[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
Dear [redacted]
Thank you for your letter inquiry dated April 10, 2014,
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the...
opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the
servicer of two accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted] on
behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 21, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on July 26, 2004 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 31, 2010. The balance at the time of purchase was $2,316.40.
Midland Credit became the servicer of account no. [redacted], on
behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 21, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on December 30, 2005 as a [redacted]. account number ending
in [redacted] in the name of [redacted], under the last four of the social security
number [redacted].
Subsequently, the account
was charged-off as an unpaid delinquent-debt on December 31, 2010. The balance at the time of purchase was $4,165.64.
A review of Midland Credit’s business records indicates that shortly
after Midland Funding acquired the above-referenced accounts, on July 1, 2012, Midland
Credit mailed [redacted] separate and unique validation letters, which informed him
that Midland Funding had acquired the accounts, and of his rights pursuant to
the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.)
(“FDCPA”). Please note that the letters were
mailed to [redacted] via the United States Postal Service, and were not returned
as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any
written correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In
fact, no written correspondence was received from [redacted] prior to 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 at the time, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debts.
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 above-referenced accounts.
There will be no further collection activity, credit reporting or sale
of the accounts. In addition, the three
credit-reporting agencies will be notified to delete all reference to the
accounts 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 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
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], [redacted], [redacted], [redacted], and [redacted]
Dear Ms. [redacted]:
Thank you for your follow-up letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If Ms. [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
Mr. [redacted] previously filed three submissions through the Revdex.com of San Diego (“Revdex.com”) related to Revdex.com ID [redacted]. Copies of Midland Credit’s responses are enclosed. Midland Credit gave account-identifying details in its previous responses.
As noted in Midland Credit’s previous response dated November 26, 2012, Midland Credit closed account nos. [redacted] and [redacted], which have not been reported to the credit reporting agencies since May 2012. With respect to account no. [redacted], Midland Credit advised in that same response that it had obtained verification information from the seller and had enclosed a copy for Ms. [redacted]’s records. Account no. [redacted] remains in a “Cease and Desist” status, and while the account remains due and owing, Ms. [redacted] continues to not receive correspondence or calls from Midland Credit.
In Ms. [redacted]’s most recent Revdex.com submission, she indicates concern regarding the way that Midland Credit is reporting accounts on her credit report, and states that the accounts were supposedly opened with Midland Credit. A review of Midland Credit’s business records indicates that account nos. [redacted] and [redacted] are being accurately reported to the three major credit reporting agencies.
With that said, 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 account remains collectible, due and owing to Midland Credit.
A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for account no. [redacted] will expire in July 2015, and for account no. [redacted] will expire in May 2015. Please note that this does not extinguish the debts. Rather, it prevents the accounts from being reported to the credit reporting agencies. The accounts will remain collectible, due and owing to Midland Credit.
Ms. [redacted] also expresses concern that Midland Credit keeps “renewing” the debts. As stated in its previous response dated August 31, 2012, Midland Credit does not modify or alter any of the original account information provided by the sellers, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller. The open date listed on Ms. [redacted]’s credit report is in fact the date of purchase by Midland Funding. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date reported reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
Per Ms. [redacted]’s previous request, the accounts will remain marked “Cease and Desist.” While they remain due and owing, she will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
If Ms. [redacted] or her attorney is ready to resolve the above-referenced debt, she may qualify for a reduction in the account balance. Please have Ms. [redacted] or her attorney call Account Manager [redacted] at ###-###-#### to assist in reaching a resolution that will be both beneficial to her, as well as resolve the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ###-###-#### should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], [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] 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.I am requesting information on the Statute of Limitations mentioned in the documentation from Midland. I do not see a validation notice on the documentation provided by Midland. I am requesting a verification of the debt, including, but not limited to, all documentation that pertains to the agreement between Midland and the original creditor. I am requesting that Midland has the debt removed from my credit report.
Regards,
[redacted]
Roman">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 10, 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 January 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on June 4, 2007, as
a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social
security number [redacted]. Subsequently, the
account was charged-off as an unpaid delinquent-debt on August 31, 2009.
The balance at the time of purchase was $7,938.95.
[redacted] writes that she entered into a payment plan to settle the balance for
$3,115.12, which she indicates included a down payment of $1,000.00 and monthly
payments of $88.13 until the settlement balance is met. She also states that the second monthly
payment was received by Midland Credit past the due date due to a delay with
the post office, which voided the payment plan and raised the balance owed on
the debt. Finally, [redacted] expresses a
desire to have the payment arrangement honored again.
Please
note that Midland Credit has no control over the post office and the timeframe
in which it processes and delivers mail.
A review of its business records indicates that it agreed to a payment
plan during a phone call with [redacted] on October 24, 2014. The agreement was for a $1,000.00 down
payment, with monthly payments of $88.13 due the last day of each month until a
total of $3,115.12 was received.
In
accordance with the agreement, Midland Credit received $1,000.00 on October 24,
2014. It then mailed Ms. Nelson a letter
on October 27, 2014 confirming the terms of the agreement and stating that in
the event that she failed to make all payments on time and as agreed, the
agreement would no longer be valid.
The
first monthly payment of $88.13, which was due by November 30, 2014, was
received on December 1, 2014. As the
payment was received within a 24 hour period of the deadline, and because Midland
Credit attempts to allow for a reasonable time to process payments, it
continued to honor the payment agreement.
However,
the next monthly payment of $88.13 was due December 31, 2014 and was not
received until January 6, 2015. As this
payment was received six days late, and [redacted] made no contact with Midland
Credit for an explanation of the delay or a request for an extension of the
deadline, Midland Credit voided the payment plan.
Midland
Credit acted appropriately pursuant to the payment arrangement. However, in keeping with its Consumer-First
policy, it will re-honor the payment agreement.
If [redacted] plans to continue mailing payments, Midland Credit respectfully
recommends allowing a reasonable time for processing by the post office so that
payments may be received in accordance with their respective due dates. [redacted] may call Midland Credit Account
Manager [redacted] at [redacted] to reestablish the
agreement.
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.From: [redacted]Date: Wed, Feb 12, 2014 at 4:26 PMSubject: Re: You have a new message from the Revdex.comTo: [redacted]
In response to this letter submitted from Midland Credit, (#[redacted])
during the period that they have attempted to collect the debt in question I have never received no such validation document via United States Postal Service. I have never signed for such a validation document as mentioned. Is there such proof threw the United States Postal Service that a document like this was delivered to me? The attached document provided is not a true validation of debt owed as it does not contain proof that they are able to collect a debt in my state, further more it does not show enough documentation to prove a true debt. Any individual can place an account number, name, ect on a piece of paper and claim for a debt.....I request Midland Credit provide me a true debt validation that includes billing statements, proof of license to collect in the state I currently reside, as well as a break down of incurred debt. As far as there claim mentioned about contacting me via phone, yes, I was contacted during weekdays hours...as well as the weekend days of Saturday andSunday. Saturday and Sunday are not considered to be normal work day hours..
.I do have two very small children who have been woken during the very early hours several times due to such harassing phone calls. In response to the statement made regarding other debt collectors, my confusion and Midland Credit...I do not have any other debt collectors contacting me nor do I feel it necessary to defame my personal character as an individual. I feel that Midland Credit has not properly addressed this situation nor do they have a legal claim.
Thank you,
[redacted]
Dear [redacted]
11pt;">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 15, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 3, 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 May 9, 2009. The balance at the time of purchase was $1,524.43.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 9, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 6, 2009, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 9, 2011. The balance at the time of purchase was $688.79.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 11, 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 April 16, 2009. The balance at the time of purchase was $469.79.
[redacted] expresses a concern that Midland Credit has not used proper collection procedures. Midland Credit mailed [redacted] separate and unique validation letters – on May 21, 2011, for account no. [redacted], on June 16, 2012, for account no. [redacted], and on July 8, 2012, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 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.
[redacted] also states that he has not received electricity from [redacted]. As indicated above, the debt originating from [redacted] was in relation to a [redacted] credit card account, and not electricity. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. If [redacted] is ready to resolve the above-referenced debts, [redacted] may qualify for a reduction in his account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching resolutions that will be both beneficial to him, as well as resolve the account balances.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 10, 2016. 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] however, only three of those accounts were mentioned in the complaint. Account information for the fourth account is included for [redacted] information.
Midland Credit became the servicer of account number [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on July 20, 2015. Information provided by the seller, [redacted]. at the time of acquisition indicates this account was originated on March 31, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 19, 2014. The balance at the time of purchase was $548.92.
Midland Credit became the servicer of account number [redacted], on behalf of purchaser, Midland Funding, LLC, on July 20, 2015. Information provided by the seller, [redacted]. at the time of acquisition indicates this account was originated on November 4, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 11, 2014. The balance at the time of purchase was $788.38.
Midland Credit became the servicer of account number [redacted], on behalf of purchaser, Midland Funding, on July 20, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 17, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 19, 2014. The balance at the time of purchase was $980.95.
Midland Credit became the servicer of account number [redacted] on behalf of purchaser, Midland Funding, on May 28, 2014. There was no reference to this particular account in [redacted] complaint. With that said, information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 15, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2014. The balance at the time of purchase was $989.32.
[redacted] expresses a concern that her requests for validation have been ignored. Midland Credit mailed [redacted] separate and unique validation letters – on August 10, 2015, for account numbers [redacted] These letters informed her that Midland Funding had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The 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 received three pieces of correspondence from you, in January 2016, requesting validation of account numbers [redacted]. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] letters for each account on February 3, 2016, advising her Midland Credit had determined that its credit file, and the information it is furnishing for each of the above-referenced accounts, was accurate.
Upon receipt of [redacted]’s subsequent dispute, regarding account numbers [redacted],[redacted], Midland Credit acknowledged [redacted]’s dispute, annotated the accounts as disputed, and has ceased collection efforts while it is in the process of verifying the debts. Please note that Midland Credit requires additional time to fully investigate the matter and provide the information requested. Once Midland Credit has obtained verification of the debts, copies will be mailed to your office. Additionally, Midland Credit is not furnishing account information to the three major credit reporting agencies, in fact the trade lines for the account numbers referenced in the complaint were deleted on February 29, 2016.
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]
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# 1[redacted]
MCM# [redacted]
Dear [redacted]
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.
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 25, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 8, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 22, 2011. The balance at the time of purchase was $278.91.
[redacted] expresses a concern that his validation requests have been ignored. On March 30, 2013, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first direct written correspondence requesting validation from [redacted] on March 9, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
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
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.
[Apparently Midland Credit has poor record keeping abilities. Which is a little disconcerting for a collections company. Fortunately, my companies records are current. Our inbound caller ID logs are quite clear about when we were contacted and who contacted us. We are not confused, and while Midland might like to play this off as a mistake, that is not the case. I must assume there "records" also do not reflect the requests we made to customer support to be removed from the call log prior to opening this case.
I am pleased that Midland claims they will no longer be contacting our number. However, if this claim is based upon their poor record keeping abilities, I am highly suspect of it actually taking place. If counsel would like to figure out why their reporting system/records system is incorrect, I would be more than willing to authorize AT&T to release the call logs. Midland would need to pay the AT&T processing fees for that request.]
Regards,
[redacted]
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated August 14, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 4, 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 5, 2012. The balance at the time of purchase was $111.87.
[redacted] sent in full payment of $111.87, which was posted to the account on May 21, 2013. On or about July 26, 2013, Midland Credit received notice from the seller that the account was sold in error, having been paid prior to its sale to Midland Funding. The account has since been recalled to the seller.
[redacted] expresses a concern that Midland Credit representatives were rude to her and that she has yet to receive the refund she had been advised would be sent to her. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees. It has not determined that its representatives acted rudely, however, there was confusion on which company would be providing [redacted] with her refund which is the reason she has yet to receive it.
Midland Credit apologizes for this and is currently expediting the refund to [redacted] via FedEx to her home address provided within the complaint. Although such refunds typically can take four to six weeks, the refund is expected to be mailed out within the next 7 business days.
Additionally, [redacted] expresses concern that the account was reported to the credit bureaus. A review of Midland Credit’s business records indicates that following receipt of her payment, the account was appropriately updated to reflect a paid status with the credit reporting agencies. However, upon receipt of the recall notice from the seller, it appears that although the account was properly adjusted within Midland Credit computer system, the update to remove the account from **. [redacted]’s consumer credit files may not have been applied as intended.
With that said, a notice of possible dispute of the credit reporting was received by Midland Credit from [redacted] in March of 2014 at which time the credit-reporting agency was advised to delete the account. In order to reconfirm the above-referenced account is no longer being reported to any of the three credit-reporting agencies, an instant update was sent to them on August 26, 2014 to delete any remaining reference to the above-referenced account 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]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated February 10, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on April 2, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 24, 2007 as a [redacted] general consumer loan 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, 2011. The balance at the time of purchase was $676.07.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on April 27, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that received notices from the credit reporting agencies of possible disputes beginning on June 4, 2013. However, it did not receive the first written correspondence sent to Midland Credit from [redacted] until November 26, 2013. In any case, none of the disputes can be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
While Midland Credit has acted timely and within the guidelines defined by applicable law, in keeping with its Consumer-First policy Midland Credit made the business decision to close the account on January 27, 2014. 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 our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
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
How is it acceptable to offer not one spec of detail as to who you are and then all out question me on an individual? A situation like that where you fail to provide any information of who you are is constituted as harassment when you question me asking things.
Regards,[redacted]
Dear [redacted]
Thank you for your follow-up 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 the original response was provided by and any subsequent correspondence should continue to be addressed to [redacted]
Midland Credit provided all the relevant account information in its previous letter response to your office dated March 27, 2014.
[redacted] expresses a desire to discuss settlement of one or more of his accounts. Per [redacted]’s request the “Cease and Desist” has been removed from all three accounts. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted], to discuss repayment options.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs & Compliance
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated...
March 4, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] filed a
similar complaint through the Office of the Attorney General, State of
[redacted] (“AG”). Given that Midland
Credit’s response to the complaint from your office would be the same as the
response which Midland Credit previously provided to the AG, a copy of said
response is enclosed.
As stated in Midland Credit’s earlier
response; [redacted] expresses a
concern that he has not received title to the vehicle pertaining to the
above-referenced account. Please note,
Midland Credit received written correspondence from [redacted] on November
18, 2013 supplying appropriate records to commence the lien release
process. [redacted] was informed that
the procedure to release a vehicle lien can take up to 90 days. The lien release documents were sent on
February 17, 2014 to [redacted] at the same address provided within this
complaint. A copy of said documentation
is enclosed for your records.
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
January 16, 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 September 22, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on February 29, 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 August 25, 2014. The balance at the time of purchase was $988.88.
[redacted] writes that she is receiving calls from Midland Credit, but would
prefer to be contacted by mail and be provided with more information about the
debt. Per [redacted]’s request, the above-referenced account has been marked
“Direct Mail Only.” While it remains due and owing, [redacted] will no
longer receive phone calls from Midland Credit representatives and all
correspondence will be sent via the United States Postal Service.
A
copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is
ready to resolve this debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist her in reaching a resolution that will be both beneficial to her, as
well as resolve 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 what they respond doesn't reflect the truth, so would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
On the first Paragraph, they refer as been one account, and on my credit report they report 02 different account - [redacted], OPENED IN AUG 17,2003 (ACCOUNT "A") and the other one MIDLAND FUNDING LLC, OPENED IN JAN 26,2012 (ACCOUNT "B"), I attached the copy of the credit report showing the both account in my.
They refer to another 02 midland accounts [redacted] on behalf of citibank; [redacted] on behalf atlantic credit & finance, but the none of these accounts was ever envolved in my credit score, so midland shouldn't be reporting anything on credit report.
And the 04 and last account that they refers, is the account [redacted] on behalf of MIDLAND FUNDING, yes same company. An account that I doesn't recognize.
Regarding the all letter that Midland sent over the USPS, the only one received was on dated april 08,2014 (attached) and only reports what they wrote on this response, They purchase of [redacted], opened in jan 26, 2012 and the purchase amount was $1,309.22. and they ask to I get I contact, but once I tried to contact them they can't provide any type of documentation of the referral debit with [redacted] or unpaid balance. The only option that they give to me is pay or pay the debt.
Regards,
[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]
Thank you for your letter inquiry dated April 10, 2014,
regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland
Credit”) received the same
day via E-mail.
Midland Credit appreciates the...
opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the
servicer of two accounts belonging to [redacted].
Midland Credit became the servicer of account no. [redacted] on
behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 21, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on July 26, 2004 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 31, 2010. The balance at the time of purchase was $2,316.40.
Midland Credit became the servicer of account no. [redacted], on
behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on June 21, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on December 30, 2005 as a [redacted]. account number ending
in [redacted] in the name of [redacted], under the last four of the social security
number [redacted].
Subsequently, the account
was charged-off as an unpaid delinquent-debt on December 31, 2010. The balance at the time of purchase was $4,165.64.
A review of Midland Credit’s business records indicates that shortly
after Midland Funding acquired the above-referenced accounts, on July 1, 2012, Midland
Credit mailed [redacted] separate and unique validation letters, which informed him
that Midland Funding had acquired the accounts, and of his rights pursuant to
the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.)
(“FDCPA”). Please note that the letters were
mailed to [redacted] via the United States Postal Service, and were not returned
as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any
written correspondence disputing the debts or requesting validation from [redacted] in response to the letters. In
fact, no written correspondence was received from [redacted] prior to 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 at the time, Midland Credit appropriately proceeded
with efforts to contact [redacted] and collect the debts.
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 above-referenced accounts.
There will be no further collection activity, credit reporting or sale
of the accounts. In addition, the three
credit-reporting agencies will be notified to delete all reference to the
accounts 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 our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
March 6, 2015
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], [redacted], [redacted], [redacted], and [redacted]
Dear Ms. [redacted]:
Thank you for your follow-up letter inquiry regarding Ms. [redacted]’s complaint, which Midland Credit Management, Inc. (“Midland Credit”) received February 23, 2015. Midland Credit appreciates the opportunity to answer your questions.
A review of Midland Credit’s business records indicates that Ms. [redacted] has retained an attorney. Going forward, all communication about the matter should be handled by her attorney. If Ms. [redacted] is no longer represented by an attorney, please have her provide Midland Credit with written notice so it may update its records and allow its representatives to communicate with her directly.
Mr. [redacted] previously filed three submissions through the Revdex.com of San Diego (“Revdex.com”) related to Revdex.com ID [redacted]. Copies of Midland Credit’s responses are enclosed. Midland Credit gave account-identifying details in its previous responses.
As noted in Midland Credit’s previous response dated November 26, 2012, Midland Credit closed account nos. [redacted] and [redacted], which have not been reported to the credit reporting agencies since May 2012. With respect to account no. [redacted], Midland Credit advised in that same response that it had obtained verification information from the seller and had enclosed a copy for Ms. [redacted]’s records. Account no. [redacted] remains in a “Cease and Desist” status, and while the account remains due and owing, Ms. [redacted] continues to not receive correspondence or calls from Midland Credit.
In Ms. [redacted]’s most recent Revdex.com submission, she indicates concern regarding the way that Midland Credit is reporting accounts on her credit report, and states that the accounts were supposedly opened with Midland Credit. A review of Midland Credit’s business records indicates that account nos. [redacted] and [redacted] are being accurately reported to the three major credit reporting agencies.
With that said, 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 account remains collectible, due and owing to Midland Credit.
A review of Midland Credit’s business records indicates that the seven-year Federal Reporting period for account no. [redacted] will expire in July 2015, and for account no. [redacted] will expire in May 2015. Please note that this does not extinguish the debts. Rather, it prevents the accounts from being reported to the credit reporting agencies. The accounts will remain collectible, due and owing to Midland Credit.
Ms. [redacted] also expresses concern that Midland Credit keeps “renewing” the debts. As stated in its previous response dated August 31, 2012, Midland Credit does not modify or alter any of the original account information provided by the sellers, such as the name of the consumer, the date of origination, or the date of occurrence. Midland Credit reports the information on the accounts it acquires based on the business records maintained by the original lender/seller. The open date listed on Ms. [redacted]’s credit report is in fact the date of purchase by Midland Funding. In accordance with the Credit Reporting Resource Guide produced by the Consumer Data Industry Association, the open date reported reflects the “date that the account was purchased by the debt buyer or placed/assigned to the third party collection agency.”
Per Ms. [redacted]’s previous request, the accounts will remain marked “Cease and Desist.” While they remain due and owing, she will continue to not receive correspondence or calls from Midland Credit representatives unless a response is required by law.
If Ms. [redacted] or her attorney is ready to resolve the above-referenced debt, she may qualify for a reduction in the account balance. Please have Ms. [redacted] or her attorney call Account Manager [redacted] at ###-###-#### to assist in reaching a resolution that will be both beneficial to her, as well as resolve the account balances.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to Ms. [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at ###-###-#### should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted], [redacted].
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Enclosure
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.I am requesting information on the Statute of Limitations mentioned in the documentation from Midland. I do not see a validation notice on the documentation provided by Midland. I am requesting a verification of the debt, including, but not limited to, all documentation that pertains to the agreement between Midland and the original creditor. I am requesting that Midland has the debt removed from my credit report.
Regards,
[redacted]
Dear [redacted]
Roman">Thank you for your letter inquiry
regarding [redacted] complaint,
which Midland Credit Management, Inc. (“Midland Credit”) received
February 10, 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 January 25, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates
this account was originated on June 4, 2007, as
a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social
security number [redacted]. Subsequently, the
account was charged-off as an unpaid delinquent-debt on August 31, 2009.
The balance at the time of purchase was $7,938.95.
[redacted] writes that she entered into a payment plan to settle the balance for
$3,115.12, which she indicates included a down payment of $1,000.00 and monthly
payments of $88.13 until the settlement balance is met. She also states that the second monthly
payment was received by Midland Credit past the due date due to a delay with
the post office, which voided the payment plan and raised the balance owed on
the debt. Finally, [redacted] expresses a
desire to have the payment arrangement honored again.
Please
note that Midland Credit has no control over the post office and the timeframe
in which it processes and delivers mail.
A review of its business records indicates that it agreed to a payment
plan during a phone call with [redacted] on October 24, 2014. The agreement was for a $1,000.00 down
payment, with monthly payments of $88.13 due the last day of each month until a
total of $3,115.12 was received.
In
accordance with the agreement, Midland Credit received $1,000.00 on October 24,
2014. It then mailed Ms. Nelson a letter
on October 27, 2014 confirming the terms of the agreement and stating that in
the event that she failed to make all payments on time and as agreed, the
agreement would no longer be valid.
The
first monthly payment of $88.13, which was due by November 30, 2014, was
received on December 1, 2014. As the
payment was received within a 24 hour period of the deadline, and because Midland
Credit attempts to allow for a reasonable time to process payments, it
continued to honor the payment agreement.
However,
the next monthly payment of $88.13 was due December 31, 2014 and was not
received until January 6, 2015. As this
payment was received six days late, and [redacted] made no contact with Midland
Credit for an explanation of the delay or a request for an extension of the
deadline, Midland Credit voided the payment plan.
Midland
Credit acted appropriately pursuant to the payment arrangement. However, in keeping with its Consumer-First
policy, it will re-honor the payment agreement.
If [redacted] plans to continue mailing payments, Midland Credit respectfully
recommends allowing a reasonable time for processing by the post office so that
payments may be received in accordance with their respective due dates. [redacted] may call Midland Credit Account
Manager [redacted] at [redacted] to reestablish the
agreement.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted]
Thank
you again for your assistance in this matter. Please contact Midland
Credit’s Consumer Support Services team at [redacted] should you
have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and have determined that this proposed action would not resolve my complaint. For your reference, details of the offer I reviewed appear below.From: [redacted]Date: Wed, Feb 12, 2014 at 4:26 PMSubject: Re: You have a new message from the Revdex.comTo: [redacted]
In response to this letter submitted from Midland Credit, (#[redacted])
during the period that they have attempted to collect the debt in question I have never received no such validation document via United States Postal Service. I have never signed for such a validation document as mentioned. Is there such proof threw the United States Postal Service that a document like this was delivered to me? The attached document provided is not a true validation of debt owed as it does not contain proof that they are able to collect a debt in my state, further more it does not show enough documentation to prove a true debt. Any individual can place an account number, name, ect on a piece of paper and claim for a debt.....I request Midland Credit provide me a true debt validation that includes billing statements, proof of license to collect in the state I currently reside, as well as a break down of incurred debt. As far as there claim mentioned about contacting me via phone, yes, I was contacted during weekdays hours...as well as the weekend days of Saturday andSunday. Saturday and Sunday are not considered to be normal work day hours..
.I do have two very small children who have been woken during the very early hours several times due to such harassing phone calls. In response to the statement made regarding other debt collectors, my confusion and Midland Credit...I do not have any other debt collectors contacting me nor do I feel it necessary to defame my personal character as an individual. I feel that Midland Credit has not properly addressed this situation nor do they have a legal claim.
Thank you,
[redacted]
Dear [redacted]
11pt;">
Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received January 21, 2015. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit is the servicer of three accounts belonging to [redacted]. Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”) on April 15, 2011. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on November 3, 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 May 9, 2009. The balance at the time of purchase was $1,524.43.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 9, 2012. Information provided by the seller, [redacted] at the time of acquisition indicates this account was originated on December 6, 2009, as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on August 9, 2011. The balance at the time of purchase was $688.79.
Midland Credit became the servicer of account no. [redacted], on behalf of purchaser, Midland Funding, on May 14, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 11, 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 April 16, 2009. The balance at the time of purchase was $469.79.
[redacted] expresses a concern that Midland Credit has not used proper collection procedures. Midland Credit mailed [redacted] separate and unique validation letters – on May 21, 2011, for account no. [redacted], on June 16, 2012, for account no. [redacted], and on July 8, 2012, for account no. [redacted]. These letters informed him that Midland Funding had acquired the accounts, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). 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.
[redacted] also states that he has not received electricity from [redacted]. As indicated above, the debt originating from [redacted] was in relation to a [redacted] credit card account, and not electricity. A review of Midland Credit’s business records indicates that it is accurately reporting the above-referenced accounts to the three major credit reporting agencies. If [redacted] is ready to resolve the above-referenced debts, [redacted] may qualify for a reduction in his account balances. Please have [redacted] call Account Manager [redacted] at [redacted] to assist him in reaching resolutions that will be both beneficial to him, as well as resolve the account balances.
Please assure [redacted] that Midland Credit is a reputable firm, and that it is a member of the Revdex.com of San Diego in good standing. With numerous scams noted in the media, it can be confusing for a consumer to discern which companies are operating within the law.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Please confirm receipt of the attached release form.
Thanks in advance for your assistance.
Sincerely,
Kenneth [redacted]
Dear [redacted]
lang="X-NONE">Thank you for your letter inquiry regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received March 10, 2016. 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] however, only three of those accounts were mentioned in the complaint. Account information for the fourth account is included for [redacted] information.
Midland Credit became the servicer of account number [redacted], on behalf of purchaser, Midland Funding, LLC (“Midland Funding”), on July 20, 2015. Information provided by the seller, [redacted]. at the time of acquisition indicates this account was originated on March 31, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 19, 2014. The balance at the time of purchase was $548.92.
Midland Credit became the servicer of account number [redacted], on behalf of purchaser, Midland Funding, LLC, on July 20, 2015. Information provided by the seller, [redacted]. at the time of acquisition indicates this account was originated on November 4, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 11, 2014. The balance at the time of purchase was $788.38.
Midland Credit became the servicer of account number [redacted], on behalf of purchaser, Midland Funding, on July 20, 2015. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on May 17, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 19, 2014. The balance at the time of purchase was $980.95.
Midland Credit became the servicer of account number [redacted] on behalf of purchaser, Midland Funding, on May 28, 2014. There was no reference to this particular account in [redacted] complaint. With that said, information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 15, 2010 as a [redacted] account number ending in [redacted], in the name of [redacted], under the last four of the social security number [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 31, 2014. The balance at the time of purchase was $989.32.
[redacted] expresses a concern that her requests for validation have been ignored. Midland Credit mailed [redacted] separate and unique validation letters – on August 10, 2015, for account numbers [redacted] These letters informed her that Midland Funding had acquired the accounts, and provided the required disclosure of rights set forth in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The 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 received three pieces of correspondence from you, in January 2016, requesting validation of account numbers [redacted]. Based on the information [redacted] provided and pursuant to the [redacted] Finance Code, Midland Credit responded by sending [redacted] letters for each account on February 3, 2016, advising her Midland Credit had determined that its credit file, and the information it is furnishing for each of the above-referenced accounts, was accurate.
Upon receipt of [redacted]’s subsequent dispute, regarding account numbers [redacted],[redacted], Midland Credit acknowledged [redacted]’s dispute, annotated the accounts as disputed, and has ceased collection efforts while it is in the process of verifying the debts. Please note that Midland Credit requires additional time to fully investigate the matter and provide the information requested. Once Midland Credit has obtained verification of the debts, copies will be mailed to your office. Additionally, Midland Credit is not furnishing account information to the three major credit reporting agencies, in fact the trade lines for the account numbers referenced in the complaint were deleted on February 29, 2016.
Midland Credit considers consumer complaints a serious matter and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact Midland Credit’s Consumer Support Services team at[redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
May 12, 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# 1[redacted]
MCM# [redacted]
Dear [redacted]
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.
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 25, 2013. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on June 8, 2010, as a [redacted] account number ending in [redacted], in the name of [redacted]. Subsequently, the account was charged-off as an unpaid delinquent-debt on March 22, 2011. The balance at the time of purchase was $278.91.
[redacted] expresses a concern that his validation requests have been ignored. On March 30, 2013, Midland Credit mailed [redacted] a validation letter, which informed him that Midland Funding had acquired the account, and of his rights pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). The letter was not returned as “undeliverable” by the United States Postal Service, satisfying the notification requirements of the FDCPA. 15 U.S.C. § 1692.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that it received the first direct written correspondence requesting validation from [redacted] on March 9, 2015, which cannot be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” 15 U.S.C. § 1692g(a)(3). Because Midland Credit did not receive such a notice in a timely manner, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
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]
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.
[Apparently Midland Credit has poor record keeping abilities. Which is a little disconcerting for a collections company. Fortunately, my companies records are current. Our inbound caller ID logs are quite clear about when we were contacted and who contacted us. We are not confused, and while Midland might like to play this off as a mistake, that is not the case. I must assume there "records" also do not reflect the requests we made to customer support to be removed from the call log prior to opening this case.
I am pleased that Midland claims they will no longer be contacting our number. However, if this claim is based upon their poor record keeping abilities, I am highly suspect of it actually taking place. If counsel would like to figure out why their reporting system/records system is incorrect, I would be more than willing to authorize AT&T to release the call logs. Midland would need to pay the AT&T processing fees for that request.]
Regards,
[redacted]
August 28, 2014
class="MsoNormal">
VIA E-Mail
[redacted]
Revdex.com of San Diego
5050 Murphy Canyon, Ste. 110
San Diego, CA 92123
Re: Consumer complaint of [redacted]
Revdex.com# [redacted]
MCM# [redacted]
Dear [redacted]
Thank you for your letter inquiry dated August 14, 2014, regarding [redacted] complaint, which Midland Credit Management, Inc. (“Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (“Midland Funding”), on November 29, 2012. Information provided by the seller, [redacted], at the time of acquisition indicates this account was originated on January 4, 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 5, 2012. The balance at the time of purchase was $111.87.
[redacted] sent in full payment of $111.87, which was posted to the account on May 21, 2013. On or about July 26, 2013, Midland Credit received notice from the seller that the account was sold in error, having been paid prior to its sale to Midland Funding. The account has since been recalled to the seller.
[redacted] expresses a concern that Midland Credit representatives were rude to her and that she has yet to receive the refund she had been advised would be sent to her. Midland Credit has finished conducting its investigation regarding the alleged conduct of its employees. It has not determined that its representatives acted rudely, however, there was confusion on which company would be providing [redacted] with her refund which is the reason she has yet to receive it.
Midland Credit apologizes for this and is currently expediting the refund to [redacted] via FedEx to her home address provided within the complaint. Although such refunds typically can take four to six weeks, the refund is expected to be mailed out within the next 7 business days.
Additionally, [redacted] expresses concern that the account was reported to the credit bureaus. A review of Midland Credit’s business records indicates that following receipt of her payment, the account was appropriately updated to reflect a paid status with the credit reporting agencies. However, upon receipt of the recall notice from the seller, it appears that although the account was properly adjusted within Midland Credit computer system, the update to remove the account from **. [redacted]’s consumer credit files may not have been applied as intended.
With that said, a notice of possible dispute of the credit reporting was received by Midland Credit from [redacted] in March of 2014 at which time the credit-reporting agency was advised to delete the account. In order to reconfirm the above-referenced account is no longer being reported to any of the three credit-reporting agencies, an instant update was sent to them on August 26, 2014 to delete any remaining reference to the above-referenced account 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]
Dear [redacted]:
0in 0in 0pt;" class="MsoNormal">
Thank you for your letter inquiry dated February 10, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received the same day via E-mail. Midland Credit appreciates the opportunity to answer your questions.
An investigation of this matter indicates that Midland Credit became the servicer of the above-referenced account on behalf of purchaser, Midland Funding LLC (hereinafter “Midland Funding”), on April 2, 2012. Information provided by the seller, [redacted]., at the time of acquisition indicates this account was originated on August 24, 2007 as a [redacted] general consumer loan 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, 2011. The balance at the time of purchase was $676.07.
[redacted] expresses a concern that her validation requests have been ignored. A review of Midland Credit’s business records indicates that shortly after Midland Funding acquired the above-referenced account, on April 27, 2012, Midland Credit mailed [redacted] a validation letter, which informed her that Midland Funding had acquired the account, and of her rights pursuant to the Fair Debt Collection Practices Act (15 U.S.C. § 1692 et seq.) (“FDCPA”). Please note that the letter was mailed to [redacted] at the same address listed within her complaint via the United States Postal Service, and was not returned as “undeliverable” – satisfying the requirements set forth within the FDCPA.
Midland Credit’s business records indicate that it did not receive any correspondence disputing the debt or requesting validation from [redacted] in response to the letter. A review of Midland Credit’s business records indicates that received notices from the credit reporting agencies of possible disputes beginning on June 4, 2013. However, it did not receive the first written correspondence sent to Midland Credit from [redacted] until November 26, 2013. In any case, none of the disputes can be considered timely.
The FDCPA specifically states that, unless a consumer provides a debt collector with notice of such a dispute within 30 days of receiving the initial validation letter, “the debt will be assumed to be valid by the debt collector.” (15 U.S.C. § 1692g(a)(3).) Because Midland Credit did not receive such a notice at the time, Midland Credit appropriately proceeded with efforts to contact [redacted] and collect the debt.
While Midland Credit has acted timely and within the guidelines defined by applicable law, in keeping with its Consumer-First policy Midland Credit made the business decision to close the account on January 27, 2014. 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 our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate Counsel, Legal Affairs & Compliance
*Admitted in Colorado; Registered In-House Counsel in California
[redacted]
Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and find that this resolution would be satisfactory to me. I will wait for the business to perform this action and, if it does, will consider this complaint resolved.
Regards,
[redacted]
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
How is it acceptable to offer not one spec of detail as to who you are and then all out question me on an individual? A situation like that where you fail to provide any information of who you are is constituted as harassment when you question me asking things.
Regards,[redacted]
Dear [redacted]
Thank you for your follow-up 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 the original response was provided by and any subsequent correspondence should continue to be addressed to [redacted]
Midland Credit provided all the relevant account information in its previous letter response to your office dated March 27, 2014.
[redacted] expresses a desire to discuss settlement of one or more of his accounts. Per [redacted]’s request the “Cease and Desist” has been removed from all three accounts. In keeping with Midland Credit’s Consumer-First policy, and to provide the highest level of consumer satisfaction, [redacted]’s account has been referred to Account Manager [redacted] Please have [redacted] call [redacted] at [redacted], to discuss repayment options.
Midland Credit considers consumer complaints a serious matter, and fully respects consumers’ rights. Midland Credit apologizes for the inconvenience caused to [redacted].
Thank you again for your assistance in this matter. Please contact our Consumer Support Services team at [redacted] should you have any further questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Senior Corporate Counsel, Legal Affairs & Compliance
[redacted]
Dear [redacted]:
Thank you for your letter inquiry dated...
March 4, 2014, regarding [redacted]’s complaint, which Midland Credit Management, Inc. (hereinafter “Midland Credit”) received
the same day via E-mail. Midland Credit appreciates the opportunity to
answer your questions.
[redacted] filed a
similar complaint through the Office of the Attorney General, State of
[redacted] (“AG”). Given that Midland
Credit’s response to the complaint from your office would be the same as the
response which Midland Credit previously provided to the AG, a copy of said
response is enclosed.
As stated in Midland Credit’s earlier
response; [redacted] expresses a
concern that he has not received title to the vehicle pertaining to the
above-referenced account. Please note,
Midland Credit received written correspondence from [redacted] on November
18, 2013 supplying appropriate records to commence the lien release
process. [redacted] was informed that
the procedure to release a vehicle lien can take up to 90 days. The lien release documents were sent on
February 17, 2014 to [redacted] at the same address provided within this
complaint. A copy of said documentation
is enclosed for your records.
Midland
Credit considers consumer complaints a serious matter, and fully respects
consumers’ rights. Midland Credit
apologizes for the inconvenience caused to [redacted].
Thank
you again for your assistance in this matter. Please contact our Consumer
Support Services team at [redacted] should you have any further
questions.
Sincerely,
Midland Credit Management, Inc.
[redacted]
Corporate
Counsel, Legal Affairs & Compliance
*Admitted in Colorado;
Registered In-House Counsel in California
[redacted]
Enclosure
January
30, 2015
Roman","serif";
mso-bidi-font-weight:bold">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 16, 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 September 22, 2014. Information provided by the seller, [redacted], at the time of acquisition indicates this account was
originated on February 29, 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 August 25, 2014. The balance at the time of purchase was $988.88.
[redacted] writes that she is receiving calls from Midland Credit, but would
prefer to be contacted by mail and be provided with more information about the
debt. Per [redacted]’s request, the above-referenced account has been marked
“Direct Mail Only.” While it remains due and owing, [redacted] will no
longer receive phone calls from Midland Credit representatives and all
correspondence will be sent via the United States Postal Service.
A
copy of the verification information provided by the seller is enclosed for [redacted]’s records. If [redacted] is
ready to resolve this debt, she may qualify for a reduction in her account
balance. Please have [redacted] call
Midland Credit Account Manager [redacted] at [redacted] to
assist her in reaching a resolution that will be both beneficial to her, as
well as resolve 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 what they respond doesn't reflect the truth, so would not resolve my complaint. For your reference, details of the offer I reviewed appear below.
On the first Paragraph, they refer as been one account, and on my credit report they report 02 different account - [redacted], OPENED IN AUG 17,2003 (ACCOUNT "A") and the other one MIDLAND FUNDING LLC, OPENED IN JAN 26,2012 (ACCOUNT "B"), I attached the copy of the credit report showing the both account in my.
They refer to another 02 midland accounts [redacted] on behalf of citibank; [redacted] on behalf atlantic credit & finance, but the none of these accounts was ever envolved in my credit score, so midland shouldn't be reporting anything on credit report.
And the 04 and last account that they refers, is the account [redacted] on behalf of MIDLAND FUNDING, yes same company. An account that I doesn't recognize.
Regarding the all letter that Midland sent over the USPS, the only one received was on dated april 08,2014 (attached) and only reports what they wrote on this response, They purchase of [redacted], opened in jan 26, 2012 and the purchase amount was $1,309.22. and they ask to I get I contact, but once I tried to contact them they can't provide any type of documentation of the referral debit with [redacted] or unpaid balance. The only option that they give to me is pay or pay the debt.
Regards,
[redacted]