listed within his complaint, and were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from Mr. [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Mr. [redacted] on July 30, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debts.
Although the July 30, 2015 request was not timely, verification information provided by the seller for account no. [redacted] was mailed to Mr. [redacted] in response to the dispute on or about August 4, 2015. A copy of the verification information provided by the seller is enclosed. If Mr. [redacted] is ready to resolve these debts, he may qualify for a reduction in the account balances. Please have Mr. [redacted] call a Midland Credit Account Manager at [redacted] to assist in reaching a resolution of the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Thank you for your letter inquiry dated August 7, 2014,
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on December 28, 2012. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on July 8, 2011 as a
[redacted] account number
ending in [redacted] in the name of [redacted], under the last four of the
social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 19, 2012. The balance at the time of purchase was $946.85.
[redacted] expresses
a concern that his validation requests have been ignored. On January 12, 2013,
Midland Credit mailed [redacted] a validation letter, which informed him
that Midland Funding had acquired the account, and of his rights pursuant to
the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letter was mailed to the same address listed within
[redacted]’s complaint via the United States Postal Service, and was not
returned as “undeliverable” – satisfying the requirements set forth within the
FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. In fact, no correspondence
was received 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.
With
that said, Midland Credit has recently received notice that the account was
sold in error, and is currently in the process of being recalled by the
seller. Midland Credit has instructed
the three major credit-reporting agencies to delete any reference to the
above-referenced account from [redacted]’s consumer credit files. Going forward, please have [redacted] contact
the seller to assist him with regards to the above-referenced account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact 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 May 6, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Please note that
Midland Credit provided all relevant account identifying information in its
previous response letter to your office, dated April 28, 2014. In his follow-up, [redacted] requests that
Midland Credit delete the account from his consumer credit files because the
verification information was not provided to him. Again, while his December 9, 2013 request was
untimely, contrary to his complaint, Midland Credit did provide the
verification information provided by the seller to him on December 13,
2013. A copy was included in Midland
Credit’s previous response.
Additionally,
Midland Credit has a strict business policy to report all accounts
accurately. Midland Credit is accurately
reporting the above-referenced account to the credit reporting agencies. If [redacted]’s account was deleted, its true
and accurate status would not be reflected.
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]
To whom it may concern:
Attached are copies of proof to support my complaint against Midland Credit Management Inc aka or also doing business as Midland Funding LLC.
The complaint was submitted yesterday but I have only received an automated response to the...
complaint. I do not believe the Revdex.com office of San Diego has proccessed the claim yet.
If you need any more information from me please let me know.
Thank you,
[redacted]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated October 6, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions. [redacted] 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 June 21, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 8, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 2, 2010. The balance at the time of purchase was $1,341.16.
[redacted] expresses concern that Midland Credit attempted to process a payment prior to the agreed upon date. A review of Midland Credit’s business records indicates that on August 14, 2014, during a conversation with a Midland Credit representative, [redacted] agreed to a repayment plan that consisted of seven monthly payments of $105.37, on the 5th of every month, starting September 5, 2014. It appears that due to administrative oversight, the Midland Credit representative did not change the date to the 5th, so the system recognized that the repayment plan began on the same date.
On August 21, 2014, when the oversight was discovered, the account manager attempted to call [redacted] back to inform her of the error. The call was subsequently transferred to a Group Manager, who attempted to inform [redacted] that no funds were taken because the account number entered into the system was invalid. Midland Credit sincerely apologizes for any inconvenience [redacted] may have experienced.
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 her at ([redacted] ext. [redacted] if she wishes to reinstate the payment plan arrangement or discuss other repayment options.
Lastly, [redacted] also mentions that she receives income from Social Security benefits. As stated in Article 3 of its Consumer Bill of Rights, Midland Credit stands ready to assist [redacted], and will cease collection activities, when it receives documentation indicating that [redacted]’s only source of income is from exempt sources, such as Social Security or Supplemental Security Income benefits, and that [redacted] has no access to other assets. [redacted] may submit the appropriate documentation to Consumer Support Services at the address on this letter head. In the meantime, the above-referenced account will remain coded “cease and desist.”
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
May 21, 2015
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 [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
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 27, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 15, 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 June 22, 2014. The balance at the time of purchase was $1,944.55.
[redacted] expresses concern that Midland Credit representatives refused to provide her with validation documentation. A review of Midland Credit’s business records indicates that [redacted] spoke with Midland Credit representative [redacted] twice on April 9, 2015. Midland Credit’s review of the conversations does not appear to indicate that [redacted] refused to provide [redacted] with validation documentation.
Midland Credit sent [redacted] a validation letter on May 1, 2015. The letters were mailed to [redacted] via the United States Postal Service. The letters were not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692.
In the letters, Midland Credit provided the required disclosure of rights set forth in the FDCPA. 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).
The complaint [redacted] filed was received in a timely manner pursuant to applicable law. Upon receipt, Midland Credit acknowledged [redacted]’s dispute and annotated the account as disputed. Midland Credit has received verification information from the seller, a copy of which is enclosed for [redacted]’s records.
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] or her attorney call [redacted] to assist her in reaching a resolution of the account balance.
In the meantime, pursuant to [redacted]’s request to cease collection activities, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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 no recollection of ever speaking with this creditor in 2011, and acknowledging such debt. I stand by my statement that it is in fact fraudulent. This company has no proof that I initiated any on-going activity with their debtor. My credit file has had a continued FRAUD ALERT since 2008.
You have never attempted to contact me, of course, if you did, it would have been disputed continually. You have evidence that it's been disputed in the past and you continue to pursue something that is not valid.If you expect me to have a police report involving something I had no knowledge of since 2010, you're mistaken, delusional, and misguided as a "professional" Lawyer. Expect an Attorney General's complaint in regards to this, soon. Explain it to your state about how you've continued to pursue a debt on fraudulent activity, which you cannot prove. Expect your company to provide your state with valid proof of this debt!
Regards,
[redacted]
September 14, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re:
pre"> Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received July 28, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on April 25, 2014. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 13, 2009 as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted] Subsequently, the account was charged-off as an unpaid delinquent-debt on August 29, 2011. The balance at the time of purchase was $668.76.
[redacted] writes that there is no signed contract with Midland Funding or its servicer, Midland Credit. Consumers are sometimes unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt. Please note that the underlying promissory obligation remains valid, due and owing. Just as the original creditor had the right to legally seek repayment of the promissory obligation, the new third-party purchaser has the right to repayment of the credit account.
On May 14, 2014, Midland Credit mailed [redacted] a validation letter. The letter was mailed to [redacted] via the United States Postal Service and 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.
Upon receipt of [redacted]’s complaint, Midland Credit acknowledged her dispute, ceased collection efforts, annotated the account as disputed, and was in the process of verifying the debt. Midland Credit has since obtained verification information from the seller. A copy of the verification information is enclosed.
[redacted] 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 has expired. However, please note that the passing of the statute of limitations does not extinguish the validity of a debt. Rather, it eliminates litigation as a potential remedy. The above-referenced account still remains collectible, due and owing to Midland Credit as servicer for Midland Funding.
Since receipt of the complaint, [redacted] has called Midland Credit to discuss payment options to resolve the balance of the account. Should [redacted] have any questions regarding her payment arrangement, she may reach her Account Manager [redacted] at [redacted]
[redacted] requests that this account be removed from all three credit bureaus immediately. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies is accurate. If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Thank you for your letter inquiry dated July 1, 2014
New Roman';">, regarding Ms. [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.
Ms. [redacted] filed a similar complaint through the Consumer
Financial Protection Bureau (“CFPB”).
Given that Midland Credit’s response to the complaint from your office
would include the same information as the responses which Midland Credit
previously provided the CFPB, a copy of that response 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 14, 2012. Information
provided by the seller, Equable Ascent Financial, LLC, at the time of
acquisition indicates this account was originated on March 1, 2006 as a GE
Money Bank/JC Penney Credit Card account number ending in [redacted], in the name of
[redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as
an unpaid delinquent-debt on August 10, 2011.
The balance at the time of purchase was $1,139.67.
A review of Midland
Credit’s business records indicates that on October 20, 2013, this account was
outsourced to Midland Credit’s Internal Legal Collections Department (“Internal
Legal”). Their mailing address is PO Box
939033, San Diego, CA 92193. Their telephone number is (866) 626-5053. I have
forwarded them a copy of Ms. [redacted]’ complaint.
A review of Internal Legal’s business records indicates that suit was
appropriately filed against Ms. [redacted] on January 23, 2014 and service took
place on March 4, 2014. Ms. [redacted]
subsequently filed an answer which was received on March 24, 2014.
Ms. [redacted] expresses
concern that litigation continued after she had settled the debt in full.
Further review of Internal Legal’s business records indicates that on April 4,
2014 it received correspondence from Ms. [redacted] which offered a payment of $550
to settle the account. In response to that offer, Internal Legal mailed Ms.
[redacted] a letter on April 14, 2014 offering to accept a settlement of $850.
Internal Legal has advised that after the settlement letter was sent to her,
they did not receive any calls or a letter from Ms. [redacted] expressing her desire
to accept the settlement. As such, when a payment was received the system did
not recognize the payment as a settlement in full which caused the litigation
to continue.
With that said,
Internal Legal is currently taking the necessary steps to dismiss the case with
prejudice and to close the account to reflect a paid status. There will be no
further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting
agencies will be notified to delete all reference to the account in question
from Ms. [redacted]’ consumer credit files.
Midland Credit respectfully declines Ms. [redacted]’ request for monetary
compensation.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit apologizes
for the inconvenience caused to Ms. [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at (800) 825-8131 ext. [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted],
Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I was hoping it did not have to come to this. Accounts referenced in this Revdex.com complaint were opened fraudulently by my brother [redacted]. He knew my SSN and Drivers License. He was
incarcerated in 2006-2011 and deported from the U.S. in June 2011 for this and amongst other things. I reported these
frauds to [redacted] in 2007 when he confessed fraud to me. Fraud alerts were entered and still exists to this day. Being that he is not in the country any longer it has been difficult for me to press charges and law enforcement to prosecute.
I do not use credit at all, but this year I decided to apply for a credit card after all these years and was turned down after learning that these accounts were still being reported. The 3 CRA's affirmed to me that these accounts would be removed once I mailed them some documents which I did.
I have been working directly with some of the original creditors in regards to these frauds and have been faxing documents they ask in support of the fraud. Please note I am not at liberty to produce these legal documents via this medium but if Midland deems them necessary, they can request them from the CRA's as I have supplied them with the law enforcement, legal and court documents they requested in my Disputes.
[redacted]
[redacted] [redacted]ACCEPTABLE RESOLUTION/REQUEST:
In the interest of justice and as a courtesy I ask that Midland deletes or stops reporting the referenced accounts effective immediately pending the investigation of this case whether they are valid debts or not. Failure to stop reporting may lead me to seek relief via other legal venues.
Best Regards,
[redacted]
Dear [redacted]
:
0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the responses which Midland Credit previously provided to the CFPB, a copy of said responses are enclosed.
As stated in Midland Credit’s earlier responses, an investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on March 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 20, 2008 as a [redacted] cellular account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 21, 2009. The balance at the time of purchase was $1,206.13.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on February 18, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 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 February 28, 2009. The balance at the time of purchase was $1,597.32.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced accounts, on April 29, 2012 for account no. [redacted] and on February 24, 2011 for account no. [redacted], Midland Credit mailed [redacted] separate and unique validation letters. Those letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements of the FDCPA.
Midland Credit’s business records indicate that it did not receive any written correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, no written correspondence was received from [redacted] prior to her complaint, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such notices at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. A review of Midland Credit’s business records indicates that it was accurately reporting the above-referenced accounts to the three major credit reporting agencies.
With that said, while [redacted]’s request for verification information was untimely, Midland Credit acknowledged [redacted]’s dispute, ceased collection efforts, annotated the accounts as disputed, and commenced the process of verifying the debts. Midland Credit eventually received verification of the debt for account [redacted], a copy of which is enclosed.
Please note that the verification information provided by the seller meets the requirements of the Fair Debt Collection Practices Act (“FDCPA”). The original contract, complete payment history, and a full set of billing statements are not required under the FDCPA. Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999).
Regarding account no. [redacted] Midland Credit has acted in a timely manner and has complied with applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of account no. [redacted]. In addition, the three credit-reporting agencies will be notified to delete all reference to this account from [redacted]’s consumer credit files.
If [redacted] is ready to settle account [redacted], she may qualify for a reduction in her account balance. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] for assistance in reaching a resolution that will settle the debt.In the meantime, account [redacted] remains marked “Cease and Desist.” While it remains due and owing, [redacted] will continue to not receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
I have no idea who this company is and who they represent. They have called my 94 year old mothers home looking for me. I've called the number back to complain, left voicemails, and nobody has answered me. I've even emailed them; no response. This is quite bothersome and truly pisses me off. I have no idea what they want.
Dear [redacted]
Thank you for your follow-up
letter
inquiry dated May 5, 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.
Based
on the new information provided by [redacted] an investigation of this matter
indicates that Midland Credit is the servicer of accounts belonging to another
consumer with the same name as [redacted] During a search for the correct consumer, [redacted] address 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.
[redacted] address has been marked “Do Not Mail” in Midland Credit’s computer
system for the referenced accounts.
Please assure [redacted] that he will no longer receive correspondence
from Midland Credit representatives regarding the referenced accounts. Additionally, an update for each account has
been sent to the credit reporting agencies to delete the accounts from [redacted] consumer credit files.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Dear [redacted]
:
0pt;" class="MsoNormal">
Thank you for your letter inquiry dated April 29, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on August 28, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on June 24, 2006 as a [redacted] account number ending in [redacted] in the name of [redacted], under the last four of the social security number [redacted] The first delinquency occurred on April 29, 2008. Subsequently, the account was charged-off as an unpaid delinquent-debt on September 26, 2008. The balance at the time of purchase was $240.15.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding on August 28, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on August 6, 2008 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted] The first delinquency occurred on January 27, 2010. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 26, 2010. The balance at the time of purchase was $435.94.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced accounts, Midland Credit mailed [redacted] separate and unique validation letters on September 3, 2012 for both accounts. These letters informed her that Midland Funding had acquired the accounts, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letters were mailed to [redacted] via the United States Postal Service, and were not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact, although [redacted] states a certified letter was received by Midland Credit, no such correspondence was received from [redacted] prior to the complaint filed through your office.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts.
While [redacted]’s request is untimely, a copy of the verification information provided by the seller for account no. [redacted] is enclosed for her records. With that said, Midland Credit stands ready to assist [redacted] in clearing her record if she has been a victim of identity theft or fraud. If such is in fact the case, Midland Credit respectfully requests that [redacted] provide it with a copy of either a police report or affidavit of fraud showing that she reported the fraudulent activity. Please note that an affidavit of fraud can be found at [redacted]. If submitting an affidavit of fraud, [redacted] should complete the form and have the form notarized. [redacted] may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
In the meantime, if [redacted] is ready to settle the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Midland Credit Account Manager [redacted] at [redacted] to assist in reaching a resolution that will be both beneficial to you, as well as settle the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 28, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on July 17, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on November 2, 2010 as a [redacted] account number ending in [redacted] in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on June 20, 2012. The balance at the time of purchase was $759.90.
[redacted] expresses a concern that interest was added to the above referenced account. Midland Credit sent [redacted] a validation letter on July 21, 2012. In the letter, Midland Credit informed him that Midland Funding had acquired the account, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it received a notice of a possible dispute from the credit reporting agencies on July 31, 2015. On August 19, 2015 Midland Credit sent [redacted] a letter requesting more information regarding the basis of his dispute with a copy of the verification information provided by the seller.
An additional review of Midland Credit’s business records indicate that it received the first written correspondence requesting validation from [redacted] on November 6, 2015. Based on the information [redacted] provided, and pursuant to the [redacted] Finance Code, Midland Credit responded by sending him a letter on or about November 23, 2015 advising him that Midland Credit had determined that its credit file, and the information it is furnishing for the above-referenced account, was accurate. Midland Credit also requested that [redacted] send any additional documentation to support his dispute.
In response to [redacted]’ concern that interest was added in the amount of $282.17, please note that the account was purchased from the seller with all rights. Interest charged by the original creditor is allowable by law. Likewise, any interest added by Midland Credit is permissible and was provided for in the contract with the original creditor when the account was purchased. The verification information provided by the seller meets the requirements of the FDCPA.
A review of Midland Credit’s business records indicate that [redacted] spoke with one of its representatives on February 2, 2016. During the conversation [redacted] indicated that he was unaware of the charges that were being made to his account and provided additional details that Midland Credit did not have when responding to the complaint he filed through the Consumer Financial Protection Bureau on January 11, 2016. During that conversation [redacted] was advised that Midland Credit would 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 have been notified to delete Midland Credit’s reference to the collection account in question from [redacted]’ consumer credit files.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
12pt;">
Thank you for your letter inquiry dated September 12, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
[redacted] 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 January 26, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 25, 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 June 30, 2010. The balance at the time of purchase was $4,298.71.
[redacted] expresses a concern that their validation requests have not been met. On February 5, 2012, Midland Credit mailed [redacted] a validation letter, which informed them that Midland Funding had acquired the account, and of their 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 [redacted], the same address listed within their complaint through your office, via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on July 15, 2014.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
[redacted] also states that they had no prior knowledge of the account before seeing it listed on their credit report. A review of Midland Credit’s business records indicates that its representatives spoke with [redacted] on February 4, 2012, March 7, 2012, and April 17, 2012. A payment plan was set up with Midland Credit on April 17, 2012, however no payments were received.
With no resolution in place, on May 27, 2012, this account was outsourced to the law firm of [redacted] located at [redacted]. Their phone number is [redacted] Midland Credit has forwarded a copy of the complaint to the firm.
When asked about their collection efforts, [redacted] advised that they have been in contact with [redacted] over the phone since the account was outsourced to their firm in 2012, but that no written correspondence had been received. Their business records indicate [redacted] had negotiated a settlement amount on June 28, 2012, but that no payments were received.
Again, with no resolution in place, appropriate legal action was taken and a default judgment was obtained on January 24, 2013. After the judgment had been obtained, [redacted] advised that [redacted] called in again to negotiate a settlement and agreed to a stipulation amount of $2,800.00, and requested paperwork to that effect. The letter was mailed on or about February 1, 2013, however no response was received and no payments were made.
During the time that the account has been with [redacted], Midland Credit received letters disputing the credit reporting of the account and asking for validation from [redacted], beginning with the dispute letter referenced above, which was received by Midland Credit on July 15, 2014. In response to the dispute letter, a copy of the judgment was mailed to [redacted] on July 29, 2014, along with a letter advising them that the above-referenced account was being reported accurately to the credit reporting agencies.
Copies of the verification information provided by the seller and the judgment obtained in the matter are enclosed. Additionally, a copy of the affidavit of service is attached. Based on the information available to it, Midland Credit must respectfully conclude that it and the firm have acted timely and appropriately. A review of Midland Credit’s business records indicates that it continues to accurately report the above-referenced account to the three major credit reporting agencies.
Midland Credit encourages [redacted] to continue to work with [redacted] to assist in reaching a positive resolution. As stated above, their phone number is [redacted] and they may send mail to the firm at [redacted] In the meantime, per their request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing, [redacted] will no longer receive contact from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact 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]
Midland
Credit provided all of the account identifying information in its previous
letter response to your office dated October 13, 2015.
[redacted] continues to
assert that when he told the [redacted]
representative that he wanted to get the account paid and removed from his
credit report, the representative said they could help him with that. He also states that the representative
explained that the account would show as “Paid in Full”, however he could call
back after some time and have it removed.
As explained in Midland
Credit’s previous response, a review of [redacted] business records indicates
that their representative did not state the account could be deleted after it
had been paid. [redacted] was only
advised that the firm would report back to Midland Credit that the account was
“Paid in Full.” Midland Credit must
respectfully conclude that [redacted] was appropriately and correctly advised
on what would happen to the account once paid.
[redacted] also expresses
a concern that he was not served with a summons and is unaware of any suit
filed against him. [redacted] has advised
that the complaint was initially filed in the [redacted] then
transferred to [redacted] on May 27, 2015. The suit was filed in [redacted] on June 10, 2015. The firm advised
that [redacted] was not served after the transfer due to [redacted] paying the
account before service could take place.
Please note, the suit against [redacted] was dismissed on September 30,
2015 after receiving [redacted]’s payment on September 17, 2015. [redacted] has advised that the court will
send [redacted] a notice stating the same at [redacted]
[redacted] also states
that he has sent Midland Credit an intent to sue letter for several inaccurate
reporting offenses and for harm to his credit report. Please note, a review of both [redacted] and
Midland Credit’s business records do not indicate that such a letter has been
received. 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 find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
Dear [redacted]
Thank you for your letter inquiry dated June 3, 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 within its previous response letter to your office, dated May 12, 2014. In their follow-up, [redacted] writes that they are still requesting validation on the above-referenced account. Midland Credit’s position related to this issue has not changed. As referenced within its previous response letter, a review of Midland Credit’s business records indicates that it has acted timely and accurately pursuant to applicable law.
Additionally, [redacted] questions whether Midland Credit is reporting accurately as a “Factoring Company” on their consumer credit files. Please note that e-OSCAR, the online credit reporting system, provides the following definition of a factoring company: “Factoring Company - A company that purchases accounts with the intent of collecting debts owed.” Midland Credit has been advised by two credit reporting agencies that it should be classified as a factoring company for credit reporting purposes. Midland Credit is accurately reporting the above-referenced account to the three major credit reporting agencies.
Per [redacted] request, the above-referenced account has been marked “Cease and Desist.” While it remains due and owing,[redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
class="MsoBodyText3">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 19, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). Given that Midland Credit’s response to the complaint from your office would be the same as the response which Midland Credit previously provided to the CFPB, a copy of that response is enclosed.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
August 24, 2015
justify;" class="MsoNormal">
VIA E-Mail
Ms. [redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted] and [redacted]
Dear Ms. [redacted]:
Thank you for your letter inquiry regarding Mr. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received August 11, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of two (2) accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on July 20, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on May 25, 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 November 17, 2009. The balance at the time of purchase was $17,136.05.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on December 30, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on March 29, 2002 as an [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on November 30, 2009. The balance at the time of purchase was $3,727.92.
Mr. [redacted] expresses concern that the account is reporting as open on his consumer credit files. As a debt buyer, Midland Funding has been advised that it should report accounts as: current status – collection account; type of account – open; type of loan – debt buyer account; additional information – collection account. For purposes of credit reporting, the term “Open (Portfolio Type)” has the following definition: “Accounts where the entire amount is due upon demand or that have one payment due as scheduled (i.e., Terms Duration = 001).” That indicates that the account is currently open, due and owing in one payment.
Mr. [redacted] also expresses concern that the account is reflecting a current balance date of July 2015 on his consumer credit files. Midland Credit submits updates to the credit reporting agencies each month to ensure the most accurate and up-to-date information is being provided by it.
Mr. [redacted] is encouraged to communicate directly with the credit bureaus should they have any further concerns. Based on the law and guidelines governing credit reporting, it would appear that the accounts are being correctly reported. In addition, if Mr. [redacted] obtained the 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.
Mr. [redacted] also requests that Midland Credit provide verification of the debts. Midland Credit mailed Mr. [redacted] separate and unique validation letters – on July 27, 2011, for account no. [redacted], and on January 16, 2012, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Please note that the letters were mailed to Mr. [redacted] at the same address listed within his complaint, and were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from Mr. [redacted] in response to the letters. A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from Mr. [redacted] on July 30, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact Mr. [redacted] and collect the debts.
Although the July 30, 2015 request was not timely, verification information provided by the seller for account no. [redacted] was mailed to Mr. [redacted] in response to the dispute on or about August 4, 2015. A copy of the verification information provided by the seller is enclosed. If Mr. [redacted] is ready to resolve these debts, he may qualify for a reduction in the account balances. Please have Mr. [redacted] call a Midland Credit Account Manager at [redacted] to assist in reaching a resolution of the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Mr. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]
Thank you for your letter inquiry dated August 7, 2014,
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
An investigation
of this matter indicates that Midland Credit became the servicer of the
above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland
Funding”), on December 28, 2012. Information provided by the seller, [redacted], at
the time of acquisition indicates this account was originated on July 8, 2011 as a
[redacted] account number
ending in [redacted] in the name of [redacted], under the last four of the
social security number [redacted].
Subsequently, the account was charged-off as an unpaid delinquent-debt
on March 19, 2012. The balance at the time of purchase was $946.85.
[redacted] expresses
a concern that his validation requests have been ignored. On January 12, 2013,
Midland Credit mailed [redacted] a validation letter, which informed him
that Midland Funding had acquired the account, and of his rights pursuant to
the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
Please note that the letter was mailed to the same address listed within
[redacted]’s complaint via the United States Postal Service, and was not
returned as “undeliverable” – satisfying the requirements set forth within the
FDCPA.
Midland
Credit’s business records indicate that it did not receive any correspondence
disputing the debt or requesting validation from [redacted] in response to
the letter. In fact, no correspondence
was received 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.
With
that said, Midland Credit has recently received notice that the account was
sold in error, and is currently in the process of being recalled by the
seller. Midland Credit has instructed
the three major credit-reporting agencies to delete any reference to the
above-referenced account from [redacted]’s consumer credit files. Going forward, please have [redacted] contact
the seller to assist him with regards to the above-referenced account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact 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 May 6, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Please note that
Midland Credit provided all relevant account identifying information in its
previous response letter to your office, dated April 28, 2014. In his follow-up, [redacted] requests that
Midland Credit delete the account from his consumer credit files because the
verification information was not provided to him. Again, while his December 9, 2013 request was
untimely, contrary to his complaint, Midland Credit did provide the
verification information provided by the seller to him on December 13,
2013. A copy was included in Midland
Credit’s previous response.
Additionally,
Midland Credit has a strict business policy to report all accounts
accurately. Midland Credit is accurately
reporting the above-referenced account to the credit reporting agencies. If [redacted]’s account was deleted, its true
and accurate status would not be reflected.
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]
To whom it may concern:
Attached are copies of proof to support my complaint against Midland Credit Management Inc aka or also doing business as Midland Funding LLC.
The complaint was submitted yesterday but I have only received an automated response to the...
complaint. I do not believe the Revdex.com office of San Diego has proccessed the claim yet.
If you need any more information from me please let me know.
Thank you,
[redacted]