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.
Mr. [redacted],
Thank
you for your response. Unfortunately it seems you're unwilling to research this
issue, and are causing me harm by attempting to collect this debt and by posting
incorrect information to my credit report. I've contacted Midland two times via
certified mail, on May 26th and July 7th
respectively, to attempt to rectify this mistake, Each time, on June 3rd and
July 13th, Midland has replied with the same form letter stating that
they would not research my dispute. Clearly they didn't read it. As well, they've continued to send letters
trying to collect this debt, despite their refusal to validate it. Mr. [redacted],
you state in your letter "a copy of the verification information provided
by the seller is enclosed". I received only your 2 page letter on your
letter head from the Revdex.com, and no such copy of verification information. (TO THE
Revdex.com, please confirm that you've only received a 2 page letter from Mr. [redacted]) If
you have any verification, please mail it or email it, as it will help me
determine how a mistake like this could happen may aid me in getting this
removed and resolved.
Mr.
[redacted], I'm not going to, nor will I ever, pay a debt that does not belong to
me. I respectfully request you truly look into this. I understand you get
millions of these debts sold to you, so you follow a standard process, but this
is one of the few that's not correct. I have continued to ask for validation of
the debt 2 times to midland and now once to you, because I know there isn't
any, and forcing you to provide it would make you realize this as well.
Unfortunately, no one will even investigate this. I don't want to take this to
court, but be assured I will if needed. And I will sue not only for your
violations of the law but damages for my time, the financial impact of
incorrect information reported and its impact on loans etc., legal fees, and emotional
and punitive damages.
Again,
I ask that you contact [redacted] One who you bought this from, do whatever you
need to do, and get this resolved. If there's something I need to do to get
this resolved, please let me know. This isn't my debt, Midland shouldn't be
trying to collect it, and it shouldn't be reported to the credit bureaus as
such. I hope you'll re-evaluate your stance, and try to work with me to get
this cleared up.
Thank You
Regards,
[redacted]
This company has been calling me in regards to a debt that is not mine. I happen to have the same name as the person who this debt belongs to. I have to prove my identity to this company time and time again after which they say they will put my phone number on the do not call list only to have them start calling me again a few months later. This has been going on for at least five years.
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 4, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern over a lien on his property at [redacted]. Following up on the complaint received through your office, in a phone call on January 11, 2016, a Midland Credit representative confirmed the last four digits of [redacted]’s social security number. An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to [redacted].’
[redacted] indicates that the judgment on the referenced account (judgment number [redacted]) is not associated with [redacted]’ address. Midland Credit’s business records further indicate that a judgment was not obtained against [redacted] with the social security number ending [redacted]. Please note that judgments are reported as a matter of public record. [redacted] is encouraged to communicate directly with the credit bureaus or the public records office should he have any further concerns about how a judgment is being reported.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
<!--[if !vml]--><!--[endif]-->
[redacted], Esq.
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]
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.
Regards,[redacted]
As of today I am still receiving the email messages .. I have tried talkingv with Midland service before contacting yoy and got no where. Yes [redacted] is my home number and they are not caling that number.
April 22, 2016
MARGIN: 0in 0in 0pt">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 14, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that she has been receiving calls from Midland Credit for three months. An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts.
[redacted] states she answered one of the calls, advised the representative that she had never had the account, and requested for the calls to stop. A review of Midland Credit’s business records indicates that a conversation, presumably with [redacted], took placed on March 23, 2016. At that time, [redacted]’s phone number was appropriately disabled in Midland Credit’s computer system for the referenced account, and no calls were placed to [redacted] regarding that account after that conversation. However, please note that calls continued to be placed, after March 23, 2016, to [redacted] regarding a separate account.
[redacted] indicates that Midland Credit representatives have contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
With that said, [redacted]’s phone number has since been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]’s phone number, [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated February 20, 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 February 10, 2014. In [redacted]’ follow-up, she questions whether the above-referenced accounts were collectible due to their charge-off status, stating she did not open the accounts with Midland Credit.
Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. 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. The above-referenced accounts remained collectible, and were due and owing to Midland Credit.
With that said, as referenced previously, Midland Credit made the business decision to close the accounts. The three credit-reporting agencies have been notified to delete all reference to the accounts in question from [redacted]’ consumer credit files.
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]
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
medium;">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 3, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
an account belonging to another consumer.
During a search for the correct consumer, [redacted] phone number was
provided to Midland Credit representatives by a third party. In reliance on that information, Midland
Credit attempted to contact the consumer regarding the referenced account.
Midland
Credit had no information that it was contacting a wrong number for the
consumer until a phone conversation on February 3, 2015, presumably with [redacted] At that time, [redacted] phone
number was marked “Do Not Call” in Midland Credit’s computer system for the
referenced account and no further calls were made after February 3, 2015. [redacted] will continue to no longer receive
calls from Midland Credit representatives regarding the referenced
account. Additionally, [redacted] phone number [redacted] has been added to an exclusion list to prevent it
from being called in the future regarding the referenced account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter.
Sincerely,
Midland Credit Management, Inc.
[redacted] Esq.
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
March 11, 2015
0in 0pt" 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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 16, 2010, as a [redacted]. residential telephone 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 9, 2011. The balance at the time of purchase was $709.38.
[redacted] writes that Midland Credit has ignored her validation requests. On May 20, 2013, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and informed her of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on October 15, 2014, which cannot be considered timely. In response, Midland Credit mailed [redacted] a letter requesting further documentation in support of her dispute. Subsequently, Midland Credit received two letters from [redacted] on November 19, 2014, and an e-mail from [redacted] on February 6, 2015, and again responded by mailing letters requesting documentation to assist in further investigating her claim. Midland Credit has not received further documentation supporting [redacted]’s dispute pursuant to its numerous letter requests.
[redacted] states that Midland Credit did not update the tradeline as disputed as it stated would be done in the response letters mailed to her. A review of Midland Credit’s business records indicate that it began reporting the account as disputed during its next reporting cycle after receipt of [redacted]’s dispute.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
Dear [redacted]:
Thank
you for your follow-up letter
inquiry dated March 7, 2014,
regarding [redacted]’s complaint,
which Midland Credit
Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit provided all the relevant account information in its
previous letter response to your office dated February 14, 2014. In that response, Midland Credit stated that
it had acknowledged [redacted]’s dispute, ceased collection efforts, annotated
the account as disputed, and was in the process of verifying the debt. Midland Credit also indicated that it had
since obtained verification information from the seller and enclosed a copy for
[redacted]’s review. Midland Credit also
subsequently provided a copy of said verification information on March 7, 2014
in response to a written request [redacted] sent directly to Midland Credit.
Please note, 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).
As such, Midland Credit’s
position has not changed. Midland
Credit appropriately proceeded with efforts to collect the debt and commenced
reporting its tradeline on [redacted]’s consumer credit files. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account to the
three major credit reporting agencies.
With that said, after receipt of this complaint, a
review of Midland Credit’s business records indicates [redacted] contacted
Midland Credit and indicated that she paid [redacted] directly. Please note, Midland Credit has received no
confirmation from [redacted] that such payment has been made. If such is in fact the case, please have [redacted] submit supporting documentation at the address provided within this
response. Until it has received such
payment or notification from [redacted]’s account will remain marked
“Cease and Desist,” and will be considered valid, due and owing. [redacted] will continue to no longer receive
correspondence or calls from Midland Credit representatives unless 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
Dear [redacted]
New Roman">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with the same last 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.
A review of Midland Credits business records indicates that [redacted] sent a similar complaint via correspondence which was received March 27, 2015. At that time, Midland Credit took the appropriate steps to ensure [redacted] information was marked as “Do Not Mail” in Midland Credit’s computer system for the referenced account.
Midland Credit acted in a timely manner and has complied with all applicable laws. Please assure Mr. [redacted] that he continue to no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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
Dear Ms. [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated May 13, 2014, regarding Mr. [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.
Mr. [redacted] asserts that his telephone number is part of the national “Do Not Call Registry” and expresses concern regarding telephone contact by Midland Credit. Please note that Midland Credit is not a “telephone solicitor” and does not engage in “telephone solicitation.” Rather, Midland Credit is a collection agency, licensed and bonded in those states with requirements that it be so licensed and/or bonded. Midland Credit collects outstanding debts incurred by consumers pursuant to a variety of types of consumer contracts – credit card, automobile, personal loans, etc. To the extent that Mr. [redacted] would have been contacted by or on behalf of Midland Credit, it would be in an effort to collect a debt arising out of an established business relationship – exactly the type of call excluded from the “Do Not Call Registry” list.
That being said, an investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to Mr. [redacted]’s. During a search for the correct consumer, Mr. [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. A review of Midland Credit’s business records indicates it had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
Mr. [redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. Mr. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, Mr. [redacted]’s telephone number ([redacted]) has been added to an exclusion list to prevent it from being called in the future. Midland Credit respectfully declines Mr. [redacted]’s 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 Mr. [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
GJG: [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 26, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 11, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 11, 2012 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 30, 2014. The balance at the time of purchase was $529.38. On June 21, 2015 the account was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”) for further servicing.
The complaint indicates that multiple disputes have been submitted and Midland Credit has refused to acknowledge them. Midland Credit received notices of possible dispute from the credit reporting agencies as well as email correspondence on several occasions and responded accordingly.
Validation of the debt was provided to [redacted] on September 23, 2015, and again on May 2, 2016 along with letters advising that Midland Credit had investigated the claims. Additional letters were sent on May 4, 2016, June 3, 2016, July 11, 2016 and August 5, 2016 in response to correspondence from [redacted]. The contact information for Consumer Support Services was also provided in the letters. A copy of the verification information provided by the seller and a copy of the judgment is enclosed for your records. 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.
[redacted] also alleges that Midland Credit has inaccurate information with regard to the original creditor. The account information provided to Midland Credit comes directly from the seller, [redacted], and is believed to be accurate. If [redacted] has documentation to substantiate the claim of inaccuracy, or to show that the debt was the result of a banking error, she may forward it to CSS using the contact information on this letterhead, or directly to the Internal Legal Department.
[redacted] also communicates a desire to settle the account. Midland Credit encourages [redacted] to work with its Internal Legal Department to assist in reaching a positive resolution. They may be reached at PO Box 939050, San Diego, CA 92193 and their phone number is[redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
January 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 11, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office. A review of the previous response sent indicates the letter had a date of January 4, 2015. Please note there was a typographical error as this response was actually sent on January 4, 2016.
[redacted] expresses a concern that a debt collector must send a validation notice to a valid address where the consumer may live, and that Midland Credit intentionally sent the letter to an address where he would not receive it. A review of Midland Credit’s business records indicate that the address to which the validation letter was sent to was provided by the seller. Based on that, Midland Credit attempted to contact [redacted] using that address. Upon receipt of the original complaint through your office, Midland Credit has confirmed its records reflect the address provided by [redacted] in the complaint.
[redacted] continues to express a concern that he has not received proof of the validity of the debt. Midland Credit provided account verifying information in its previous response. As mentioned in that response, the original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.
[redacted] also states that the documentation previously provided did not show the current business relationship. The validation documentation is once again enclosed, along with a copy of the bill of sale verifying Midland Funding as the rightful owner of the account. A copy of a seller data sheet confirming the account was included in the purchase from Asset Acceptance, LLC is also enclosed. 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.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I do not agree with what this company has said. They are currently reporting these accounts as being open and active which is affecting my credit. For accounts that have been closed and charged off they cannot change the account number and report them as being active. I have not opened any accounts with this company. They need to contact the credit companies and report that these accounts are closed. It is illegal to change account numbers and dates of when the accounts have been opened this is also very unethical practice. Maybe this is why they have so many complaints and fines against them.
Regards,
[redacted]
Dear [redacted]
12pt">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit 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 June 10, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 16, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 29, 2008. The balance at the time of purchase was $580.48.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 29, 2013, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 29, 2014. The balance at the time of purchase was $554.52.
[redacted] expresses a concern that she does not owe the debts. Midland Credit mailed [redacted] separate and unique validation letters – on June 23, 2011, for account no. [redacted], and on June 9, 2014, for account no. [redacted]. 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”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact; no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. Although the request is not timely, a copy of the verification information provided by the seller for account no. [redacted] is enclosed for [redacted]’s 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. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
[redacted] expresses a concern that Midland Credit representatives have contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
Per [redacted]’s request, the above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
If [redacted] is ready to resolve the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her 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 [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
class="MsoBodyText3">Thank you for your letter inquiry dated May 1, 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 although this response is not signed by [redacted] any subsequent correspondence should continue to be addressed to [redacted]
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Midland Credit had no information it was calling a wrong number for the consumer until receipt of the complaint through your office.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s telephone number ([redacted]) has been added to an exclusion list to prevent it from being called in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs and Compliance
*Admitted in Minnesota, North Dakota, South Dakota and Wisconsin, Not Admitted in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland Credit again makes no reference to the information provided in my previous rejection and has again changed their story. Prior, on multiple occasions, Midland stated that my information was reported correctly and now acknowledges it wasn't. My Revdex.com complaints also were not submitted multiple times as they claimed. I simply rebuked their now admittedly erroneous statements. As is such, they are still reporting erroneous late payments and seem incapable, or unwilling, to resolve what they have now admitted to be an error.
As they have now admitted to providing false statements in the past correspondence I have updated complaints also filed with the CFPB as well as State Attorney Generals office in California.
This is my last attempt to resolve this via the Revdex.com as I fear Midland is now stalling the process after admitting erroneous reporting and continuing to disregard the text of my rejections. I accept no response except their deletion from my [redacted] report they have now admitted to tainting with false information. In one swift blow, at their whim, they dropped my score in excess of 50 points with false information simply because I disputed their false reporting.
I will accept no resolution that doesn't involve them removing this account as they are unable to report it correctly. Anything to the contrary I will reject as they have shown to be acting in no good faith and making no attempts to remedy their errors.
Failure to do so will result in me advancing this cause further.
Regards,
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Mr. [redacted],
Thank
you for your response. Unfortunately it seems you're unwilling to research this
issue, and are causing me harm by attempting to collect this debt and by posting
incorrect information to my credit report. I've contacted Midland two times via
certified mail, on May 26th and July 7th
respectively, to attempt to rectify this mistake, Each time, on June 3rd and
July 13th, Midland has replied with the same form letter stating that
they would not research my dispute. Clearly they didn't read it. As well, they've continued to send letters
trying to collect this debt, despite their refusal to validate it. Mr. [redacted],
you state in your letter "a copy of the verification information provided
by the seller is enclosed". I received only your 2 page letter on your
letter head from the Revdex.com, and no such copy of verification information. (TO THE
Revdex.com, please confirm that you've only received a 2 page letter from Mr. [redacted]) If
you have any verification, please mail it or email it, as it will help me
determine how a mistake like this could happen may aid me in getting this
removed and resolved.
Mr.
[redacted], I'm not going to, nor will I ever, pay a debt that does not belong to
me. I respectfully request you truly look into this. I understand you get
millions of these debts sold to you, so you follow a standard process, but this
is one of the few that's not correct. I have continued to ask for validation of
the debt 2 times to midland and now once to you, because I know there isn't
any, and forcing you to provide it would make you realize this as well.
Unfortunately, no one will even investigate this. I don't want to take this to
court, but be assured I will if needed. And I will sue not only for your
violations of the law but damages for my time, the financial impact of
incorrect information reported and its impact on loans etc., legal fees, and emotional
and punitive damages.
Again,
I ask that you contact [redacted] One who you bought this from, do whatever you
need to do, and get this resolved. If there's something I need to do to get
this resolved, please let me know. This isn't my debt, Midland shouldn't be
trying to collect it, and it shouldn't be reported to the credit bureaus as
such. I hope you'll re-evaluate your stance, and try to work with me to get
this cleared up.
Thank You
Regards,
[redacted]
This company has been calling me in regards to a debt that is not mine. I happen to have the same name as the person who this debt belongs to. I have to prove my identity to this company time and time again after which they say they will put my phone number on the do not call list only to have them start calling me again a few months later. This has been going on for at least five years.
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 4, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern over a lien on his property at [redacted]. Following up on the complaint received through your office, in a phone call on January 11, 2016, a Midland Credit representative confirmed the last four digits of [redacted]’s social security number. An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to [redacted].’
[redacted] indicates that the judgment on the referenced account (judgment number [redacted]) is not associated with [redacted]’ address. Midland Credit’s business records further indicate that a judgment was not obtained against [redacted] with the social security number ending [redacted]. Please note that judgments are reported as a matter of public record. [redacted] is encouraged to communicate directly with the credit bureaus or the public records office should he have any further concerns about how a judgment is being reported.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted]. Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at (800) 825-8131 ext. [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
<!--[if !vml]--><!--[endif]-->
[redacted], Esq.
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]
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.
Regards,[redacted]
As of today I am still receiving the email messages .. I have tried talkingv with Midland service before contacting yoy and got no where. Yes [redacted] is my home number and they are not caling that number.
April 22, 2016
MARGIN: 0in 0in 0pt">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 14, 2016. Midland Credit appreciates the opportunity to answer your questions.
[redacted] expresses a concern that she has been receiving calls from Midland Credit for three months. An investigation of this matter indicates that Midland Credit is the servicer of accounts belonging to other consumers. During a search for the correct consumers, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumers regarding the referenced accounts.
[redacted] states she answered one of the calls, advised the representative that she had never had the account, and requested for the calls to stop. A review of Midland Credit’s business records indicates that a conversation, presumably with [redacted], took placed on March 23, 2016. At that time, [redacted]’s phone number was appropriately disabled in Midland Credit’s computer system for the referenced account, and no calls were placed to [redacted] regarding that account after that conversation. However, please note that calls continued to be placed, after March 23, 2016, to [redacted] regarding a separate account.
[redacted] indicates that Midland Credit representatives have contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
With that said, [redacted]’s phone number has since been marked “Do Not Call” in Midland Credit’s computer system for the referenced accounts. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced accounts. Additionally, [redacted]’s phone number, [redacted] has been added to an exclusion list to prevent it from being called in the future regarding the referenced accounts.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]:
Thank you for your follow-up letter inquiry dated February 20, 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 February 10, 2014. In [redacted]’ follow-up, she questions whether the above-referenced accounts were collectible due to their charge-off status, stating she did not open the accounts with Midland Credit.
Consumers are often unclear as to what the term “charge off” means for a debt. When a creditor "charges off" an account, it means that the creditor no longer believes the consumer will pay the bill and has written the debt off of its books. Often, they then sell the debt to a collection agency. 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. The above-referenced accounts remained collectible, and were due and owing to Midland Credit.
With that said, as referenced previously, Midland Credit made the business decision to close the accounts. The three credit-reporting agencies have been notified to delete all reference to the accounts in question from [redacted]’ consumer credit files.
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
Dear [redacted]
medium;">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received
February 3, 2015. Midland Credit appreciates the opportunity to
answer your questions.
An
investigation of this matter indicates that Midland Credit is the servicer of
an account belonging to another consumer.
During a search for the correct consumer, [redacted] phone number was
provided to Midland Credit representatives by a third party. In reliance on that information, Midland
Credit attempted to contact the consumer regarding the referenced account.
Midland
Credit had no information that it was contacting a wrong number for the
consumer until a phone conversation on February 3, 2015, presumably with [redacted] At that time, [redacted] phone
number was marked “Do Not Call” in Midland Credit’s computer system for the
referenced account and no further calls were made after February 3, 2015. [redacted] will continue to no longer receive
calls from Midland Credit representatives regarding the referenced
account. Additionally, [redacted] phone number [redacted] has been added to an exclusion list to prevent it
from being called in the future regarding the referenced account.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter.
Sincerely,
Midland Credit Management, Inc.
[redacted] Esq.
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
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
March 11, 2015
0in 0pt" 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]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 26, 2015. Midland Credit appreciates the opportunity to answer your questions.
[redacted] filed a similar complaint through the Consumer Financial Protection Bureau (“CFPB”). A copy of Midland Credit’s response to the CFPB is enclosed. An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on May 14, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on December 16, 2010, as a [redacted]. residential telephone 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 9, 2011. The balance at the time of purchase was $709.38.
[redacted] writes that Midland Credit has ignored her validation requests. On May 20, 2013, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and informed her of her rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
A review of Midland Credit’s business records indicates that it received the first correspondence requesting validation from [redacted] on October 15, 2014, which cannot be considered timely. In response, Midland Credit mailed [redacted] a letter requesting further documentation in support of her dispute. Subsequently, Midland Credit received two letters from [redacted] on November 19, 2014, and an e-mail from [redacted] on February 6, 2015, and again responded by mailing letters requesting documentation to assist in further investigating her claim. Midland Credit has not received further documentation supporting [redacted]’s dispute pursuant to its numerous letter requests.
[redacted] states that Midland Credit did not update the tradeline as disputed as it stated would be done in the response letters mailed to her. A review of Midland Credit’s business records indicate that it began reporting the account as disputed during its next reporting cycle after receipt of [redacted]’s dispute.
Midland Credit acted in a timely manner and has complied with all applicable laws. However, in keeping with its Consumer-First policy, Midland Credit made the business decision to close the account. There will be no further collection activity, credit reporting or sale of this account. In addition, the three credit-reporting agencies will be notified to delete all reference to the account in question from [redacted]’s consumer credit files.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Dear [redacted]:
Thank
you for your follow-up letter
inquiry dated March 7, 2014,
regarding [redacted]’s complaint,
which Midland Credit
Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
Midland Credit provided all the relevant account information in its
previous letter response to your office dated February 14, 2014. In that response, Midland Credit stated that
it had acknowledged [redacted]’s dispute, ceased collection efforts, annotated
the account as disputed, and was in the process of verifying the debt. Midland Credit also indicated that it had
since obtained verification information from the seller and enclosed a copy for
[redacted]’s review. Midland Credit also
subsequently provided a copy of said verification information on March 7, 2014
in response to a written request [redacted] sent directly to Midland Credit.
Please note, 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).
As such, Midland Credit’s
position has not changed. Midland
Credit appropriately proceeded with efforts to collect the debt and commenced
reporting its tradeline on [redacted]’s consumer credit files. A review of Midland Credit’s business records
indicates that it is accurately reporting the above-referenced account to the
three major credit reporting agencies.
With that said, after receipt of this complaint, a
review of Midland Credit’s business records indicates [redacted] contacted
Midland Credit and indicated that she paid [redacted] directly. Please note, Midland Credit has received no
confirmation from [redacted] that such payment has been made. If such is in fact the case, please have [redacted] submit supporting documentation at the address provided within this
response. Until it has received such
payment or notification from [redacted]’s account will remain marked
“Cease and Desist,” and will be considered valid, due and owing. [redacted] will continue to no longer receive
correspondence or calls from Midland Credit representatives unless 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]
New Roman">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 8, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with the same last 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.
A review of Midland Credits business records indicates that [redacted] sent a similar complaint via correspondence which was received March 27, 2015. At that time, Midland Credit took the appropriate steps to ensure [redacted] information was marked as “Do Not Mail” in Midland Credit’s computer system for the referenced account.
Midland Credit acted in a timely manner and has complied with all applicable laws. Please assure Mr. [redacted] that he continue to no longer receive correspondence from Midland Credit representatives regarding the referenced account.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to 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]
Dear Ms. [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated May 13, 2014, regarding Mr. [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.
Mr. [redacted] asserts that his telephone number is part of the national “Do Not Call Registry” and expresses concern regarding telephone contact by Midland Credit. Please note that Midland Credit is not a “telephone solicitor” and does not engage in “telephone solicitation.” Rather, Midland Credit is a collection agency, licensed and bonded in those states with requirements that it be so licensed and/or bonded. Midland Credit collects outstanding debts incurred by consumers pursuant to a variety of types of consumer contracts – credit card, automobile, personal loans, etc. To the extent that Mr. [redacted] would have been contacted by or on behalf of Midland Credit, it would be in an effort to collect a debt arising out of an established business relationship – exactly the type of call excluded from the “Do Not Call Registry” list.
That being said, an investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer with a name similar to Mr. [redacted]’s. During a search for the correct consumer, Mr. [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. A review of Midland Credit’s business records indicates it had no information that it was contacting a wrong number for the consumer until receipt of the complaint through your office.
Mr. [redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. Mr. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, Mr. [redacted]’s telephone number ([redacted]) has been added to an exclusion list to prevent it from being called in the future. Midland Credit respectfully declines Mr. [redacted]’s 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 Mr. [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
GJG: [redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received September 26, 2016. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on March 11, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 11, 2012 as a [redacted] account number ending in [redacted], in the name of [redacted] under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 30, 2014. The balance at the time of purchase was $529.38. On June 21, 2015 the account was placed with Midland Credit’s Internal Legal Department (“Internal Legal Department”) for further servicing.
The complaint indicates that multiple disputes have been submitted and Midland Credit has refused to acknowledge them. Midland Credit received notices of possible dispute from the credit reporting agencies as well as email correspondence on several occasions and responded accordingly.
Validation of the debt was provided to [redacted] on September 23, 2015, and again on May 2, 2016 along with letters advising that Midland Credit had investigated the claims. Additional letters were sent on May 4, 2016, June 3, 2016, July 11, 2016 and August 5, 2016 in response to correspondence from [redacted]. The contact information for Consumer Support Services was also provided in the letters. A copy of the verification information provided by the seller and a copy of the judgment is enclosed for your records. 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.
[redacted] also alleges that Midland Credit has inaccurate information with regard to the original creditor. The account information provided to Midland Credit comes directly from the seller, [redacted], and is believed to be accurate. If [redacted] has documentation to substantiate the claim of inaccuracy, or to show that the debt was the result of a banking error, she may forward it to CSS using the contact information on this letterhead, or directly to the Internal Legal Department.
[redacted] also communicates a desire to settle the account. Midland Credit encourages [redacted] to work with its Internal Legal Department to assist in reaching a positive resolution. They may be reached at PO Box 939050, San Diego, CA 92193 and their phone number is[redacted]
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
January 25, 2016
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 11, 2016. Midland Credit appreciates the opportunity to answer your questions.
Midland Credit provided all of the account identifying information in its previous letter response to your office. A review of the previous response sent indicates the letter had a date of January 4, 2015. Please note there was a typographical error as this response was actually sent on January 4, 2016.
[redacted] expresses a concern that a debt collector must send a validation notice to a valid address where the consumer may live, and that Midland Credit intentionally sent the letter to an address where he would not receive it. A review of Midland Credit’s business records indicate that the address to which the validation letter was sent to was provided by the seller. Based on that, Midland Credit attempted to contact [redacted] using that address. Upon receipt of the original complaint through your office, Midland Credit has confirmed its records reflect the address provided by [redacted] in the complaint.
[redacted] continues to express a concern that he has not received proof of the validity of the debt. Midland Credit provided account verifying information in its previous response. As mentioned in that response, the original contract, complete payment history, and a full set of billing statements are not required under the FDCPA.
[redacted] also states that the documentation previously provided did not show the current business relationship. The validation documentation is once again enclosed, along with a copy of the bill of sale verifying Midland Funding as the rightful owner of the account. A copy of a seller data sheet confirming the account was included in the purchase from Asset Acceptance, LLC is also enclosed. 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.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
I do not agree with what this company has said. They are currently reporting these accounts as being open and active which is affecting my credit. For accounts that have been closed and charged off they cannot change the account number and report them as being active. I have not opened any accounts with this company. They need to contact the credit companies and report that these accounts are closed. It is illegal to change account numbers and dates of when the accounts have been opened this is also very unethical practice. Maybe this is why they have so many complaints and fines against them.
Regards,
[redacted]
Dear [redacted]
12pt">
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received April 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit 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 June 10, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April 16, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted] [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on February 29, 2008. The balance at the time of purchase was $580.48.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 30, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on September 29, 2013, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on April 29, 2014. The balance at the time of purchase was $554.52.
[redacted] expresses a concern that she does not owe the debts. Midland Credit mailed [redacted] separate and unique validation letters – on June 23, 2011, for account no. [redacted], and on June 9, 2014, for account no. [redacted]. 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”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In fact; no correspondence was received directly from [redacted] prior to the complaint filed through your office, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such notices in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debts. Although the request is not timely, a copy of the verification information provided by the seller for account no. [redacted] is enclosed for [redacted]’s 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. She may forward appropriate documentation to Consumer Support Services at the address on this letterhead.
[redacted] expresses a concern that Midland Credit representatives have contacted her excessively. Please assure [redacted] that Midland Credit has safeguards in place to ensure that its calls are being placed according to applicable law. A review of Midland Credit’s business records indicates that Midland Credit did not call [redacted] more often than is allowable pursuant to applicable law.
Per [redacted]’s request, the above-referenced accounts have been marked “Cease and Desist.” While they remain due and owing, [redacted] will no longer receive correspondence or calls from Midland Credit representatives unless a response is required by law.
If [redacted] is ready to resolve the above-referenced debts, she may qualify for a reduction in her account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist her 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 [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]:
class="MsoBodyText3">Thank you for your letter inquiry dated May 1, 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 although this response is not signed by [redacted] any subsequent correspondence should continue to be addressed to [redacted]
An investigation of this matter indicates that Midland Credit is the servicer of an account belonging to another consumer. During a search for the correct consumer, [redacted]’s phone number was provided to Midland Credit representatives by a third party. In reliance on that information, Midland Credit attempted to contact the consumer regarding the referenced account. Midland Credit had no information it was calling a wrong number for the consumer until receipt of the complaint through your office.
[redacted]’s phone number has been marked “Do Not Call” in Midland Credit’s computer system for the referenced account. [redacted] will no longer receive calls from Midland Credit representatives regarding the referenced account. Additionally, [redacted]’s telephone number ([redacted]) has been added to an exclusion list to prevent it from being called in the future.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs and Compliance
*Admitted in Minnesota, North Dakota, South Dakota and Wisconsin, Not Admitted in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
Midland Credit again makes no reference to the information provided in my previous rejection and has again changed their story. Prior, on multiple occasions, Midland stated that my information was reported correctly and now acknowledges it wasn't. My Revdex.com complaints also were not submitted multiple times as they claimed. I simply rebuked their now admittedly erroneous statements. As is such, they are still reporting erroneous late payments and seem incapable, or unwilling, to resolve what they have now admitted to be an error.
As they have now admitted to providing false statements in the past correspondence I have updated complaints also filed with the CFPB as well as State Attorney Generals office in California.
This is my last attempt to resolve this via the Revdex.com as I fear Midland is now stalling the process after admitting erroneous reporting and continuing to disregard the text of my rejections. I accept no response except their deletion from my [redacted] report they have now admitted to tainting with false information. In one swift blow, at their whim, they dropped my score in excess of 50 points with false information simply because I disputed their false reporting.
I will accept no resolution that doesn't involve them removing this account as they are unable to report it correctly. Anything to the contrary I will reject as they have shown to be acting in no good faith and making no attempts to remedy their errors.
Failure to do so will result in me advancing this cause further.
Regards,
[redacted]