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]
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]
class="MsoBodyText3">Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received April 30, 2015.
Midland Credit appreciates the opportunity to answer your questions.
Although
[redacted] is not specific about the accounts she is referencing, an
investigation of this matter indicates that Midland Credit is the servicer of two
accounts belonging to [redacted] which are being reported to the three major
credit reporting agencies.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on March 9, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on February 21, 2007, as a [redacted] credit card
account number ending in [redacted], in the name of [redacted], under the last
four of the social security number [redacted]
Subsequently, the account was charged-off as an unpaid delinquent-debt
on January 22, 2009. The balance at the
time of purchase was $791.33.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, on January 24, 2011.
Information provided by the seller, [redacted]., at the
time of acquisition indicates this account was originated on July 13, 2005, as
a [redacted]. [redacted] account number ending in [redacted], in the name
of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on December 27, 2008. The balance at the time of purchase was $2,016.91.
Although
no specific dispute is made, [redacted] asks that Midland Credit’s tradeline be
removed from her consumer credit files. Midland
Credit mailed [redacted] separate and unique validation letters – on July 14,
2009, for account no. [redacted], and on January 30, 2011, 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. On March 30, 2015, Midland Credit received the only direct correspondence
from [redacted] requesting validation for account no. [redacted], which cannot
be considered timely. To date, Midland
Credit has not received direct correspondence requesting validation for account
no. [redacted].
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. 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.
Please
assure [redacted] that Midland Credit is a reputable firm, and that it is a
member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law.
If
[redacted] has any specific concerns regarding accounts belonging to her that
are being serviced by Midland Credit, please have her call its Consumer Support
Services team at [redacted] so they may assist her.
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
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]
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
November 17, 2015
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted], and [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of four accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], 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 August 17, 2003, 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 $1,309.22.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 27, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 12, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 22, 2010. The balance at the time of purchase was $3,495.81.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 17, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 26, 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 January 17, 2012. The balance at the time of purchase was $10,545.91.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 19, 2004, 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 30, 2010. The balance at the time of purchase was $1,584.40.
[redacted] expresses a concern that the accounts should not be reporting on their consumer credit files. With reference to account number [redacted], on March 11, 2012, Midland Credit mailed the consumer a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. Midland Credit received notification of a possible dispute through the credit reporting agencies on March 22, 2013. In response to that notification of possible dispute, Midland Credit mailed verification information provided by the seller to [redacted]. A copy of that documentation is again enclosed for their records.
Midland Credit mailed [redacted] separate and unique validation letters for the accounts: on September 26, 2014, for account no. [redacted], on November 26, 2014 for account no. [redacted], and on October 1, 2015, for account no. [redacted]. These letters informed the consumer that Midland Funding had acquired the accounts, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing these debts or requesting validation from [redacted] in response to the letters. Upon receipt of [redacted]’s complaint, Midland Credit acknowledged the consumer’s dispute, annotated the accounts as disputed, and has ceased collection efforts while it is in the process of verifying the debts. Once Midland Credit has obtained verification of the debts, copies will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debts regarding account nos. [redacted], and [redacted].
[redacted] indicates that they have never done business 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.
[redacted] also indicates that they believe Midland Credit should be reporting as the original creditor. Midland Credit is unable to report as the original creditor, and all accounts it reports are reported as collection accounts. [redacted] may be seeing accounts reported by the original creditor as well as Midland Credit. If [redacted] has concerns regarding the information being reported by the original creditor, they may dispute it directly with the credit reporting agencies.
[redacted] further writes that they believe that Midland Credit has re-aged the accounts by reporting the dates of purchase as the open dates. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open dates being furnished on the accounts reflect the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
[redacted] expresses concern that the accounts will continue to report indefinitely because they believe their purchase has restarted the Federal Reporting period. The date of purchase of the accounts does not affect the Federal Reporting period which is calculated based on the date of delinquency with the original creditor. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period will expire in December of 2016 for account no. [redacted], in August of 2016 for account no. [redacted], in June of 2018 for account no. [redacted] and in November of 2016 for account no. [redacted]. Please note that the expiration of the Federal Reporting period does not extinguish a debt. Rather, it prevents an account’s information from being listed on the consumer’s credit report. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies with regard to account no. [redacted] 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
class="MsoBodyText3">Thank you for your letter inquiry dated December 5, 2014, regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received the same day via E-mail.
Midland Credit appreciates the opportunity to answer your questions. [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, 2012.
Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April
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]. Subsequently, the
account was charged-off as an unpaid delinquent-debt on March 31, 2010. The balance at the time of purchase was
$1,648.48.
[redacted] expresses a concern that his validation requests have been ignored. On June 1, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired
the account, and of his rights pursuant to the Fair Debt Collection Practices
Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
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. In fact, no correspondence was
received directly from [redacted] prior to the complaint filed through your
office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
While
the request was untimely, a copy of the verification information provided by
the seller is enclosed for [redacted]’s records.
A review of Midland Credit’s business records indicates that it is
accurately reporting the above-referenced account to the three major credit
reporting agencies.
Additionally,
[redacted] expresses a desire to have the above-referenced account deleted from his
consumer credit files upon resolving the balance. Please note that it is
Midland Credit’s policy to report all accounts accurately. Should Mr.
[redacted] pay the full balance, Midland Credit will report the account as “Account
paid in full, was a collection account.” Should [redacted] pay less
than the full balance, Midland Credit will report an additional memo stating “Account
paid in full for less than the full balance.” If Midland Credit were
to delete the account, its correct and accurate status would not be reflected.
With
that said, on December 11, 2014, [redacted] contacted Midland Credit, and advised
that he was no longer disputing the account. Midland Credit has advised the
three major credit reporting agencies to remove the dispute codes from [redacted] consumer credit files for the above-referenced account.
If
[redacted] is ready to settle the above-referenced debt, [redacted] may qualify for
a reduction in his account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both
beneficial to him, as well as settle the account balance.
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.
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.
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]:
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]
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
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
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]
[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 October 19, 2016. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 6, 2016.
As mentioned in its previous response, Midland Credit received account information directly from the seller, [redacted]; however, based on [redacted] claims of inaccuracy, Midland Credit conducted further research and was able to confirm that [redacted] did go through a conversion in September 2013, and that the statements it sent out at that time included information regarding the conversion. [redacted] also stated that it sent out a packet to [redacted] to the address it had on file at the time of the conversion. In addition, [redacted] advised that it has no record of [redacted] disputing the account.
[redacted] indicates that all correspondence was sent to an incorrect address and he was never served with a lawsuit. Midland Credit’s Internal Legal Department (“Internal Legal”) was unaware that it had an incorrect address until September 13, 2016, when it received returned mail. Internal Legal has subsequently updated the address. Internal Legal indicates that suit was filed on July 21, 2015, and [redacted] was served via certified mail on or about August 24, 2015. Garnishment was requested shortly thereafter, and [redacted] filed an objection to the Wage Execution, which was denied by the court on October 6, 2016. The garnishment was then issued on October 7, 2016. Internal Legal proceeded with the Wage Execution and filed the Application for Wage Execution on October 12, 2016.
[redacted] states that he sent a letter prior to the Wage Execution indicating an intent to settle and requested that the negative information be removed from his credit report, but did not receive a response. In the initial Revdex.com complaint [redacted] alleges that he agreed to settle for 1% of the debt but had not received a response from Midland Credit. Internal Legal has no record of receiving any type of correspondence from [redacted] offering to settle prior to receipt of the Revdex.com complaint. On October 14, 2016, [redacted] contacted Internal Legal but made no mention of a settlement during that conversation either.
In keeping with its Consumer-First approach, Midland Credit recently updated its policy regarding paid tradelines where the date of delinquency is over two years old, which is the case for [redacted] account. With that said, Midland Credit encourages [redacted] to continue to work with Internal Legal to assist in reaching a positive resolution. [redacted] may reach Internal Legal at PO Box 939050, San Diego, CA 92193. Their contact 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.
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]
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
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]
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 May 4, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 3, 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 February 9, 2010. The balance at the time of purchase was $629.32.
[redacted] expresses concern that Midland Credit continued to call her after she requested that all calls cease, and communications only continue in writing. A review of Midland Credit’s business records indicates that [redacted] spoke with Midland Credit representatives on February 22, 2014, and requested that she no longer be contacted by phone. At that time, [redacted]’s phone number, [redacted], was marked “Do Not Call” in Midland Credit’s computer system for the referenced account. Midland Credit’s records indicate that there have not been any calls placed to that phone number since.
Often a consumer will speak to someone from one collection agency and then believe that any subsequent collection calls, even those from another collection company, are from the same company. Since [redacted]’s complaint states that she is receiving calls in excess of those made by Midland Credit representatives, it appears that this may have happened to [redacted].
[redacted] references that she filed a complaint last year, but did not receive a response. Please note that while the complaint, as filed through your office, indicates that it was submitted by [redacted] on March 20, 2014, it was not submitted to Midland Credit until May 4, 2015.
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. Please note that it is Midland Credit’s policy to report all accounts accurately. Should [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Per [redacted]’s previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
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]
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.
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]
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]
Dear [redacted]
class="MsoBodyText3">Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received April 30, 2015.
Midland Credit appreciates the opportunity to answer your questions.
Although
[redacted] is not specific about the accounts she is referencing, an
investigation of this matter indicates that Midland Credit is the servicer of two
accounts belonging to [redacted] which are being reported to the three major
credit reporting agencies.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, LLC (“Midland Funding”), on March 9, 2009. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on February 21, 2007, as a [redacted] credit card
account number ending in [redacted], in the name of [redacted], under the last
four of the social security number [redacted]
Subsequently, the account was charged-off as an unpaid delinquent-debt
on January 22, 2009. The balance at the
time of purchase was $791.33.
Midland
Credit became the servicer of account no. [redacted], on behalf of purchaser,
Midland Funding, on January 24, 2011.
Information provided by the seller, [redacted]., at the
time of acquisition indicates this account was originated on July 13, 2005, as
a [redacted]. [redacted] account number ending in [redacted], in the name
of [redacted], under the last four of the social security number
[redacted]. Subsequently, the account was
charged-off as an unpaid delinquent-debt on December 27, 2008. The balance at the time of purchase was $2,016.91.
Although
no specific dispute is made, [redacted] asks that Midland Credit’s tradeline be
removed from her consumer credit files. Midland
Credit mailed [redacted] separate and unique validation letters – on July 14,
2009, for account no. [redacted], and on January 30, 2011, 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. On March 30, 2015, Midland Credit received the only direct correspondence
from [redacted] requesting validation for account no. [redacted], which cannot
be considered timely. To date, Midland
Credit has not received direct correspondence requesting validation for account
no. [redacted].
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. 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.
Please
assure [redacted] that Midland Credit is a reputable firm, and that it is a
member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it
can be confusing for a consumer to discern which companies are operating within
the law.
If
[redacted] has any specific concerns regarding accounts belonging to her that
are being serviced by Midland Credit, please have her call its Consumer Support
Services team at [redacted] so they may assist her.
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]
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]
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
November 17, 2015
face="Times New Roman">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted], and [redacted]
Dear [redacted]:
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received November 3, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of four accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], 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 August 17, 2003, 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 $1,309.22.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on February 27, 2014. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 12, 2007, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 22, 2010. The balance at the time of purchase was $3,495.81.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on October 17, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on September 26, 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 January 17, 2012. The balance at the time of purchase was $10,545.91.
Midland Credit became the servicer of account no. [redacted] on behalf of purchaser, Midland Funding, on August 13, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 19, 2004, 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 30, 2010. The balance at the time of purchase was $1,584.40.
[redacted] expresses a concern that the accounts should not be reporting on their consumer credit files. With reference to account number [redacted], on March 11, 2012, Midland Credit mailed the consumer a validation letter. Please note that the letter was mailed to [redacted] via the United States Postal Service. The letter was not returned as “undeliverable,” satisfying the notification requirements of the Fair Debt Collection Practices Act (“FDCPA”). 15 U.S.C. § 1692. In that letter, Midland Credit provided the required disclosure of rights set forth in the FDCPA (15 U.S.C. § 1692).
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. Midland Credit received notification of a possible dispute through the credit reporting agencies on March 22, 2013. In response to that notification of possible dispute, Midland Credit mailed verification information provided by the seller to [redacted]. A copy of that documentation is again enclosed for their records.
Midland Credit mailed [redacted] separate and unique validation letters for the accounts: on September 26, 2014, for account no. [redacted], on November 26, 2014 for account no. [redacted], and on October 1, 2015, for account no. [redacted]. These letters informed the consumer that Midland Funding had acquired the accounts, and of their rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letters were not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing these debts or requesting validation from [redacted] in response to the letters. Upon receipt of [redacted]’s complaint, Midland Credit acknowledged the consumer’s dispute, annotated the accounts as disputed, and has ceased collection efforts while it is in the process of verifying the debts. Once Midland Credit has obtained verification of the debts, copies will be mailed to your office. Additionally, Midland Credit will not furnish account information to the three major credit reporting agencies until it is able to provide [redacted] with verification of the debts regarding account nos. [redacted], and [redacted].
[redacted] indicates that they have never done business 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.
[redacted] also indicates that they believe Midland Credit should be reporting as the original creditor. Midland Credit is unable to report as the original creditor, and all accounts it reports are reported as collection accounts. [redacted] may be seeing accounts reported by the original creditor as well as Midland Credit. If [redacted] has concerns regarding the information being reported by the original creditor, they may dispute it directly with the credit reporting agencies.
[redacted] further writes that they believe that Midland Credit has re-aged the accounts by reporting the dates of purchase as the open dates. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open dates being furnished on the accounts reflect the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
[redacted] expresses concern that the accounts will continue to report indefinitely because they believe their purchase has restarted the Federal Reporting period. The date of purchase of the accounts does not affect the Federal Reporting period which is calculated based on the date of delinquency with the original creditor. A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period will expire in December of 2016 for account no. [redacted], in August of 2016 for account no. [redacted], in June of 2018 for account no. [redacted] and in November of 2016 for account no. [redacted]. Please note that the expiration of the Federal Reporting period does not extinguish a debt. Rather, it prevents an account’s information from being listed on the consumer’s credit report. A review of Midland Credit’s business records indicates that the account information it is furnishing to the three major credit reporting agencies with regard to account no. [redacted] 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
Dear [redacted]
class="MsoBodyText3">Thank you for your letter inquiry dated December 5, 2014, regarding [redacted] complaint, which Midland Credit
Management, Inc. (“Midland Credit”) received the same day via E-mail.
Midland Credit appreciates the opportunity to answer your questions. [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, 2012.
Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on April
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]. Subsequently, the
account was charged-off as an unpaid delinquent-debt on March 31, 2010. The balance at the time of purchase was
$1,648.48.
[redacted] expresses a concern that his validation requests have been ignored. On June 1, 2012, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired
the account, and of his rights pursuant to the Fair Debt Collection Practices
Act, 15 U.S.C. § 1692 et seq. (“FDCPA”).
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. In fact, no correspondence was
received directly from [redacted] prior to the complaint filed through your
office, which cannot be considered timely.
The
FDCPA specifically states that, unless a consumer provides a debt collector
with notice of such a dispute within 30 days of receiving the initial
validation letter, “the debt will be assumed to be valid by the debt
collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a
notice at the time, Midland Credit appropriately proceeded with efforts to
contact [redacted] and collect the debt.
While
the request was untimely, a copy of the verification information provided by
the seller is enclosed for [redacted]’s records.
A review of Midland Credit’s business records indicates that it is
accurately reporting the above-referenced account to the three major credit
reporting agencies.
Additionally,
[redacted] expresses a desire to have the above-referenced account deleted from his
consumer credit files upon resolving the balance. Please note that it is
Midland Credit’s policy to report all accounts accurately. Should Mr.
[redacted] pay the full balance, Midland Credit will report the account as “Account
paid in full, was a collection account.” Should [redacted] pay less
than the full balance, Midland Credit will report an additional memo stating “Account
paid in full for less than the full balance.” If Midland Credit were
to delete the account, its correct and accurate status would not be reflected.
With
that said, on December 11, 2014, [redacted] contacted Midland Credit, and advised
that he was no longer disputing the account. Midland Credit has advised the
three major credit reporting agencies to remove the dispute codes from [redacted] consumer credit files for the above-referenced account.
If
[redacted] is ready to settle the above-referenced debt, [redacted] may qualify for
a reduction in his account balance.
Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching a resolution that will be both
beneficial to him, as well as settle the account balance.
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.
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.
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]:
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]
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]
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
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]
October 28, 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] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received October 19, 2016. Midland Credit appreciates the opportunity to answer your questions. Midland Credit provided all of the account identifying information in its previous letter response to your office dated October 6, 2016.
As mentioned in its previous response, Midland Credit received account information directly from the seller, [redacted]; however, based on [redacted] claims of inaccuracy, Midland Credit conducted further research and was able to confirm that [redacted] did go through a conversion in September 2013, and that the statements it sent out at that time included information regarding the conversion. [redacted] also stated that it sent out a packet to [redacted] to the address it had on file at the time of the conversion. In addition, [redacted] advised that it has no record of [redacted] disputing the account.
[redacted] indicates that all correspondence was sent to an incorrect address and he was never served with a lawsuit. Midland Credit’s Internal Legal Department (“Internal Legal”) was unaware that it had an incorrect address until September 13, 2016, when it received returned mail. Internal Legal has subsequently updated the address. Internal Legal indicates that suit was filed on July 21, 2015, and [redacted] was served via certified mail on or about August 24, 2015. Garnishment was requested shortly thereafter, and [redacted] filed an objection to the Wage Execution, which was denied by the court on October 6, 2016. The garnishment was then issued on October 7, 2016. Internal Legal proceeded with the Wage Execution and filed the Application for Wage Execution on October 12, 2016.
[redacted] states that he sent a letter prior to the Wage Execution indicating an intent to settle and requested that the negative information be removed from his credit report, but did not receive a response. In the initial Revdex.com complaint [redacted] alleges that he agreed to settle for 1% of the debt but had not received a response from Midland Credit. Internal Legal has no record of receiving any type of correspondence from [redacted] offering to settle prior to receipt of the Revdex.com complaint. On October 14, 2016, [redacted] contacted Internal Legal but made no mention of a settlement during that conversation either.
In keeping with its Consumer-First approach, Midland Credit recently updated its policy regarding paid tradelines where the date of delinquency is over two years old, which is the case for [redacted] account. With that said, Midland Credit encourages [redacted] to continue to work with Internal Legal to assist in reaching a positive resolution. [redacted] may reach Internal Legal at PO Box 939050, San Diego, CA 92193. Their contact 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]
Senior Corporate Counsel, Legal Affairs & Compliance
[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]
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
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]
May 14, 2015
0pt" class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry regarding [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received May 4, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on December 28, 2011. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on July 3, 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 February 9, 2010. The balance at the time of purchase was $629.32.
[redacted] expresses concern that Midland Credit continued to call her after she requested that all calls cease, and communications only continue in writing. A review of Midland Credit’s business records indicates that [redacted] spoke with Midland Credit representatives on February 22, 2014, and requested that she no longer be contacted by phone. At that time, [redacted]’s phone number, [redacted], was marked “Do Not Call” in Midland Credit’s computer system for the referenced account. Midland Credit’s records indicate that there have not been any calls placed to that phone number since.
Often a consumer will speak to someone from one collection agency and then believe that any subsequent collection calls, even those from another collection company, are from the same company. Since [redacted]’s complaint states that she is receiving calls in excess of those made by Midland Credit representatives, it appears that this may have happened to [redacted].
[redacted] references that she filed a complaint last year, but did not receive a response. Please note that while the complaint, as filed through your office, indicates that it was submitted by [redacted] on March 20, 2014, it was not submitted to Midland Credit until May 4, 2015.
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. Please note that it is Midland Credit’s policy to report all accounts accurately. Should [redacted] pay the full balance, Midland Credit will report the account as “Account paid in full, was a collection account.” Should [redacted] pay less than the full balance, Midland Credit will report an additional memo stating “Account paid in full for less than the full balance.” If Midland Credit were to delete the account, its correct and accurate status would not be reflected.
Per [redacted]’s previous request, the above-referenced account will remain marked “Direct Mail Only.” While it remains due and owing, [redacted] will continue to not receive phone calls from Midland Credit representatives and all correspondence will be sent via the United States Postal Service.
In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] to assist her in reaching a resolution of the account balance.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
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]
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